What category does my dependant shift to after I obtain ILR

[del27]

Hello Fellow Members,

My very first post, so apologies if I break any rules or if this has already been asked before.

I have looked at several responses to similar questions, but they are either full of acronyms or not fully answering my question.

I am currently on: Tier 2
I qualify for ILR in: December 2017

My spouse is on : Tier 2 (Dependant)
She has been in the UK for about 6 months.

So question:
1. Am I right in understanding that she WONT qualify for ILR?
2. If so, what Visa category does she need to apply for?
3. Is that application made in conjunction with mine?
4. Does she need to give the Life in the UK test now?

Genuinely appreciate your help on this, I've used this forum several times in the past and have found it incredibly helpful.

Many Thanks again,
D27

[zimba]

1. Am I right in understanding that she WONT qualify for ILR?

Correct

2. If so, what Visa category does she need to apply for?

She remains and extends as a PBS dependant until eligible for ILR

3. Is that application made in conjunction with mine?

Not necessarily, unless her visa is about to expire

4. Does she need to give the Life in the UK test now?

No. She needs that only for ILR

[del27]

Hey,

Thank you so much for the prompt response.

Quick follow up question.

2. If so, what Visa category does she need to apply for?
She remains and extends as a PBS dependant until eligible for ILR

But her Tier 2 Dependants visa is connected to mine and come March 18, I wont be a Tier 2 migrant. - So wont that invalidate her visa?

Is it a case of new application, where we extend her tier 2 dependants visa, but quote my ILR as a source of dependance?

Thanks,
D27

[iworker]

its allowed under the rules that she can continue on her pbs dependent.
To complete her 5 years on pbs dependent, she must extend before her current leave expire as a pbs dependent, referring your ilr, for which she will get 3 years extension.

[zimba]

As I said, she remains a PBS dependant as you were a Tier 2 migrant even after you get ILR under PBS route.
She gets a 3 years dependant visa and will have to pay IHS.

Use: https://visas-immigration.service.gov.u ... nt-partner

[del27]

iworker and zimba88 thanks both for the quick response.

I get it now, thank you.

However, just a quick question.

Question for iworker

To complete her 5 years on pbs dependent, she must extend before her current leave expire as a pbs dependent, referring your ilr, for which she will get 3 years extension.

I take it that this means I have to apply for an extension again after 3 years, to push the clock to 5 years?

Zimba88

As I said, she remains a PBS dependant as you were a Tier 2 migrant even after you get ILR under PBS route.
She gets a 3 years dependant visa and will have to pay IHS.

ok, So we use this tier 1/5 application form and obtain a new BRP for her, by quoting my ILR application as dependance?

lastly, probably a daft question, but whats FML - i dont actually understand that and its difference to just staying on Tier 2 dependants, other than the fact that she will have her clock reset.

If that is the case, then given that my wife has only been on this visa for 6 months, would it benfit to just shift to this FML category and will that be for a full 5 years?

Thanks Guys!

D27

[zimba]

I take it that this means I have to apply for an extension again after 3 years, to push the clock to 5 years?

Yes

ok, So we use this tier 1/5 application form and obtain a new BRP for her, by quoting my ILR application as dependance?

Yes

lastly, probably a daft question, but whats FML - i dont actually understand that and its difference to just staying on Tier 2 dependants, other than the fact that she will have her clock reset. If that is the case, then given that my wife has only been on this visa for 6 months, would it benfit to just shift to this FML category and will that be for a full 5 years?

FLR(M) or further leave to remain as family member. This is a visa for family members of individuals who have a settled status (ILR or British citizenship.)
Your dependant also loses the 6 months of her stay under PBS towards ILR if she switches to FLR(M) and she has to stay on it for 5 years before eligible for ILR. FLR(M) also has an income requirement of at least £18,600 as well as English requirement at A2 level for your partner. It only grants you 2.5 years visa every time you apply.
As you are applying for ILR under a PBS route, your dependants avoid the FLR(M) and instead remain on the PBS route until ILR, avoiding the requirements and saving 6 months towards ILR

[CR001]

You use the online tier 2 partner application form and not tier 1/5 application.

[del27]

Zimba88, you're a legend. Thank you so much.

Final question, wont disturb again!

ok, So we use this tier 1/5 application form and obtain a new BRP for her, by quoting my ILR application as dependance?

Yes

Do I do this together with my ILR application or soon after!

Whats the recommended approach?

The reason i ask if that she is away for a few weeks in feb next year, so I would have to wait for her to come back from India and then start applying for my ILR, even if i went with the Postal route, I am given to understand that it can take up to 6 months. - So just wondering if this is something I can do together with my ILR or will just have to wait?

Thanks Again, you've been very helpful!

Kind Regards,
D

[zimba]

I suggest to wait. Then apply together at a PSC.

[CR001]

You use the online tier 2 partner application form and not tier 1/5 application.

You seem to have missed my post. You will get a refusal if you use the wrong form (tier 1/5). You must apply online using tier 2 partner form.

[del27]

Hi All,

CR001 Thanks for the headsup.

Zimba88

I suggest to wait. Then apply together at a PSC.

Ok, what does PSC mean?

Thanks again.

Kind Regards,
D27

[zimba]

Premium service centres (PSC) were previously called public enquiry offices (PEOs).