ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Switching from PBS Dependent to Spouse visa inside the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
i2siss
Member
Posts: 115
Joined: Wed Jul 08, 2020 9:02 am
Algeria

Switching from PBS Dependent to Spouse visa inside the UK

Post by i2siss » Thu Aug 25, 2022 8:13 am

Hi all,

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

User avatar
CR001
Moderator
Posts: 87289
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by CR001 » Thu Aug 25, 2022 8:17 am

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

i2siss
Member
Posts: 115
Joined: Wed Jul 08, 2020 9:02 am
Algeria

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by i2siss » Thu Aug 25, 2022 8:32 am

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?

User avatar
CR001
Moderator
Posts: 87289
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by CR001 » Thu Aug 25, 2022 8:34 am

i2siss wrote:
Thu Aug 25, 2022 8:32 am
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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
CR001
Moderator
Posts: 87289
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by CR001 » Thu Aug 25, 2022 8:46 am

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

i2siss
Member
Posts: 115
Joined: Wed Jul 08, 2020 9:02 am
Algeria

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by i2siss » Thu Aug 25, 2022 9:17 am

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?

User avatar
CR001
Moderator
Posts: 87289
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by CR001 » Thu Aug 25, 2022 9:21 am

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

i2siss
Member
Posts: 115
Joined: Wed Jul 08, 2020 9:02 am
Algeria

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by i2siss » Thu Aug 25, 2022 9:26 am

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?

User avatar
CR001
Moderator
Posts: 87289
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by CR001 » Thu Aug 25, 2022 9:27 am

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

i2siss
Member
Posts: 115
Joined: Wed Jul 08, 2020 9:02 am
Algeria

Re: Switching from PBS Dependent to Spouse visa inside the UK

Post by i2siss » Thu Aug 25, 2022 9:28 am

OK. Thank you.

Locked