PBS Dependent ILR

[bobr]

Hi

I am quite new to this, and wondering i can get advice on my wife's visa.

Basically I was on Tier(1) General Visa Extension and managed to get ILR under the Long residence(10 year) route on last Dec 2017. My wife is on PBS-Dependent visa and wondering whether she can apply for ILR at the end of her Visa as i am aware this route to the ILR will be closing on this April 2018. Her Tier-1 dependent VIsa timelines as below.

PBS Dependent :- Issued date:- 04/06/2013
Expiary Date:- 04/06/2015

PBS Dependent (Extension) :- Issued date:- 19/05/2015
Expiary Date:- 18/05/2018


Any quick reply would be much appreciated as I am thinking of what to do, should I get her on FLR now or wait the Tier-1 route to expire on this April, and try her on SET(O), which would be risky.

otherwise FLR need her to be staying few more years before she can apply for ILR (this route is releatiively expensive).


Thanks In advance.

[CR001]

Basically I was on Tier(1) General Visa Extension and managed to get ILR under the Long residence(10 year) route on last Dec 2017. My wife is on PBS-Dependent visa and wondering whether she can apply for ILR at the end of her Visa as i am aware this route to the ILR will be closing on this April 2018.

It does not close for Tier 1 dependents, ONLY for Tier 1 G main visa holders. That aside, she doesn't qualify for ILR on the PBS Dependent route if you got ILR visa long residency.

Any quick reply would be much appreciated as I am thinking of what to do, should I get her on FLR now or wait the Tier-1 route to expire on this April, and try her on SET(O), which would be risky.

She doesn't qualify and cannot apply for ILR based on Set(O). The rules changed in April 2014.

immigration-for-family-members/dependan ... 43881.html

otherwise FLR need her to be staying few more years before she can apply for ILR (this route is releatiively expensive).

She needs to switch to FLR(M) and meet all the requirements. This will be a NEW 5 year residence (2 x 2.5 year visas) before she will qualify for ILR on form Set(M).

[bobr]

Thanks for the expedite reply.

So if she is applying through FLR(M) she doesn't need to wait for her PBR dependent visa to expire to apply for FLR, right? she can do this at any moment.

Just to add bit more, she actually came to UK as Post-Study Visa dependent on 26/06/2010, so she has been UK for 7 years and 6 months as of today. Is that mean, if she get 2.5 year extension through FLR(M), she can then apply for ILR through the Long residence route in future(if this law not changes)?

I feel bit unfair as she has been as dependent long enough, and should get ILR, however I get it, and that is how the system works under current rules.

Do you think is there any other alternative route to get her on the ILR sooner.

Thanks

[CR001]

So if she is applying through FLR(M) she doesn't need to wait for her PBR dependent visa to expire to apply for FLR, right? she can do this at any moment.

Correct.

Just to add bit more, she actually came to UK as Post-Study Visa dependent on 26/06/2010, so she has been UK for 7 years and 6 months as of today. Is that mean, if she get 2.5 year extension through FLR(M), she can then apply for ILR through the Long residence route in future(if this law not changes)?

Depending on what date she entered the UK, you should plan the FLR(M) switch to avoid a shortfall.

I feel bit unfair as she has been as dependent long enough, and should get ILR, however I get it, and that is how the system works under current rules.

Unfortunately, the rules changed in April 2014 regarding this. Prior to that, she would have been able to apply for ILR as a PBS dependent.

Do you think is there any other alternative route to get her on the ILR sooner.

No, there is no shortcut or quicker route. If you had got ILR as a PBS migrant, she would have qualified as a PBS Dependent.

[bobr]

Thanks.

Can also advice on the English Language requirement, I guess it is A1, right?

[CR001]

A1 should do but she could do B1 as well which will be valid for ILR.

[bobr]

Thanks, apologies so many questions.

I have got two children age 1 and 5 who were born here, and I am planning to apply to British citizenship for them soon as I have got ILR now.

Can my wife get ILR once they have got British Citizenship? is there any alternative route as current FLR(M) route needs 5 continuous years, literally resetting her time being in UK (7.5 years atm) to zero if I understood correctly?

