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ILR for PBS spouse

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monamd
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Posts: 24
Joined: Thu Jul 22, 2010 11:28 pm

ILR for PBS spouse

Post by monamd » Mon Sep 03, 2012 10:32 am

This is totally confusing I hope someone can help.

I am eligible for ILR as Tier 1 migrant in Feb 2013, however, she entered the UK in May 2011 and our visa's were subsequently renewed and now her visa does not expire until Nov 2014. Do we have to make an FLR M application at the same time as my ILR application?

Can this be done same day at PEO?

if we do have to do the FLR M, does she have to meet the the new rules? what exactly do I need to do for this extension?

tier1Reading
Member
Posts: 171
Joined: Thu Jun 14, 2012 12:45 pm

Post by tier1Reading » Mon Sep 03, 2012 12:32 pm

FAQ:
http://www.immigrationboards.com/viewtopic.php?t=79378

Q 12:
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".

Q 13:
PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be *no need* for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.

monamd
Newly Registered
Posts: 24
Joined: Thu Jul 22, 2010 11:28 pm

Post by monamd » Mon Sep 03, 2012 2:30 pm

tier1Reading wrote:FAQ:
http://www.immigrationboards.com/viewtopic.php?t=79378

Q 12:
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".

Q 13:
PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be *no need* for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.
Thank you for the response, so that I can be explicitly clear, I can apply for my own ILR and my wife can remain on PBS dependant visa? if this is the case, when she applies for ILR she applies as per ILR for Dependant of PBS migrant?

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