Can I apply for ILR on PBS dependent 5 years basis

[suhel78612]

Can I apply for ILR on 5 years tier 1 dependent basis

Dear Sir/Madam

I have entered UK in September 2013 on Tier 1 (PBS) dependent visa.

I have applied for tier 1 dependent extension in March 2016 on a premium service which was refused because my partner ILR(5 Years route) refused at Premium service.

I have applied with my partner for tier 1 (PBS) dependent before our leave to remain expired In April 2016 by post i.e. an in time application.

I have varied my application on 29 Nov 2016 from tier 1 (PBS) dependent on FLR (M). It is because my Partner has varied his application to Set(LR)on the 10 Years basis.

My Partner was granted ILR visa on the basis of 10 years on Nov 2017 Also, My Children were granted British citizenship this year.

My application was refused on 15 Nov 2017 on the basis that my IELTS was expired. However, I was given appeal right on the Human Right basis.

I have appealed against the decision on 30 Nov 2017.

Now, I am waiting for my appeal. My section 3c leave is valid during this time.

My question is Am I eligible for ILR in August this year on 5 years basis.

I would like to know that if I can apply for ILR on PBS Dependant 5 years route. On the basis on 2.5 years on Tier 1 dependent + 2.5 on Section 3C

Thanks

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[CR001]

No you cannot apply for ILR on PBS dependent route because your husband got ILR based on long residency and not PBS route. You will have to follow the appeal process.

[suhel78612]

My understanding is that under section 3C you have previous visa rules applicable. And i never had any other visa apert from tier 1 dependent. Do they still look at my Husband Visa in order to decide my case.

[CR001]

My understanding is that under section 3C you have previous visa rules applicable. And i never had any other visa apert from tier 1 dependent. Do they still look at my Husband Visa in order to decide my case.

Yes, you are still covered by Section 3C but you cannot apply for ILR based on PBS dependent route because your husband did NOT apply for ILR on the PBS route but on the 10 years long residence route.

You only have the option of FLR(M) due to the route he took for ILR so your best option is to wait for the appeal process.

The rules for PBS dependent of ILR Long residence applicants changed in April 2014.

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