PBS DEPENDANT VISA- PLZ HELP.

[lyf.rocks]

Hello everyone,

I'm in a very tricky situation. I came to UK in Nov 2014 as a Tier 1 Entrepreneur Dependent and my visa is due to expire on 7th April 2017. My husband who was on Tier 1 Entrepreneur switched to ILR in Feb 2016 on the basis of 10 yrs long residence. However, I'm in a fix now as to whether I can apply for PBS Dependant Extension or FLR (M).

I read in the PBS Dependent guidance on the Home Office website which I would like to quote here:

"You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules and you are:
- the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points
Based System; or
- [b]the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain; or[/b]
- the child of a person with indefinite leave to remain or British Citizenship who last held leave in
Tier 1, 2, or 5 of the Points Based System and:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012."

The second point here is making my confusion even more worse. Please everyone please help me as soon as possible as I hardly have 15 days before my current visa expires.

Thanks!

[vinny]

No. 319C(b ) fails, as your husband did not obtain ILR as a Relevant Points Based System Migrant, but under Long residence. Therefore, you cannot extend as a PBS dependant. But you may switch to FLR(M) under Appendix FM, as previously advised.

Please continue in previous topic.