PBS dependent status after main PBS migrant switches to ILR

[moirott]

- I will have been in the UK for a continuous period of 10 years, in October 2016.
- My wife will have been in the UK for a continuous period of 10 years, in March 2017.
- I currently hold a Tier 2 General (PBS) visa, valid until February 2019.
- My wife holds a PBS dependent visa (based on the above), also valid until February 2019.

I intend to apply for ILR in October using the HO same-day premium service, which means that I will no longer be a PBS migrant, under which my wife has been granted her PBS dependent visa.

Does that mean that my wife's current PBS dependent visa will be invalid, and that she will lose her right to apply for ILR based on her own 10-year long residence, comes March 2017?

[Casa]

Your wife will have to submit a FLR(M) application, and pay the NHS surcharge of £500 in addition to the visa fee. As soon as she reaches 10 years of unbroken residence she will be able to apply for ILR under LR.

[CR001]

If your spouse has no travels plans, she should be ok to stay on her current visa until she can apply for Set(LR) in March.

If she has travel plans, she will need to switch to FLR(M) first.

[Obie]

You will need to bear in mind that even though she may have leave, she may not be residing in the UK in accordance with the Immigration rules, as she is no longer a dependent of a PBS migrant.

As home office is always changing rules as a go along, i will not be surprised if this may be used to undermine long residence application, sometime in the future.

Although on the flip side , it could be argued that a person who was granted leave, remains a person in receipt of leave, until that leave is curtailed or revoked.