ILR for PBS Dependant from Tier 2 - stay issue

[scdepilr]

Hello,

I have received my ILR recently from my Tier 2 General Visa. Now my wife still holds the PBS Dependant visa through my Tier 2 General as she will be eligible for ILR in Feb 2018. Her current Tier 2 PBS Dependant visa (as my Tier 2 Dependant) is valid till June 2018.

Can she still continue on her current visa till Jan 2018 (when she can apply within 28 days of her completion of 5 years as PBS Dependant) although I have changed to ILR or the time gets reset from my ILR date since it is a different visa from Tier 2 now?

Also, in Dec we will go outside the UK for 3 weeks. Will it be a problem for her since her PBS Dependant visa issue date and my ILR issue dates are different now? Can the Border AGency create problems on her entry ?

I tried to look into the Home Office rules but it seems quite a tricky situation

Thanks

[CR001]

Can she still continue on her current visa till Jan 2018 (when she can apply within 28 days of her completion of 5 years as PBS Dependant) although I have changed to ILR or the time gets reset from my ILR date since it is a different visa from Tier 2 now?

Yes she can stay on her current visa and apply for ILR when she qualifies. No need to change to another visa category.

Also, in Dec we will go outside the UK for 3 weeks. Will it be a problem for her since her PBS Dependant visa issue date and my ILR issue dates are different now? Can the Border AGency create problems on her entry ?

No issue, the rules allow her to stay on her current visa and travel. See link below for details.

immigration-for-family-members/dependan ... 14832.html

[scdepilr]

Hello,

Thanks for your reply.

Another question - I have looked into the SET (O) Form version 4/17. FOr Section 3 'Which Category' there is an option to tick 'Tier 2 Dependant' and not 'PBS Dependant'. So when I will apply do I need to tick this box even if my spouse is now not a Tier 2 Visa holder but ILR holder?
Or do I need to tick 'Others' and explain in the next page...but that seems a complicated explanation

Regards

[CR001]

Your spouse is the main applicant and you tick tier 2 dependent.

[scdepilr]

Hello,

Sorry again for posting more queries in parts...I am asking the questions as I am encountering those.

From the Set (O) form it seems that my children cannot be put as my dependant since they are dependants of my spouse's Tier 2 Visa and the SET (O) form has provision for one main applicant only.

In that case do my children need to apply INDIVIDUALLY as main applicants just like me? Or they can be somehow included in my application and my dependant now? I can show that I have the necessary funds in my bank account to support them.

Regards

[CR001]

From the Set (O) form it seems that my children cannot be put as my dependant since they are dependants of my spouse's Tier 2 Visa and the SET (O) form has provision for one main applicant only.

Your wife is the MAIN applicant, add children as dependents.

In that case do my children need to apply INDIVIDUALLY as main applicants just like me? Or they can be somehow included in my application and my dependant now?

No, they apply as dependents on the same form as your wife.