Tier 1 dep-Which LR type:PBS or FLR(M)??-Urgent!!!

[niceguy2042]

Hello Vinny/Amber,

I need your help to take a decision.

I am opening a new thread since i have very limited time to take a decision on this.

My wife is going to complete lawful 5 years of residency on 15th Jun 2014 and applying for ILR by 21st May.

Since me & my children moved as her Tier 1 dep in Aug 2012 (post 9th Jul 2012-new rule) , we are not eligible for apply for ILR along with my wife.

Please respond for my questions

1.Which is the best option to choose? PBS dependant or FLR (M) -I meet all requirements for both categories
2.If i go with PBS route, i am going to complete 5 yrs in Jun'17 and there is a shortfall of 2 months to complete 5 yrs probationary period.What should i do? I hope this cap onTier 1 extensions from 6th Apr'15 is not going to impact dependants. please advice
3.If i go with FLR(M) route i will get 2.5 yrs LR and then again i can go for another extension. If i move to this route, whether the probationary period clock will reset again? (I already spent 1 yr 10 months as PBS dep)
4. Couple of solicitors confirmed that my children get ILR along with my wife and home office are not keen to refuse kids settlement if their mother is a main applicant.Can i a take a chance here?
5. Immigration policy 319J,e ii) says,

"The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing"
What sort of evidences home office expects to proove this? (My wife is paying all child care/day care for our children and has record for the past 3 years)

Much appreciate your quick response.

Many Thanks in advance

[Amber]

PBS dep extension, children should settle when both parents settle.

[niceguy2042]

Thanks Amber.

It means we 3 dependants should go via PBS depedants route .So we need to get one more extension in June'2017 after 3 years to fill the 2 months gap..am i right?

In my previous thread you was saying about postal application and vary? Please can you throw some light on how to 'vary' an application?

So if we go with FLR(M) route, then probationary clock will reset again? Is there any section of immigration policy clearly stats this?

Much appreciate your response.

many thanks

[Amber]

Yes the clock will be reset as the rules don't allow amalgamation of the times. If you make a postal application then when you are eligible for ILR you can send in the settlement application, pay the fee difference and very your extension application to settlement. That should cover those two months.

[niceguy2042]

Thanks Amber..

So eventually all 3 of us(PBS Dependants)are 100 % eligible for settlement but only issue is the decision getting postponed for another 3 years. Am i correct?

Coming back to postal applications for PBS dependants, if we apply via post just 1 day before our current visa expiry date (ie 14th June) then there could be possibility of getting 2-4 weeks extra in the extension. Then if we go for another extension via postal in 2017 there could be bright chance for varying application category to settlement and we can save money for one extension. Please clarify

Many thanks

[Amber]

Yes, just make sure you apply by the expiry of the leave, if sending by post send via recorded/special delivery and get a receipt.

[niceguy2042]

Hi Amber..

Thanks a ton for all your clarifications. This forum really helped me a lot to understand the policies.

Keep the good work ..

Thanks & best regards....