ILR (Long Residence) - What about my dependants - HELP!

[hussain123456]

Hi Everyone,
Firstly, this forum is a great source of high quality and referenced information which is extremely hard to find anywhere else. I must say UKBA or Home Office whatever the entity is called these days do not make it easy to ask them for help or advice for obvious reasons ofcourse (they would be flooded with requests).

To get to my point. I really need some guidance form everyone here and I hope there are others in my situation who can benefit from this dialogue.

I was granted ILR (Long Residence) route in June 2018. Before which I was on a Tier 2 sponsored visa until July 2019. My PBS dependant (wife) has the same. Since I was granted ILR (LR) I have not yet extended her visa, "T2 PBS dependant valid until July 2019". My questions:

1. I am leaving my current employment, during which I was granted Tier 2 general and applied and gained my ILR (LR). If I leave, does my partners Tier 2 (PBS) dependant visa get effected? Do I need to switch her visa now?... Reading on this forum (other threads) and looking at 319C, my conclusion is her leave will not be curtailed. Please advice if you agree/disagree.
2. If I do have to switch her visa, what category should it be under?... SET (O)? how quickly should that be done.
3. Finally, Is ILR (LR) considered under the PBS? If my dependant switched from T2 PBS dependant to a ILR (LR) based dependant category, will that restart her counter towards ILR (5 years) or will it continue as she is still staying a dependant?

Please help. I am leaving my job by end of next week and would appreciate a quick response. Thank you

[CR001]

1. I am leaving my current employment, during which I was granted Tier 2 general and applied and gained my ILR (LR). If I leave, does my partners Tier 2 (PBS) dependant visa get effected? Do I need to switch her visa now?... Reading on this forum (other threads) and looking at 319C, my conclusion is her leave will not be curtailed. Please advice if you

agree/disagree.
Your employment is irrelevant to your dependents visa. Her visa is dependent on YOU not your Tier 2 sponsor.

2. If I do have to switch her visa, what category should it be under?... SET (O)? how quickly should that be done.

She doesn't and won't qualify for ILR based on Set(O).

3. Finally, Is ILR (LR) considered under the PBS? If my dependant switched from T2 PBS dependant to a ILR (LR) based dependant category, will that restart her counter towards ILR (5 years) or will it continue as she is still staying a dependant?

No, your ILR LR is NOT a PBS route visa. She has not no other option but to switch to FLR(M) and a new 5 year (2 x 2.5 year visas) route to ILR. She cannot use her time as PBS Dependent to make up 5 years for ILR.

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave and here.

[hussain123456]

1. I am leaving my current employment, during which I was granted Tier 2 general and applied and gained my ILR (LR). If I leave, does my partners Tier 2 (PBS) dependant visa get effected? Do I need to switch her visa now?... Reading on this forum (other threads) and looking at 319C, my conclusion is her leave will not be curtailed. Please advice if you

agree/disagree.
Your employment is irrelevant to your dependents visa. Her visa is dependent on YOU not your Tier 2 sponsor.

Thanks for Clarifying.

2. If I do have to switch her visa, what category should it be under?... SET (O)? how quickly should that be done.

She doesn't and won't qualify for ILR based on Set(O).

OK.

3. Finally, Is ILR (LR) considered under the PBS? If my dependant switched from T2 PBS dependant to a ILR (LR) based dependant category, will that restart her counter towards ILR (5 years) or will it continue as she is still staying a dependant?

No, your ILR LR is NOT a PBS route visa. She has not no other option but to switch to FLR(M) and a new 5 year (2 x 2.5 year visas) route to ILR. She cannot use her time as PBS Dependent to make up 5 years for ILR.

SIgh. I was hoping that wouldnt be the answer. Good thing I didnt rush into a SET(O) application which I had completed online and was a few doucments away from submitting. WIll look into FLR(M) application now.

One more question. Will the FLR (M) have any work restrictions on it? She is a Doctor by profession about to start her Speciality training which she cannot do on T2-D (PBS) as it has doctor and dentist in training restriction.
Thanks for the response Vinny.

[CR001]

FLR(M) has no work restrictions.

[hussain123456]

Thank you.
Another Q please.

What is the difference between spouse Visa and FLR (M).
I spoke to an immgiration lawyer who is suggesting spouse visa as the appropriate category.
Thanks
H

[CR001]

It is the same thing. FLR M is a spouse visa.

I would be very wary of getting advice from an "immigration lawyer" who did not even know this!!!

[vinny]

Technically, a "visa" is a type of entry clearance and applicants apply for it outside the UK. "FLR" refers to "Further Leave to Remain". Unsurprisingly, applicants normally apply for it from inside the UK, to remain in the UK.

A spouse visa and FLR(M) usually refer to applications by a spouse of a British or settled person who is applying under Appendix FM.

[hussain123456]

It is the same thing. FLR M is a spouse visa.

I would be very wary of getting advice from an "immigration lawyer" who did not even know this!!!

HAHA! I didnt mean to imply that they did not know. I just felt the advice being given was restricted. It felt loaded - use our services and we can talk more kind of a thing.

That makes discussion and avice on this forum even more valuable. Once again, you have my gratitude for providing helpful advice.

Thanks