Main applicant switches to ILR-what happens to PBS dependant

[fiona25]

Hi,
I'm new to forum and have read few articles regarding such posts.However,My one is different as I did not enter UK as PBS dependant.
I entered UK in January 2015 as Tier 4 student and switched to Tier 2 PBS dependant visa on May 2017 and have been granted to stay till January 2020.1My partner is on Tier 2 general.He is going to apply for his ILR this September 2017 (using the 10 year route).

My question is -
-Will my PBS dependant visa become invalid after he is on ILR as my visa is linked to is TIER 2 general?
-Do I apply for another type of visa AT THE SAME TIME when he applies for his ILR ?
-I have already paid NHS surcharge for the application granted to me this May 2017,do I have to pay the surcharge again if I apply for a new visa around September-October 2017?
-Can I get the ILR myself if I am working on a PBS dependant visa or the ILR dependant visa for the next 5 years.
-(stupid question but still asking) Can the year spent on different tier visas count towards me living with my husband for 5 years and eventually having the ILR?

Would be really grateful if you would respond to my answers.Feel free to direct me to any immigration page where I can understand the concept properly.

Kind Regards
Fiona.

[iworker]

since your partner is going to ilr on 10 years, u have only one option
you do not have to apply at the same time as he applies for ilr
once he gets his ilr, u need to apply for FLR (M).
you will need to pay for visa fee and pay for IHS again.
you will get 2.5 years visa. After that u will need another extension of 2.5 yeas.
once u complete 5 years on flrm, u can apply for ilr.
u can not join the previous visa, except if you were planning to apply for ilr on 10 years.

[paradoxical]

Just to add, if your partner instead gets his ILR based on 5 years on Tier 2, then you can continue to extend your PBS dependant visa until you qualify for ILR (based on being his dependant on this visa for 5 years). The advantage in this case is that the counter for your would not be reset. If however, your partner obtains his ILR based on 10 year residency, then you have to follow the advice suggested by iworker (and the counter for living in the UK for 5 years as dependant resets!)

[iworker]

no use, as she only changed to tier 2 dependent in 2017.

[paradoxical]

no use, as she only changed to tier 2 dependent in 2017.

Unless cost matters to the OP. The PBS dependant fee is less than FLR(M).
For FLR(M), the OP will need to pay the visa fee twice + health surcharge again (~ 3,000)
If it was possible to continue with PBS dependant, then the OP will now only need to extend the visa once more in 2020 and the cost would be around ~1300 (assuming of course that the current rates were still valid).
quite a difference there..

[aidalauyc]

Hi there

The post above has been very useful. I am in a very similar situation. I am applying for ILR (10years route) in couple of months. I have my husband and 2 sons as my PBS dependant. So my dependants need to use Form FLR (M) to apply after I obtained my ILR. As you have kindly explained above that the dependants need to apply, then extend again to obtain ILR via 5 years route, does this also apply to my two sons who were born in UK? If thats the case, it will be so expensive in total...... Please kindly advise. Many thanks.

[vinny]

Children born in the UK may be entitled to register as British citizens directly after a parent is granted ILR.