PBS Dependent Leave to Remain - Extension

[brmsunil]

Hi,

My wife came over to the UK in March 2014 and is currently on a PBS Dependent Leave to Remain visa based on my ILR at the time. I have since taken British Citizenship. My wife's 3 year visa, which was issued to her in Mar 2014, expires in March 2017.

Could someone please help us with what the next step should be? ie which visa should my wife be applying for?

Thanks

[CR001]

If you had ILR when she applied, then she wouldn't have a PBS Dependent visa, she would have a spouse settlement visa.

When did you get ILR?

[brmsunil]

Thanks for your response.

Here is the sequence of visas:

- I had a Tier 1 (General) which was expiring on 07-03-2014
- My wife initially applied in India for a Tier 1 Dependent in Jan 2014 and she was issued a "Tier 1 (General) Partner" visa expiring on the same date as my Tier 1 (General), 07-03-2014
- I applied for my ILR and was issued the same on 18-02-2014
- My wife subsequently applied as a dependent based on my ILR and was issued a 3 year PBS Dependent Visa which will expire on 07-03-2017
- I have since taken British Citizenship in July 2015.

Based on the above, please advise which kind of visa she should be applying for?

[CR001]

If you got ILR based on 5 years residence on Tier 1 General, then your wife can continue to extend her PBS Dependent visa till she meets the requirements for ILR on Set(O).

You becoming British does not change that.

[brmsunil]

Yes, I did get my ILR based on 5 years on HSMP/ Tier 1.

Is this the form she needs to fill out for the PBS Dependent extension?
https://www.gov.uk/government/uploads/s ... _03-16.pdf

Thanks for your help.

[CR001]

Yes, that is the one.

She will also have to pay the immigration health surcharge of £600 for a 3 year extension.

[brmsunil]

I just called the UK Home Office helpline and this is what they told me.

"She can apply for a PBS Dependent extension. However, they will issue the visa with an expiry of 06/04/2018. This is because when the stopped issuing Tier 1 General visas they set 06/04/2018 as the latest anyone can go through the route of Tier 1 General to apply to settle in the UK. He said, you can apply for PBS Dependent but I would suggest applying to FLR(M) as you have to start the clock all over again anyway and moving to FLR(M) now will ensure you do that sooner rather than later"

Do you agree with that or do you think I should speak to someone else on the helpline to cross check that?

Thanks

[Casa]

If you got ILR based on 5 years residence on Tier 1 General, then your wife can continue to extend her PBS Dependent visa till she meets the requirements for ILR on Set(O).

You becoming British does not change that.

CR001 has given you the correct advice.

The UKVI 'help line' is notorious for giving incorrect advice, even on the simplest of immigration issues and take no responsibility for doing so.
Call 10 times with a query and you're likely to be given 10 different answers.

[CR001]

I just called the UK Home Office helpline and this is what they told me.

"She can apply for a PBS Dependent extension. However, they will issue the visa with an expiry of 06/04/2018. This is because when the stopped issuing Tier 1 General visas they set 06/04/2018 as the latest anyone can go through the route of Tier 1 General to apply to settle in the UK. He said, you can apply for PBS Dependent but I would suggest applying to FLR(M) as you have to start the clock all over again anyway and moving to FLR(M) now will ensure you do that sooner rather than later"

Do you agree with that or do you think I should speak to someone else on the helpline to cross check that?

Thanks

What you have quoted is relevant ONLY to Tier 1 General MAIN visa holders.

[brmsunil]

@Casa - Thanks. They are indeed very confusing. I called them thrice and got 3 different answers so far.

@CROO1 - ok thanks a lot.

[Casa]

@Casa - Thanks. They are indeed very confusing. I called them thrice and got 3 different answers so far.

@CROO1 - ok thanks a lot.

I'm wouldn't waste your money on any more phone calls.

This is article is frequently posted on the forum as an example of the inefficiency:
https://www.freemovement.org.uk/immigra ... pectation/