ILR QUALIFYING PERION FOR PBS DEPENDANT

[babaty2k02]

Hi guys.

I am asking this on behalf of a friend, please.

"My wife came to join me as a dependant of a student. After that she was a Pbs depandant (post study) for 2 yrs and also as a pbs dependant (Tier 1) for 3 years. I am due to apply for Tier 1 extension (for further 2 yrs) with my wife being my dependant.

Is she qualified for ILR at the moment or after the end of the tier 1 extension?

[Djsuccess]

Hi guys.

I am asking this on behalf of a friend, please.

"My wife came to join me as a dependant of a student. After that she was a Pbs depandant (post study) for 2 yrs and also as a pbs dependant (Tier 1) for 3 years. I am due to apply for Tier 1 extension (for further 2 yrs) with my wife being my dependant.

Is she qualified for ILR at the moment or after the end of the tier 1 extension?

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

Just to add that your Tier 4 and Tier 1 PSW will only count if you want to go for ILR Long residence (10-year route)

[CR001]

Importantly, a PBS dependent cannot apply for ILR based on 5 years residence alone without the main PBS visa holders applying at the same time or already holding ILR. The rules don't permit this.

[babaty2k02]

Hi guys.

I am asking this on behalf of a friend, please.

"My wife came to join me as a dependant of a student. After that she was a Pbs depandant (post study) for 2 yrs and also as a pbs dependant (Tier 1) for 3 years. I am due to apply for Tier 1 extension (for further 2 yrs) with my wife being my dependant.

Is she qualified for ILR at the moment or after the end of the tier 1 extension?

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

Just to add that your Tier 4 and Tier 1 PSW will only count if you want to go for ILR Long residence (10-year route)

Thanks a lot

[vinny]

Importantly, a PBS dependent cannot apply for ILR based on 5 years residence alone without the main PBS visa holders applying at the same time or already holding ILR. The rules don't permit this.

That’s correct under 319E(b).

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

I think that’s incorrect under 319E(d)(ii)(c).

[Djsuccess]

Importantly, a PBS dependent cannot apply for ILR based on 5 years residence alone without the main PBS visa holders applying at the same time or already holding ILR. The rules don't permit this.

That’s correct under 319E(b).

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

I think that’s incorrect under 319E(d)(ii)(c).

Hi @vinny,
Thanks for pointing my attention to the sub section. Does that mean that 319E (d)ii c overrides 319Eb? I am of the opinion that periods spent on Tier 4 or Tier 2 dependent visa wont count as part as the other categories referred to in 319E d ii c. I might be wrong.
we learn every day, So I will like to know if you think that the dependent can acquire ILR before the main visa holder as in the case of OP.

[CR001]

Importantly, a PBS dependent cannot apply for ILR based on 5 years residence alone without the main PBS visa holders applying at the same time or already holding ILR. The rules don't permit this.

That’s correct under 319E(b).

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

I think that’s incorrect under 319E(d)(ii)(c).

Hi @vinny,
Thanks for pointing my attention to the sub section. Does that mean that 319E (d)ii c overrides 319Eb? I am of the opinion that periods spent on Tier 4 or Tier 2 dependent visa wont count as part as the other categories referred to in 319E d ii c. I might be wrong.
we learn every day, So I will like to know if you think that the dependent can acquire ILR before the main visa holder as in the case of OP.

No they cannot, not based on 5 years PBS dependent, as I have already stated and vinny has confirmed with the rules.

[Djsuccess]

Importantly, a PBS dependent cannot apply for ILR based on 5 years residence alone without the main PBS visa holders applying at the same time or already holding ILR. The rules don't permit this.

That’s correct under 319E(b).

I believe that she will have to extend her Tier 1 dependent visa for another 2 years before qualifying for ILR. Just as Tier 4 and Tier 1 PSW do not count towards 5-year route for the main visa holder, I guess it will not count for the dependent as well. In fact, according to 319C to 319E, a PBS dependent is only qualified for ILR in the 5 -year route only if the dependent has held a relevant PBS. Tier 4 and Tier 1 PSW are not relevant PBS so you have to extend her visa and then apply for ILR when she has spent 5 years on Tier 1 dependent visa.

I think that’s incorrect under 319E(d)(ii)(c).

Hi @vinny,
Thanks for pointing my attention to the sub section. Does that mean that 319E (d)ii c overrides 319Eb? I am of the opinion that periods spent on Tier 4 or Tier 2 dependent visa wont count as part as the other categories referred to in 319E d ii c. I might be wrong.
we learn every day, So I will like to know if you think that the dependent can acquire ILR before the main visa holder as in the case of OP.

No they cannot, not based on 5 years PBS dependent, as I have already stated and vinny has confirmed with the rules.

Thanks