ILR Dependant query

[cluelesss]

Hi All,
I am on a Tier 1(General) visa till May 2013 when i plan to apply for ILR. I am getting married in Nov2012 this year and will apply for my wife visa immediately after our marriage as a Tier 1 dependant.

As i understand, if all goes well, she will be granted a 5-6 months visa from dec12 till May 13 when my leave expires. But she plans to join me in Feb/Mar13.

I plan to apply for my ILR in April13. Can i add my wife as a dependant on that ILR application form or do i need to apply separately for her on Form FLR(M) after getting my ILR.

I have read somewhere that spouse has to be in UK on a 6 months+ visa to be eligible to apply for a spouse visa. Does it mean she will have to go back to Pakistan in May13 and apply a spouse visa from pakistan.

Secondly, after getting the spouse visa, will there be the doctor in training restriction on her spouse visa which she will get after i obtain my ILR.

Thanks,

[geriatrix]

Can i add my wife as a dependant on that ILR application form

No. She will be eligible for settlement only after completing the qualifying residential period (5 years in her case).

or do i need to apply separately for her on Form FLR(M) after getting my ILR.

She will need to switch FLR(M) leave before her PBS leave expires.

I have read somewhere that spouse has to be in UK on a 6 months+ visa to be eligible to apply for a spouse visa. Does it mean she will have to go back to Pakistan in May13 and apply a spouse visa from pakistan.

No, she can make an in-country application to switch from PBS dependant to FLR(M).

Secondly, after getting the spouse visa, will there be the doctor in training restriction on her spouse visa which she will get after i obtain my ILR.

No such restriction on FLR(M) leave.

[cluelesss]

thanks sushmehta for your reply.

It means once she is here in mar13, in apr/may she will apply to switch from pbs dependant to FLR(M).

In the month before she applies for FLR(m), do we need to open joint bank accounts, joint tenacy agreements or bills etc to prove our marriage to ukba again?

Once again, thanks for your help.

Regards,
clueless

[geriatrix]

She will need to satisfy all the requirements for FLR(M) leave. Reading the application form will help and so will reading the information available on UKBA website (link already provided in response above).

[Greenie]

Will you be applying for ilr under the 10 year long residence rule or after 5 years as a PBS migrant?

[geriatrix]

I believe as PBS migrant having lived in UK for 5 years.

[Greenie]

If that is the case then there has been an important change in the rules since September. 2012. This change allows PBS dependents who do not qualify for ilr at the same time as the PBS migrant to continue extending leave as a PBS dependent even after the PBS migrant has qualified for ilr (and indeed even after the PBS migrant has become a British citizen) however this change only applies where the PBS migrant granted ilr as a PBS migrant and not under the 10 year long residence provisions.

See para 319E

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

i therefore believe the op's wife should apply for further leave on the PBS dependent form instead.

[geriatrix]

Greenie, Thanks for the update which I wasn't aware of.

Correct me if my understanding differs from yours - Having read through the relevant rule (319C(b) and 319C(c)), it appears that in general such applicants now have a choice whether to extend leave as a PBS migrant or switch to FLR(M) leave (when their current PBS dependant leave is near its end and the principal PBS migrant has either become a settled person or a British citizen).

In such case,
Since OP has asked about "doctor in training" restriction on FLR(M) leave, I assume that OP's spouse is a doctor/dentist by profession ... and therefore switching to FLR(M) will be a better option in this case because PBS dependant leave will always be subject to such restrictions as prescribed under 319D(b)(iii).

[cluelesss]

Greenie,

I mentioned in my post that i am PBS migrant in Tier 1 General category and will be completing my 5 years in UK in May 13. I am getting married in Nov 12 and my future wife is a doctor.

I plan to apply for her visa in Nov12 straight after our marriage as a PBS Tier 1 dependant and that will be granted till May 13. I understand she will be restricted to doctor in training condition until May 13.

I plan to apply my ILR in person in early Apr13 and also book her InPerson appointment for end april. I hope i will have my ILR and Biometeric permit received before her FLR(M) appointment??. Does this sound like a good plan..

Please give your suggestions.

Thanks,

[cluelesss]

Hi,
I want to know what should i do when i apply for my settlement visa in Apr13. Should i apply for my spouse FLR(M) at the sametime and book one inPerson appointment. Or first i wait for my ILR to be granted and then apply for my wife's FLR(M) in later appointment.

I have a concern that i will only have 28 days to apply for my ILR and my wife's FLR(M). Please advise accordingly.

Regards,

[cluelesss]

Correct me if my understanding differs from yours - Having read through the relevant rule (319C(b) and 319C(c)), it appears that in general such applicants now have a choice whether to extend leave as a PBS migrant or switch to FLR(M) leave (when their current PBS dependant leave is near its end and the principal PBS migrant has either become a settled person or a British citizen).
.

I want to know whether i should still complete the dependant section of my ILR SET(O) application even when my spouse has been in the UK for 2-3 months. Will the case worker reject her ILR application and give her a PBS dependant extention? or is there any other form i need to submit for her PBS dependant extension.

OR

Should i apply as an individual on ILR form in person and then apply for her FLR(M) in person or in post after getting my ILR accepted. Is it possible to apply her FLR(M) and my ILR at the sametime in one appointment.?

Thanks