Page 1 of 1

PBS dependent ILR of 10year ILR sponsor

Posted: Wed Oct 23, 2019 9:08 pm
by ml81
Hello,
I have been in the UK since August 16th 2010 on a Tier 2 ICT visa. The current visa i have expires on the 14th Sept 2020. I intend to apply for the 10 year ILR next year.
Additionally, i have a spouse who is on a PBS dependant visa, entered on the 21st Jan 2016.
My questions are:
1) How soon can my spouse apply for ILR? I read on a website that a PBS dependent of a Tier 2 visa will be able to apply in 5 years. Would that mean my spouse could apply on 21st Jan 2021 (as they entered on 21st Jan 2016)?
2) I understand my spouse will have to change their visa to a 'Spouse of a person settled in the UK' one. Given they also have a visa expiring on the 14th Sept 2020. Is this correct?
3) Give he has a full time job here and it will be difficult to unwind all of those arrangements, what options do we have if we go past the 14th Sept and I haven’t received my ILR, which he is dependent on. Could he get a temporary extension?
4) Lastly, if I do receive my ILR before Sept 14th and we are able to make an application for him in time, could he apply to switch from a PBS dependant to the Spouse of a person present and settled in the UK from within the UK itself (again, aiming to not disrupt his work situation)?

Thank you

Re: PBS dependent ILR of 10year ILR sponsor

Posted: Wed Oct 23, 2019 9:13 pm
by CR001
1. Your dependent cannot get ilr based on lbs dependent route if you get ilr based on long residence. They have to switch to FLR m and meet the English and financial requirements. The 5 year ilr clock will be reset to zero.

2. Correct,apply before their current visa expires. Note switching visas will reset their 5 year ilr clock. You cannot combine lbs dependent time and spouse visa under appendix FM time to make up 5 years for ilr.

3. He just apply for form before his visa expires. If your ilr fails, FLR m will also fail.

4. Yes.

Re: PBS dependent ILR of 10year ILR sponsor

Posted: Wed Oct 23, 2019 10:38 pm
by ml81
Thank you.. can I please check that the FLR M visa and the spouse of settled persons visa is the same thing? I’ve read both terms online and not sure about that

Re: PBS dependent ILR of 10year ILR sponsor

Posted: Thu Oct 24, 2019 6:16 am
by CR001
It's the same visa.