Switched from Tier2 to ILR LR- Spouse's PBS Dep still valid?

[krish_101]

Hi guys,

I hope someone can help.

I was on a Tier 2 (General) visa which expires in 2017. My wife has only been in the UK for over a year and similarly her visa expires in 2017.

Last week after being eligible for settlement on the basis of 10 years long residence, I applied and received my ILR.

Question is:
My wife's visa which was issued when I was on the Tier 2 (General), is it still valid?
Can she still travel in and out of UK before it expires?

When I rang the UK Visas and Immigration they seem confused themselves. some said her visa is still valid as it is on a PBS. while others said once I switch category than her visa is no longer valid.

Can anyone help and share their experience.

Kind regards,

Krish

[CR001]

Your wife's visa is technically no longer valid as you applied for ILR through 10 years long residence and not Tier 2 G route.

Very risky for her to travel and she risks being refused entry on returning.

She will need to switch to FLR(M), meeting all the requirements and this will start a new 5 year route to ILR (2 x 2.5 year FLR(M) visas) before she will qualify for ILR on form Set(M). She will also have to pay the £500 immigration health surcharge for each FLR(M) application.

See the link below. The rules for PBS dependents changed in April 2014 if their sponsoring spouse obtained ILR based on long residence.

http://www.immigrationboards.com/immigr ... 43881.html