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Dependant visa extension - PBS or FLRM

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oxymoron
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Dependant visa extension - PBS or FLRM

Post by oxymoron » Wed May 11, 2016 12:01 pm

Hi,

My current situation: I obtained Tier 1 (General) in June 2011 (it was a postal application) via the PBS route, extended it in March 2013 and finally obtained ILR (via 5 year route ) in May 2016. My wife is currently on a PBS dependant visa - valid from 09 June 2014 to 03 June 2016.
I want to query whether my wife can now switch from PBS dependant to FLRM since I have obtained ILR or would I need to keep extending her PBS dependant visa.

I have seen many posts stating that it is possible to switch to FLRM, however I am not certain whether any new rules have been introduced in April 2016 to prevent us from performing the switch (including this FLRM guidance note - You must not use this form to make an application for an extension of stay in the following categories:
As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant. See our website for further details: UK Visas and Immigration - GOV.UK
)

Hence it would be most helpful if someone could clarify whether my wife can switch from PBS dependent to FLRM - much appreciated.

Cheers

vinny
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Re: Dependant visa extension - PBS or FLRM

Post by vinny » Wed May 11, 2016 12:43 pm

There's no new prohibition in E-LTRP.2.1 nor E-LTRP.2.2. But time spent as a PBS dependant cannot be counted for SET(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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oxymoron
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Re: Dependant visa extension - PBS or FLRM

Post by oxymoron » Wed May 11, 2016 1:16 pm

Many thanks for the swift reply, Vinny.

oxymoron
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Re:

Post by oxymoron » Wed May 11, 2016 4:04 pm

Hi Vinny, I am just weighing the pros & cons for extending PBS dependant versus FLRM for my wife:

PBS dependant visa:
Obtained: 09-June-2014
Valid until: 03-June-2016

Suppose I extend via PBS dependant (say some date between 25-May-2106 & 03-June-2016). Will the case worker provide extension until 09-June-2016 (which is more than 3 years) so that my wife can then apply for ILR.
Or would they give PBS extension only until 3 years from date of application ie from 25-May-2016 to 25-May-2019. In this case she will be short by around 15 days for her ILR. Would this imply that I need to apply for another PBS extension to cover 5 years.

Could you comment please.

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CR001
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Re: Dependant visa extension - PBS or FLRM

Post by CR001 » Wed May 11, 2016 4:08 pm

If you apply for PBS Extension closer to her current visa expiry date, then she should be fine. Also bear in mind that she can apply for ILR within 28 days of reaching 5 years.
Char (CR001 not Casa)
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vinny
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Re: Dependant visa extension - PBS or FLRM

Post by vinny » Thu May 12, 2016 12:52 am

3 years under 319D(a) may be granted from the date of the decision.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

oxymoron
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Re: Dependant visa extension - PBS or FLRM

Post by oxymoron » Thu May 12, 2016 5:05 am

Many thanks for the clarifications CR001 & Vinny.
Re PBS extension v FLRM - I had also called the UKVI helpline & received conflicting information. (1) One person said PBS extension is a riskier option as it may be closed in 2018 for dependants. along with the PBS ILR for main applicants.
(2) Another person mentioned since now I have ILR, then FLRM is the only route possible for my wife's extension.
I couldn't find any documentation on the UKVI site to confirm (1). But still apprehensive of what UKVI might introduce for PBS dependants in 2018.
And I'm pretty certain (from reading all the forum posts) that my wife can
extend either via PBS dependant or FLRM. Though PBS extension is dearer by c. £1000 per application. So kind of in a dilemma about which visa to go for.

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