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PBS Dependant ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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kawshik84
Newbie
Posts: 46
Joined: Mon May 21, 2012 1:22 pm

PBS Dependant ILR

Post by kawshik84 » Tue May 02, 2017 2:30 am

Dear All,

I have read the FAQs and the immigration rules but was unable to answer my query definitively, hence asking this question here.

I am currently on Tier 2 General and have been on the following issued Tier 2 General Visas:
  • 30/07/2012- 14/09/2014 - Tier 2 General
  • 18/09/2014 - 28/09/2017 - Tier 2 General
  • 06/07/2015 - 30/07/2018 - Tier 2 General
1. Am I correct in assuming that I am eligible to apply for ILR on or after 02/07/2017?

Before moving to Tier 2 General, I was on a Student Visa and then a Tier 4 Visa.

My wife's case is slightly more difficult. She had the following visas:
  • 26/01/2009 - 30/04/2012 - Student Dependant
  • 19/03/2012 - 19/03/2014 - Tier 1 (PSW)
  • 14/02/2014 - 03/04/2017 - Tier 2 General
  • 16/03/2015 - 28/09/2017 - PBS Dependant
2. Does my wife need an ILR qualifying period of 2 years or 5 years?
3. If 2 years, can she apply for ILR at the same time as me? Also, what is the basis of your answer?
4. If 5 years, what application form should she use for an extension? Also, what is the basis of your answer?

Thank you very much for looking into this.

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: PBS Dependant ILR

Post by iworker » Tue May 02, 2017 9:33 am

she needs to extend her pbs dependent visa, using the pbs dependent form once u have received your ilr.
She needs 5 years as pbs dependent to qualify for ilr.

kawshik84
Newbie
Posts: 46
Joined: Mon May 21, 2012 1:22 pm

Re: PBS Dependant ILR

Post by kawshik84 » Tue May 02, 2017 10:13 am

Thanks for your reply. I had a very similar understanding.

Just to re-confirm as this is going to be a very expensive path for me:
  • I can apply on the data I specified, meaning from 5th of July 2017 onwards.
  • The initial dependent visa that my wife has doesn't count of influence this 5 years requirement?
Thanks for your quick turnaround.

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: PBS Dependant ILR

Post by iworker » Tue May 02, 2017 2:13 pm

I can apply on the data I specified, meaning from 5th of July 2017 onwards.

what does this mean?

The initial dependent visa that my wife has doesn't count of influence this 5 years requirement?

which initial dependent visa. student dependent or your tier 2 dependent?

kawshik84
Newbie
Posts: 46
Joined: Mon May 21, 2012 1:22 pm

Re: PBS Dependant ILR

Post by kawshik84 » Thu May 04, 2017 9:35 pm

iworker wrote:I can apply on the data I specified, meaning from 5th of July 2017 onwards.

what does this mean?

The initial dependent visa that my wife has doesn't count of influence this 5 years requirement?

which initial dependent visa. student dependent or your tier 2 dependent?


Sorry let me be more clear, I meant, given that my Tier 2 visa started on 01 August 2012, I am eligible to apply for an ILR from 03 July 2017. Is that correct?

Also my wife had a previous student dependent visa, I presume that doesn't play any part in this 5 year period that she has to spend as my dependent?

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: PBS Dependant ILR

Post by CR001 » Thu May 04, 2017 9:51 pm

kawshik84 wrote:Sorry let me be more clear, I meant, given that my Tier 2 visa started on 01 August 2012, I am eligible to apply for an ILR from 03 July 2017. Is that correct? Yes if that is WITHIN 28 days of meeting the residence requirement.
Also my wife had a previous student dependent visa, I presume that doesn't play any part in this 5 year period that she has to spend as my dependent?
She broke her qualifying time as a PBS Dependent if she applied for a visa in her own right, in red below as per your original post.
My wife's case is slightly more difficult. She had the following visas:
26/01/2009 - 30/04/2012 - Student Dependant
19/03/2012 - 19/03/2014 - Tier 1 (PSW)
14/02/2014 - 03/04/2017 - Tier 2 General

16/03/2015 - 28/09/2017 - PBS Dependant
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kawshik84
Newbie
Posts: 46
Joined: Mon May 21, 2012 1:22 pm

Re: PBS Dependant ILR

Post by kawshik84 » Thu May 04, 2017 10:40 pm

Thanks.

CR001 wrote:
kawshik84 wrote:Sorry let me be more clear, I meant, given that my Tier 2 visa started on 01 August 2012, I am eligible to apply for an ILR from 03 July 2017. Is that correct? Yes if that is WITHIN 28 days of meeting the residence requirement.
Also my wife had a previous student dependent visa, I presume that doesn't play any part in this 5 year period that she has to spend as my dependent?
She broke her qualifying time as a PBS Dependent if she applied for a visa in her own right, in red below as per your original post.
My wife's case is slightly more difficult. She had the following visas:
26/01/2009 - 30/04/2012 - Student Dependant
19/03/2012 - 19/03/2014 - Tier 1 (PSW)
14/02/2014 - 03/04/2017 - Tier 2 General

16/03/2015 - 28/09/2017 - PBS Dependant

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