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Dependent switch from Tier 2 general to PBS dependent

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pnb
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Joined: Thu Jun 25, 2015 9:19 am

Dependent switch from Tier 2 general to PBS dependent

Post by pnb » Sat Aug 20, 2016 10:19 am

Hi ,
My wife was in PBS dependent visa came to uk, at the time i was in Tier 1 general visa.
Now she switched to Tier 2 general visa when she was in india and came back to uk.
Now i am a citizen,If she wants to switch back to PBS dependent does she need to leave uk?

noajthan
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Posts: 14911
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Location: UK

Re: Dependent switch from Tier 2 general to PBS dependent

Post by noajthan » Sat Aug 20, 2016 10:45 am

pnb wrote:Hi ,
My wife was in PBS dependent visa came to uk, at the time i was in Tier 1 general visa.
Now she switched to Tier 2 general visa when she was in india and came back to uk.
Now i am a citizen,If she wants to switch back to PBS dependent does she need to leave uk?
My understanding is no, no need to leave UK.

See para 32:
https://www.gov.uk/government/uploads/s ... _11-15.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Dependent switch from Tier 2 general to PBS dependent

Post by Casa » Sat Aug 20, 2016 11:05 am

Also, I believe that as you are settled with BC and no longer under a PBS visa, if your wife wants to switch that can only be done by applying for a FLR(M) spouse settlement visa. Her immigration clock will be re-set to zero, putting her on a 5 year route to ILR (2.5 + 2.5 years) and she will also have to pay the NHS surcharge in addition to the visa fee. (Unless she qualifies earlier under long residence).

Edit: You may find this thread helpful;
http://www.immigrationboards.com/immigr ... 55862.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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