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FLR(M) or PBS dependent visa for my Spouse

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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54321
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Joined: Fri Jan 06, 2017 4:34 pm

FLR(M) or PBS dependent visa for my Spouse

Post by 54321 » Fri Jan 06, 2017 5:04 pm

Hi Bilal786, I guess this is the perfect avenue to ask my query. I am going to jump in the same boat which you have sailed through. My fiancee is a Dentist abroad and we are currently considering her career opportunities in the UK post our wedding in June 2017.

Following are some quick details of my case:
I (Main applicant): Tier 2 General until Dec.2017 will be extended further for 3 years. I will have my ILR by Dec. 2019
Our plan is that she joins me in June 2017 as Tier 2 dependent and then again extend it in Dec 2017. She will then appear for her ORE (dentist equivalent of PLAB). The hurdle here though, that I guess you would have also faced, is that she cannot go on a vocational training as a Tier 2 dependent. So the first question is: From your experience, is there any way around Tier 2 dependent restriction that she can go for vocational training ? (In case she clears ORE before I get ILR in Dec.2019)

2) Secondly, if there is no alternative to this I guess we wait till I get my ILR. Once I get my ILR we apply for her FLR(M) but when I see the gov. link for this visa (https://www.gov.uk/remain-in-uk-family/exceptions) I see the following exception:
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

This confuses me whether even after I get my ILR (i.e. Dec 2019), if she"ll be eligible for FLR(M) and thus no restriction to work in the Vocational Training?
If you could please share some of your experience, that will be great. Many thanks!

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CR001
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Re: FLR(M) or PBS dependent visa for my Spouse

Post by CR001 » Fri Jan 06, 2017 5:16 pm

54321 wrote:Hi Bilal786, I guess this is the perfect avenue to ask my query. I am going to jump in the same boat which you have sailed through. My fiancee is a Dentist abroad and we are currently considering her career opportunities in the UK post our wedding in June 2017.

Following are some quick details of my case:
I (Main applicant): Tier 2 General until Dec.2017 will be extended further for 3 years. I will have my ILR by Dec. 2019
Our plan is that she joins me in June 2017 as Tier 2 dependent and then again extend it in Dec 2017. She will then appear for her ORE (dentist equivalent of PLAB). The hurdle here though, that I guess you would have also faced, is that she cannot go on a vocational training as a Tier 2 dependent. So the first question is: From your experience, is there any way around Tier 2 dependent restriction that she can go for vocational training ? (In case she clears ORE before I get ILR in Dec.2019) No, there is no way around this restriction and her PBS dep visa will very clearly be printed stated that the restriction is in place.

2) Secondly, if there is no alternative to this I guess we wait till I get my ILR. Once I get my ILR we apply for her FLR(M) but when I see the gov. link for this visa (https://www.gov.uk/remain-in-uk-family/exceptions) I see the following exception:
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

This confuses me whether even after I get my ILR (i.e. Dec 2019), if she"ll be eligible for FLR(M) and thus no restriction to work in the Vocational Training? She can switch if she wishes to. Switching however will reset her clock towards ILR and she will have to spend 5 years on FLR(M) before she can apply for ILR.
If you could please share some of your experience, that will be great. Many thanks!
I have split your post to its own topic as it is unfair to other members if you tag onto their posts (especially one from 2015 as you did) and it creates confusion when members respond.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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