Dependants of ILR (economic, 5 year route) applicants

[geriatrix]

This topic for dependants of economic migrants where the economic migrant is applying for / has applied for / has been granted settlement under the economic (HSMP / WP / Tier 1 General / Tier 2) route.

Dependants of WP, Ancestry migrants and HSMP JR migrants
Spouse / Partner
1. The dependant is not subject to the 2 year qualifying residential period (196D).
2. The dependant may apply for settlement at the same time as the WP migrant.
3. If for any reason dependant has not applied for settlement at the same time as WP migrant but has valid WP dependant leave, the dependants may apply for settlement directly after the WP migrant has received settled status (under any route) (196D). Such an application must be made before their WP dependant leave expires.
4. If the dependant fails to apply for settlement for any reason before expiry of their current WP leave, the dependant will need to apply for entry clearance (if outside the UK) or extend leave as WP dependant (196B(ii)) leave using FLR(O) form (if inside the UK).

Child
Child born abroad - A child dependant with leave as WP dependant may apply for settlement at the same time as the WP migrant.
198
Child born in the UK - Read Q33 - Q38.

Successes.

Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319E). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement, unless switched back?

c) Doctor / dentist dependant with employment restriction - For PBS dependant who is a doctor / dentist but does not satisfy 319D(b)(iii) may consider switching to FLR(M) at the earliest opportunity to become free from the employment restriction, instead of continuing on PBS dependant leave. Do note that, as mentioned above, anyone switching to FLR(M) on or after 06-Apr-14 will have his / her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will be subject to rules in place before 09-Jul-12 if the dependant keeps extending leave as PBS dependant or if switching to FLR(M) the most recent FLR(M) application was before 06-Ap-2014. The PBS dependant must have lived with the principal PBS migrant 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)(i)). This "2 year" period need not be as a "dependant". These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) before 06-Apr-2014 to complete the 2 years period to become eligible for settlement.

Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (319E(d)(ii) or E-ILRP.1.3.).

Wise to extend PBS dependant leave to become eligible for settlement rather than switching to FLR(M)
Any PBS dependant (even if EC applied for before 09-Jul-12) switching to or extending FLR(M) or applying for entry clearance as spouse of settled person / British citizen on or after 06-Apr-2014 will be bound by Appendix FM (and not Part 8 ) of the immigration rules to qualify for settlement. In other words, any FLR(M) application on or after 06-Apr-14 will reset the ILR clock, and an applicant will then be eligible for settlement only after 5 years of being granted this FLR(M) leave.

"Continuous leave" is expected, but absences are permitted. Probably unchanged? *** Updated ***


Child
Child born abroad - A child dependant with leave as PBS dependant may apply for settlement at the same time that the PBS dependant parent becomes eligible for settlement.
319J
Child born in the UK - Read Q33 - Q38.

Related: Dependant of ILR (long residence) applicant on PBS leave.
See also Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5)

Click on the links for more / detailed information on the subject.

[vinny]

***** CHANGES 6th April 2014 *****

[vinny]

Unfortunately, a caseworker apparently had difficulties in understanding the Immigration Rules.

[vinny]

Some changes from 1 December 2020.