urgent help about dependent visa

[zhenfu]

Dear Immigration boards,

My wife had a PBS dependent visa 4 years with me (because I was Tie 1 general before), and I have just extended her visa as spouse visa of settlement (because I am now unlimited leave to remain). Home office gave her another 2.5 years. Would she be able to apply for the settlement in one year time? 4 years PBS dependent+1 year spouse visa. They are essentially the same documents required.

Many thanks for your help.
Dan

[vinny]

Unfortunately, her spouse leave reset her qualifying period for SET(M).

[vinny]

However, if you were granted ILR under the PBS route, then it may be possible for her to switch back to PBS dependant partner in the UK under 319C and subsequently apply for SET(O) under 319E quicker.

[zhenfu]

thanks Vinny, that means this switching just cancelled out all of her PBS dependent record? is there any chance we could change the type or withdraw this visa. I chose a wrong scheme? would be possible to find a solicitor to get around with it?
btw, do you know if the long resident route (10 years without gap) will be still there until year 2020?
many thanks for the help.

Unfortunately, her spouse leave reset her qualifying period for SET(M).

[zhenfu]

sorry just saw your this reply. but the Home Office says they can't cancel the spouse visa they have already granted to her. Yes, I was granted the settlement through Tie 1 general, the PBS. so I still have a chance to cancel the spouse visa but switch to PBS dependent? (by reapply or anything)

many thanks

However, if you were granted ILR under the PBS route, then it may be possible for her to switch back to PBS dependant partner in the UK under 319C and subsequently apply for SET(O) under 319E quicker.

[vinny]

If you were grated ILR under PBS, then she could have continued on as, or switch to, a PBS partner.

[zhenfu]

this looks promising, I will try to switch, as there is no document saying I can't switch from spouse visa to PBS dependent? thanks!

If you were grated ILR under PBS, then she could have continued on as, or switch to, a PBS partner.

[vinny]

I think it's possible.

[zhenfu]

Do you have a solicitor to recommend?

I think it's possible.

[vinny]

See also Any good law firm recommendation?