FLR(M) and PBS Dependent route (T2ICT)

[T2ILR2012]

Hi All,

Bit confused between FLR and PBS dependent route.

I was granted ILR on 26th July 2013 through WP-> T2ICT route. At the time of application, mine T2ICT and my wife’s leave to remain (PBS dependent) was valid until June 2014.

From what I know, my dependent’s leave to remain is still valid and can apply for extension anytime before her PBS dependent leave to remain expires.

She initially entered UK in 2007 on WP but had spent almost 2 years outside UK since then. Her initial visa as dependent of a PBS T2 migrant was granted in Nov 2012 so she would need to wait for 5 years before she can apply for ILR.

If I am not wrong, she can continue in the PBS dependent category even though I have now been granted ILR through PBS route and her VISA is still valid.

I have read somewhere on the forum that switching to FLR(M) is an option but is not recommended due to tougher language requirements etc.
http://www.immigrationboards.com/viewtopic.php?t=114832
I was going through the guidance for FLR (M) and it says

Form FLR(M) must not be used if you are applying for an extension of stay:
• As a dependant of a PBS migrant (who has temporary leave or has obtained indefinite leave to remain as a PBS migrant) - the correct form is PBS Dependant.

Would somebody be able to advice under what circumstances a switch to FLR M is permitted? Is there a benefit other than unrestricted work? She is a software engineer and is currently working in the UK so restrictions as dentist/doctor don’t really apply.

Is FLR M only for dependent VISA extension for non point based categories once the main applicant has been granted ILR? It would help if somebody could clarify please?

Thanks.

[T2ILR2012]

Hi All, any inputs please..!!

[T2ILR2012]

Hi All, Any inputs would be highly appreciated.

Just want to confirm.

1. Is switch to FLR (M) for PBS dependent where main applicant has been granted ILR through WP -> T2 ICT route possible at all. Looking at the form for FLR(M), it doesn't appear so but the http://www.immigrationboards.com/viewtopic.php?t=114832 puts me into some confusion.

2. If PBS Dependent Extension is the only way, my assumption that my wife's current leave to remain in the PBS Dependent category is valid, correct and we can apply for extension any time before her current leave to remain as PBS dependent expires (June 2014).

Best Regards,

[vinny]

1. Possible.
2. Yes.

[T2ILR2012]

Cheers Vinny.

This helps. I found the guidance for FLR (M) bit confusing.

As you must have seen already, It says.

Form FLR(M) must not be used if you are applying for an
extension of stay:
• As a dependant of a PBS migrant (who has temporary
leave or has obtained indefinite leave to remain as a
PBS migrant) - the correct form is PBS Dependant.

It also says FLR (M) should only be used.

Form FLR(M) must be used if you are applying for an extension of stay in one of the following categories:
• spouse or civil partner of a person present and settled
in the UK
• unmarried or same-sex partner of a person present and
settled in the UK

My wife's current leave to remain is as a PBS dependent to technically speaking she isn't applying for extension in spouse or civil partner of a person present and settled
in the UK category.[/b] but at the same time, as you said, its allowed if requirements are met .

Finances and English requirements are not a problem. With the guidance so clear about this, just wondering if there is a risk involved.

The only reason why I am inclined towards FLR (M) is we'll not have to go for another extension after 3 years .

[vinny]

See also Application together ILR visa and FLR (M) / PBS dependent.

The only reason why I am inclined towards FLR (M) is we'll not have to go for another extension after 3 years

May be incorrect.