PBS Depenednt -> Partner/Settled (FLR M) -> ILR

[abisek]

Dear all,

I received my ILR in Oct 2015 ( 5 year Tier 2 GEN route).

My wife arrive in UK in July 2013 as my Tier 2 (ICT) dependent and switched to Tier 2 (General) dependent in Sep-2014. In Aug 2016, she switched to partner of settled person visa using FLR (m) form.

Does she qualify for ILR after July 2018 under 5-year PBS partner route or she require to complete 5 years on FLR(m)?

Many thanks,
Abhishek

[Casa]

Dear all,

I received my ILR in Oct 2015 ( 5 year Tier 2 GEN route).

My wife arrive in UK in July 2013 as my Tier 2 (ICT) dependent and switched to Tier 2 (General) dependent in Sep-2014. In Aug 2016, she switched to partner of settled person visa using FLR (m) form.

Does she qualify for ILR after July 2018 under 5-year PBS partner route or she require to complete 5 years on FLR(m)?

Many thanks,
Abhishek

Switching to fLR(M) re-set your wife's immigration clock to zero. She now needs to completed 5 years (2.5 x 2.5) under her spouse visa (2026), or 10 years long residence combining all legal time spent in the UK (2023).

[CR001]

Dear all,

I received my ILR in Oct 2015 ( 5 year Tier 2 GEN route).

My wife arrive in UK in July 2013 as my Tier 2 (ICT) dependent and switched to Tier 2 (General) dependent in Sep-2014. In Aug 2016, she switched to partner of settled person visa using FLR (m) form.

Does she qualify for ILR after July 2018 under 5-year PBS partner route or she require to complete 5 years on FLR(m)?

Many thanks,
Abhishek

Switching to fLR(M) re-set your wife's immigration clock to zero. She now needs to completed 5 years (2.5 x 2.5) under her spouse visa (2026), or 10 years long residence combining all legal time spent in the UK (2023).

Do you mean 2021 and not 2026, for ILR after 5 years flr m??

[abisek]

Thank you both for your response.

Do you have any link which specifically mentions that counter will reset if someone switched from PBS dependent to Spouse/partner visa?

From Set(M) guidance notes, I get impression that my wife could be eligible for ILR under Part8 of the Immigration rule.

See below quote from Set(M) guidance note -

https://assets.publishing.service.gov.u ... 8-2017.pdf

[quote]2. Qualifying For Indefinite Leave to Remain
To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in paragraph 287 or 295G of Part 8 of the Immigration Rules, or in Section R-ILRP (partner) or Section R-ILRPT (parent) of Appendix FM to the Immigration Rules, which are on GOV.UK.
SET(M) Guidance Notes version 08/2017 - page 2
One of the requirements is that you have completed 24 months (under Part 8) or 60 months (under Appendix FM) with leave to enter or remain as a partner or parent. That period runs from the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from the date on which you were first granted leave to remain in the UK in the relevant category.[/quote]

Kind Regards,
Abhishek

[Casa]

Dear all,

I received my ILR in Oct 2015 ( 5 year Tier 2 GEN route).

My wife arrive in UK in July 2013 as my Tier 2 (ICT) dependent and switched to Tier 2 (General) dependent in Sep-2014. In Aug 2016, she switched to partner of settled person visa using FLR (m) form.

Does she qualify for ILR after July 2018 under 5-year PBS partner route or she require to complete 5 years on FLR(m)?

Many thanks,
Abhishek

Switching to fLR(M) re-set your wife's immigration clock to zero. She now needs to completed 5 years (2.5 x 2.5) under her spouse visa (2026), or 10 years long residence combining all legal time spent in the UK (2023).

Do you mean 2021 and not 2026, for ILR after 5 years flr m??

Thanks Char. Well spotted!

[Casa]

Thank you both for your response.

Do you have any link which specifically mentions that counter will reset if someone switched from PBS dependent to Spouse/partner visa?

From Set(M) guidance notes, I get impression that my wife could be eligible for ILR under Part8 of the Immigration rule.

See below quote from Set(M) guidance note -

https://assets.publishing.service.gov.u ... 8-2017.pdf

2. Qualifying For Indefinite Leave to Remain
To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in paragraph 287 or 295G of Part 8 of the Immigration Rules, or in Section R-ILRP (partner) or Section R-ILRPT (parent) of Appendix FM to the Immigration Rules, which are on GOV.UK.
SET(M) Guidance Notes version 08/2017 - page 2
One of the requirements is that you have completed 24 months (under Part or 60 months (under Appendix FM) with leave to enter or remain as a partner or parent. That period runs from the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from the date on which you were first granted leave to remain in the UK in the relevant category.

Kind Regards,
Abhishek

"Family members of PBS migrants granted ILR or British citizenship
This page explains how to consider applications from family members of pointsbased
system (PBS) migrants where the PBS migrant has indefinite leave to remain (ILR) or British citizenship.
If the PBS migrant holds ILR, this must be as a PBS migrant, and not for example under the long residence rules.
If the PBS migrant is a British citizen, they must have previously held ILR as a PBS migrant."

AND
"If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their leave or gain settlement as a PBS dependant and must switch into the partner of a settled person category and apply for limited leave. For more information see Appendix FM guidance."

Your spouse doesn't qualify for ILR under SET(M) as she has been on the PBS dependent route to settlement, not under FLR(M) as a spouse.

https://assets.publishing.service.gov.u ... .0-EXT.PDF

[vinny]

E-ILRP.1.3(1) implies that leave as a PBS dependant doesn't count for SET(M).

[abisek1]

Thank you very much vinny for your reply. You are right SET(M) is not the right application.
However, Can I not use SET (O) as my wife was essentially a PBS Dependent?
Guidance notes for SET(O) states, To qualify under this rules - Part 8 bereaved partner, PBS dependant is applicable.

Now when I look into - www.gov.uk/guidance/immigration-rules
for part 8 for requirements to qualify as PBS Dependent, My condition actually meets with all these requirements if I interpret 319E(c)(i) as my wife was last granted leave to remain as my spouse and I was a PBS migrant who subsequently received ILR?

319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

[CR001]

She is no longer a PBS dependent as she switched to FLR M in 2016, changing visa categories and resetting her clock for ILR to zero and new 5 year route to ILR on Set M.

You cannot combine pbs dependent time with flr m time to make up 5 years for ILR.

[vinny]

Unless she switched back to PBS dependant?