PBS dependent ILR

[Moon84]

Hello All,
could you please help me to apply ILR for my wife. she is on tier 1 general dependent visa and she will complete 5 years next month. is it possible she can apply separately I mean on her own visa bcz she complete her 5 years and what document and form I need to apply.

[CR001]

What is your immigration status??

[CR001]

From your previous posts you appear to be looking at applying for ILR based on 10 years long residence in September.

Your spouse cannot apply for ILR as a PBS Dependent if you do not apply for ILR based on your Tier 1 General 5 year residence.

If you apply for ILR based on long residence, your spouse will have no other option but to apply for a Spouse Settlement visa on FLR(M) which will be issued for 2.5 years. She will then have to apply for a further 2.5 year extension to make up 5 years on FLR(M) before qualifying for ILR.

She will also have to pay the immigration health surcharge and you/she will have to meet the financial requirement and she will need to meet the English language requirement.

[Moon84]

From your previous posts you appear to be looking at applying for ILR based on 10 years long residence in September.

Your spouse cannot apply for ILR as a PBS Dependent if you do not apply for ILR based on your Tier 1 General 5 year residence.

If you apply for ILR based on long residence, your spouse will have no other option but to apply for a Spouse Settlement visa on FLR(M) which will be issued for 2.5 years. She will then have to apply for a further 2.5 year extension to make up 5 years on FLR(M) before qualifying for ILR.

She will also have to pay the immigration health surcharge and you/she will have to meet the financial requirement and she will need to meet the English language requirement.

Hi CR,
Thank you for your reply I am on tier1 general visa and I will apply ilr on long residency. I confirmed with home office they said to me that my wife can apply ilr separately because she complete her 5 years on pbs dependent . They also said to me it doesn't matter which route I apply for ilr and they asked me to fill SET O form for my wife. I am still confuse?

[vinny]

Unfortunately, their response appears to be contrary to the Immigration Rules.

[CR001]

As vinny said, their advise is wrong (which is often the case) and the immigration rules don't permit her to apply for ILR as PBS dep if you apply for ILR based on long residence. She will have no other option but to apply for FLR(M).

She will only qualify for ILR as PBS Dep if YOU apply for ILR based on Tier 1 General. Why don't you want to apply for ILR based on 5 years Tier 1 General??

[Moon84]

As vinny said, their advise is wrong (which is often the case) and the immigration rules don't permit her to apply for ILR as PBS dep if you apply for ILR based on long residence. She will have no other option but to apply for FLR(M).

She will only qualify for ILR as PBS Dep if YOU apply for ILR based on Tier 1 General. Why don't you want to apply for ILR based on 5 years Tier 1 General??

Thank you Both,
I agree with you but my question is we are not applying on same time she can apply before me and if you read SET O form there is clearly mention in section 3 part B that tier 1 PBS dependent can apply separately . The link vinny send explaining about those dependent who cant apply ilr after their main applicant already got ilr on LR. The reason I am not applying on tier1 General because I am not full fill the income requirement for current year.

[CR001]

you read SET O form there is clearly mention in section 3 part B that tier 1 PBS dependent can apply separately .

She CANNOT apply for ILR as PBS Dependent independently from you. A PBS Dependent can ONLY apply for ILR as a PBS Dependent IF the main PBS migrant applied for ILR based on PBS and 5 years residence. The form allows dependents to apply separately but only AFTER the main applicant has received ILR based on the Tier route.

[Moon84]

you read SET O form there is clearly mention in section 3 part B that tier 1 PBS dependent can apply separately .

She CANNOT apply for ILR as PBS Dependent independently from you. A PBS Dependent can ONLY apply for ILR as a PBS Dependent IF the main PBS migrant applied for ILR based on PBS and 5 years residence. The form allows dependents to apply separately but only AFTER the main applicant has received ILR based on the Tier route.

.
Thank you CR for your reply much appreciated.

[Moon84]

Hi All,
I already ask this question but nobody reply me please help me.
I will apply ilr on long residency postal application next month but my question is can I apply for my wife flr m in post and ask in cover letter to home office to hold my wife application until I get decision on my application. is that possible?

[CR001]

Yes, you could, not guarantee they will 'hold' her application though. If your ILR fails, her FLR(M) will also fail.

When does her PBS Dep visa expire?

[Moon84]

Yes, you could, not guarantee they will 'hold' her application though. If your ILR fails, her FLR(M) will also fail.

When does her PBS Dep visa expire?

Hi CR thanks for your reply.
me and my wife visa will expire in Nov 2016. I will apply ilr on LR in post next month. is any other category she can apply.

[CR001]

No, she can only apply for FLR(M) or if she qualifies for a Tier 2 General (apply from home country).

Why do you not apply for ILR in person and then post wife FLR(M)?

[Moon84]

No, she can only apply for FLR(M) or if she qualifies for a Tier 2 General (apply from home country).

Why do you not apply for ILR in person and then post wife FLR(M)?

As I mention in my previous post I did tax amendments if I go on premium service and they refuse my application on tax issues then I will not get 3c leave because my visa is valid till Nov. as you advise me in previous post that I will not get right of appeal as well. please advise me from best of your knowledge what should I do. I should go on premium service or send in post.