PBS Dependent while main applicant switching to ILR

[souryin]

Hi

I am on a Tier 2 general visa at the moment which is due to expire in Dec 2018. My wife is on PBS Dependent visa which is due to expire at the same time as me.

I am eligible to apply for ILR now and hoping to submit the application in a matter of days.


My questions are

1. does my wife have to apply for change of her visa status at the same time as me?
2. if she does have to change at the same time, even though her current visa is valid till Dec, what category does she have to apply in PBS dependent extension or FLR(M)?


Thanks in advance for your help. I am very confused about this and cannot seem to find a right answer anywhere.

[vinny]

See also PBS Dependants not eligible for ILR at the same time as you?

[souryin]

Hi

Thanks a million for the information.

Given,

If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319E). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

my wife does not have to apply with me now and can wait till before the expiry of her current visa to apply for extension?

[vinny]

Yes, if you are applying for ILR under the PBS route.

[souryin]

Thanks again for the information. This is extremely useful. Cheers!