Dependants of ILR (5 year route) applicants

[bgajria]

hi Vinny,

I have a question with respect to shift required to FLR - M visa application from my current visa status.

My husband was on visa Tier 1 PBS for 5 yrs, then applied and granted ILR in mar 2016 end.

We had a court marriage in Dec 2015 followed by hindu marriage ritual in Feb 2016 in India. And for me to come to UK, i applied and got Tier 1 PBS dependant in Feb 2016 after our hindu marriage ritual , then came to UK in 1st week march 2016.

Me and my husband were of the opinion i can continue on Tier 1 PBS dependant without having to shift to FLR-M depedant visa till i am eligible for ILR.

On our return from holiday in Prague around end of April 2016 the Immigration officer stopped us at London airport and made a remark on my visa/passport that i indeed should have shifted my visa as my Husbands visa status has now changed. But i cannot find any such information on the UKBA site nor on this immigration board. He did say we have not done anything illegal but said we would receive a letter from home office asking us to change the visa but till date no communication from them.

Due to this confusion i am unable to travel out of UK with confidence that we will not be stopped again. Any thoughts as to how i should address this situation will be most helpful. Should i just shift to FLR-M as not much time is lost as a PBS dependant towards 5 year ILR route.

Thanks in advance
Bgajria

[vinny]

I think the Immigration Officer was mistaken. In the unlikely event that you receive a letter, then do let us know.

Was your PBS leave granted for a period over six months as required? If you satisfy the all requirements to switch to FLR(M), then it's your choice.

[bgajria]

hi Vinny,

Thanks for you feedback and response.Yes my PBS dependant visa is valid for a year (June 2017) as that was the original expiry date of my husbands Tier 1 PBS visa. Till now no letter is received from the HO.

Is it possible to shift my visa to FLR-M then under the 5year route or are there any other conditions to be met?

Just wanted to be sure that i can shift from Tier 1 dependant to FLR-M succesfully.

Thanks again...
Bg

[CR001]

You can remain on Tier 1 G dependent, you don't have to switch to FLR(M). If you do switch, it is your choice and will start a new 5 year period towards ILR, IHS fee will be payable (£500) in addition to the visa application fee.

Your spouse/you will also have to meet the financial requirement of £18,600pa.

[bgajria]

thank you CR001,

i have a few questions and clarifications required for the FLR form, hoping someone can assist:

Is there a time gap which i have to adhere to before switching to FLR (M) as my current Tier 1 PBS dependant visa validity is from Feb 2016 - June 2017

Showing my husbands income as his suffices the proof and threshold required (payslips , bank statements (for 12 months ) and current employer letter as he changed jobs and we have to go for CAT B in this case).

As i have been here only few months(5mths) would below docs suffice for co-habitation proof:

joint:
1 council tax bill (2016-2017)
2 water utility bills

Individual:
Annual Home Mortgage statement (in husbands name)
Bank statements for 2months (june and july for myself)
HMRC letter regarding tax code (dated early june 2016) as i started working in June 2016. and same for my Husband as he changed jobs.
Payslip printout showing the address (do i need a employer letter to backup printouts saying payslips are genuine? my husband got his employer letter and 12 month payslips as part of the income proof)

Regards,
Bg

[bgajria]

Hi dear Moderators and members

May I request for any guidance on my last questions on the post

I have a premium appointment 22 Aug at Croydon for submission.

I have a confusion regards to section 2 of the form

2.2- Should I tick YES . My first visa was Tier 1 pbs dependant Leave to Enter done from India

2.3. - will this then be First period of leave to remain? Or second ? Or something else altogether . Also since I'm switching from tier 1 pbs to flr m for 5year route to IlR do I give any other reasons in the comment box provided in the form?

Appreciate your help
Kind regards
Bgajria

[bgajria]

Dear all

Could anyone advise on my above 2posts as I have Aug 22 appointment at Croydon

Rgds
Bgajria