Urgent Help Needed for PBS Dependent

[oxymoron981]

Hi All

I am in the UK on Tier 1 General and am applying for my ILR in a few weeks time but my wife does not yet qualify for ILR.

She entered UK on PBS Dependent Visa before 9 July 2012 rules came into effect.

I have booked an appointment for her FLR(M) after 15 days of from ILR Premium application but when I see the PBS Policy guidance I find that she can apply as a PBS Dependent even if I am on ILR.

I am very much confused right now whether to make her application as PBS Dependent or FLR(M) after I qualify for ILR.

Is my wife not allowed to apply for FLR(M) but only PBS Dependent or can she apply either of them.

Since only a few weeks left I would request you if you could advise me on this.

[Amber]

When did you wife enter the UK?

[oxymoron981]

My Wife entered UK in March 2012 as a Tier 1 General Dependent

[Amber]

When does her current leave expire?

[oxymoron981]

Her leave expires mid of Nov 2013

[Amber]

Then apply by post before her leave expires for a PBS dep extension (assuming you are applying for SET(O) as a PBS applicant) then hopefully a decision is not made by March 2014 and you can vary the application to SET(O) and avoid paying more.

[oxymoron981]

Hi Amber

Thanks for your reply. Can she apply for FLR(M) since I have already booked a premium appointment for it.

In case you think she is unable to apply for FLR (M) I would cancel the appointment.

I want to do a premium application since we plan to visit our parents soon.

Regards

[Amber]

Yes, if she applies for FLR(M) [once you are settled] she may subsequently settle on SET(M). There is an A1 English requirement for FLR(M).

[oxymoron981]

Hi Amber

Thanks for your advise. I really appreciate

[oxymoron981]

Hi Amber

Sorry for my delayed post. I just need to ask a final question. If my wife applies for her FLR(M) would she need to wait for 5 years before she applies for ILR SET(M) or the old rules of 2 years would apply since she had previous leave as Tier 1 General Dependent.

And would applying for PBS Dependent would not lead to this issue.

Regards

[Amber]

Assuming you're a PBS applicant then your wife will have transitional protection for her PBS dep extension and ILR application(s):

If an applicant was granted an initial period of leave to enter or remain as a PBS
dependant before 9 July 2012 but has not lived with their PBS partner for the
required 2 years in the United Kingdom at the date their partner is applying for
indefinite leave to remain then, provided their partner gained indefinite leave to
remain as a relevant points based system migrant, the applicant can apply for
further leave to remain under paragraph 319C (b) (iii) (1).

Provided they meet the remaining requirements of paragraph 319C they should
be granted a further period of leave 3 years under paragraph 319D (a) (ii).

Once they have completed the required 2 year period living in the United
Kingdom with their settled partner, who gained indefinite leave to remain as a
relevant points based system migrant, they can qualify for indefinite leave to
remain under paragraph 319E (b) (i), (c) (i), (d) (i).

I think to apply by post and vary as above it perhaps the most sensible option.

[oxymoron981]

Hi Amber

Thank you for your comments. I have been able to get a PEO date for my wife for PBS Dependent extension.

But in the documents section I do not find any mention of providing original passport and BRP of main applicant. DO I need to submit my original passport and BRP with my wife's dependent application or only photocopies of the same.

Regards

[Amber]

You should take original documents to a PEO.

[JShah]

Hi Amber,
Thanks for ur valuable information. I got ILR(I was on Tier1 G), yesterday, my wife visa is due on 06th Dec 2013, I m bit confused which form to use, is it FLR(M) or PBS Dependent form,also plz f you can tell me how much she needs for maintenance and for how long.
I will highly appreciate ur response.

[Amber]

PBS extension form. When did you spouse enter the UK?

[JShah]

Thanks Amber for quick response,
First enter to UK on 19th july 2011
PBS Dependent extension: 06 Dec 2011

Thanks

[Amber]

Entered the UK as a PBS dep in July 2011?

[JShah]

Thats right, she entered on PBS Dependent visa.

[Amber]

So why did she not apply for ILR with you?

[JShah]

She does not meet English language requirement(LIUK).

[Amber]

She should apply for an extension by post before her current leave expires and then get the language requirements satisfied (B1 and LIUK) and then vary the application to SET(O) to avoid paying £000's unnecessarily.

[JShah]

Hi amber, thanks for ur time, can u kindly make it bit clear to me, what do u mean by avoiding paying unnrcessary £000, how its possible.

Thaks

[Amber]

Apply by post for a PBS dep extension before leave expires then get working on the Language requirements which should take no more than 6-8 weeks. By this time the in-time application should still be pending and then, once LIUK and B1 is satisfied, you can vary it to SET(O) by just paying the fee difference as opposed to the cost of a PBS extension and SET(O).

[JShah]

Thanks alot Amber, I trust whatever you have said bcz I have done my ILR without solicitor by following ur advice,
is there any reference to the rule to the above solution you have advice to me

Thanks

[Amber]

See page 32 of the Guidance.