Switching from PBS Dependent to Spouse visa inside the UK

[i2siss]

Hi all,

Please, is it possible to switch from a PBS Dependent visa to a Spouse visa inside the UK?

[CR001]

Yes, provided you/she meets the financial requirement and English requirement.

Note that her ILR clock will be reset to zero and she will need a new 5 year (2 x 2.5 year visas) before she can apply for ILR.

[i2siss]

Thanks, CR001.

I see, in that case, would it be possible to extend the PBS Dependent visa where the sponsor is no longer on Tier 2 visa nor ILR through Tier 2 route?

[CR001]

Thanks, CR001.

I see, in that case, would it be possible to extend the PBS Dependent visa where the sponsor is no longer on Tier 2 visa nor ILR through Tier 2 route?

No.

[CR001]

Note also that she is unlikely to meet the requirements as you do not hold Settled Status or ILR and are not British and as a naturalised EU citizen, you did not start living in the UK as an EU citizen before 1st January 2021.

Presumably you tried to apply for pre-settled status for her, based on your posts in February this year. Was this refused as she doesn't qualify?

https://www.gov.uk/uk-family-visa/partner-spouse

Apply as a partner or spouse
To apply as a partner, you and your partner both need to be 18 or over.

Your partner must also either:

be a British or Irish citizen
have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
have a Turkish Businessperson visa or Turkish Worker visa
have refugee status or humanitarian protection in the UK
You and your partner must intend to live together permanently in the UK after you apply.

If your partner has settled or pre-settled status you may be able to apply to the free EU Settlement Scheme.

[i2siss]

Applying for EUSS is not straightforward for her. We are thinking about other options!

Would switching to a GTV Dependent visa reset her ILR clock to zero too?

[CR001]

Would switching to a GTV Dependent visa reset her ILR clock to zero too?

This will only be possible if you had a valid GTV visa or got ILR based on GTV.

GTV Dependent is a PBS dependent visa, same as Tier 2 dependent or Skilled Worker dependent.

[i2siss]

Thanks again CR001.

I had a GTV, but it no longer exists as I switched to EUSS. The thing is she is not able to apply for EUSS. Can she extend her PBS Dependent visa based on my previous GTV?

[CR001]

Can she extend her PBS Dependent visa based on my previous GTV?

No, she cannot. To be able to do this, YOU must hold a valid GTV visa or ILR based on GTV.

[i2siss]

OK. Thank you.