Thanks

[vinny]

Is that mean, if she get 2.5 year extension through FLR(M), she can then apply for ILR through the Long residence route in future(if this law not changes)?

Yes.

[CR001]

Can my wife get ILR once they have got British Citizenship?

No.

is there any alternative route as current FLR(M) route needs 5 continuous years, literally resetting her time being in UK (7.5 years atm) to zero if I understood correctly?

She can still apply for ILR based on LONG RESIDENCE. FLR(M) only resets to zero for ILR based on 5 years residence.

[bobr]

Hi

Thanks a lot for the advise, and I will definitely come back to you if I need more advise.

Thanks for both Vinny's and CR001's time.


Kind Regards

[bobr]

Hi I have got One more question.
When my wife applying for FLR(M) ,does she has to pay for IHS charges.
Thank you.

[vinny]

Yes.

[bobr]

Hi
Please advice.
I am going to apply for my wife's visa FLR (M) in April as her current visa going to expire in May.Her passport expires in September 2018.Do i need to renew her passport before applying for the visa.

And also cold you please confirm what evidence need to be provided with FLR (M) application.

Thank you.

[bobr]

As I have got two boys in age 1 and 4, I am thinking of applying them Citizenship as I have got the ILR now.

Can you please confirm what application should i use? the boys were born in UK before I was getting the ILR.


Many Thanks

[bobr]

Hi
Please advice.
I am going to apply for my wife's visa FLR (M) in April as her current visa going to expire in May.Her passport expires in September 2018.Do i need to renew her passport before applying for the visa.Does it need six months validity before applying her visa.

And also cold you please confirm what evidence need to be provided with FLR (M) application.

As I have got two boys in age 1 and 4, I am thinking of applying them Citizenship as I have got the ILR now.

Can you please confirm what application should i use? the boys were born in UK before I was getting the ILR.


Thank you.

[bobr]

Hi
Please advice.
I am going to apply for my wife's visa FLR (M) in April as her current visa going to expire in May.Her passport expires in September 2018.Do i need to renew her passport before applying for the visa.Does it need six months validity before applying her visa.
Thank you

[CR001]

Do i need to renew her passport before applying for the visa.

No.

Does it need six months validity before applying her visa.

No.

[bobr]

Thank you so much for your reply.

As I have got two boys in age 1 and 4, I am thinking of applying them Citizenship as I have got the ILR now.

Can you please confirm what application should i use? the boys were born in UK before I was getting the ILR.


Thank you.

[CR001]

Form MN1, under Section 1(3) of the Nationality Act.

Citizenship questions should be asked in the British Citizenship Sub Forum please, link below.

british-citizenship/

[bobr]

Thank you so much.I will post the questions regarding the citizenship in the separate forum. Thanks for the link.
And also cold you please confirm what evidence need to be provided with FLR (M) application.

Kind Regards

[CR001]

Page 63 or 64 onwards of the FLR(M) form tells you what is required and what HO expects to see.

[bobr]

Thank you so much.we really appreciate your service.

[bobr]

My wife in UK is planning to apply for her visa through FLR(M) Application, her immigration history is as below

Tier 1 post study partner :-
Issued date:- 17/06/2010
Expiary Date:- 21/12/2011

PBS Dependent :- Issued date:- 04/06/2013
Expiary Date:- 04/06/2015

PBS Dependent (Extension) :- Issued date:- 19/05/2015
Expiary Date:- 18/05/2018

I guess she need to show the Financial requirements(Section 7A in the Application)?

Does she also need to show maintenance(Section 7B)?

because, it is mentioned that she needs to fill in Maintenance part of the application, if she was granted leave to enter or remain as a partner under the Part 8 of the Immigration Rules following an application submitted before 9 July 2012.

Now does this mean the last application, then it is after 2012, or does she is considered as a partner as she was actually PBS dependent?

Thanks.

[CR001]

No, she does not need to complete the Maintenance section. Only the financial income section.

[bobr]

Thank you CR001 for your reply .
None of our children are applying as dependent children with my wife's application as we will apply citizenship for them.
Do we have to mention their details in the application under dependent children though they don't apply with my wife.
Thank you.