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PBS dependent visa after switching to ILR?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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maa1
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PBS dependent visa after switching to ILR?

Post by maa1 » Mon Jan 02, 2017 9:26 am

hi all,
I came to the uk on may 2014 under PBS tier 2 dependent visa (visa issued on march 2014). my husband had his tier 2 visa started from december 2011. he completed his 5 years on december 2016 and now he has been granted ILR. however i am still on tier 2 dependent visa which is valid until december 2017.
My questions are:
1) is my visa valid until december 2017 or should i change my visa?
2) should i apply for FLR(m) because my husband switched to ilr?
3) can i travel on my current visa?
4) when am i going to qualify for ilr?
I have seen many topics in ILR dependent but most of them are based on 10 year route , please help me clarify my doubts.
Thanks

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Casa
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Re: PBS dependent visa after switching to ILR?

Post by Casa » Mon Jan 02, 2017 9:34 am

maa1 wrote:hi all,
I came to the uk on may 2014 under PBS tier 2 dependent visa (visa issued on march 2014). my husband had his tier 2 visa started from december 2011. he completed his 5 years on december 2016 and now he has been granted ILR. however i am still on tier 2 dependent visa which is valid until december 2017.
My questions are:
1) is my visa valid until december 2017 or should i change my visa?
2) should i apply for FLR(m) because my husband switched to ilr?
3) can i travel on my current visa?
4) when am i going to qualify for ilr?
I have seen many topics in ILR dependent but most of them are based on 10 year route , please help me clarify my doubts.
Thanks
1. You can continue on your current visa.
2. No need as your husband was granted ILR under the 5 year route. Switching to FLR(M) would re-set your immigration clock to zero.
3. Yes
4. After completing 5 years.
(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.

maa1
Newly Registered
Posts: 4
Joined: Mon Jan 02, 2017 8:13 am

Re: PBS dependent visa after switching to ILR?

Post by maa1 » Mon Jan 02, 2017 10:01 am

Thanks alot.
Just to reconfirm, my current dependent visa is going to expire in dec 2017. From what I gather, I should be able to renew/extend my tier 2 dependent visa even though my spouse won't be on tier 2 general any more (by dec 2017, I would only have an year and 4 months left towards my ilr).
If possible can you also please refer me to policy document/paragraph that corroborates this.
Thanks

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
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Re: PBS dependent visa after switching to ILR?

Post by Casa » Mon Jan 02, 2017 10:09 am

Yes.

5 years – for applicants granted leave as the partner of a PBS migrant under the
rules in place on or after 9 July 2012, who have since had continuous leave in that
category and, during that period, have met all the requirements of paragraph 319C
(a) to (e)
• be in a subsisting relationship with the PBS migrant at the time the application is made
(for more information, see related link: 2.0 - Genuine and subsisting relationship)
• intend to live together permanently with the PBS migrant as their spouse, civil partner,
unmarried or same sex partner (for more information, see related link: 1.0 - Partners)
• meet the knowledge of language and life in the UK requirements


Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a 5 year
probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British
citizenship before their partner has completed their 5 year probationary period, the partner
can still apply for further leave to remain as a PBS dependant rather than as the partner of a
settled person. If their application meets the requirements, leave to remain can be granted
for up to 3 years.
If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their
leave or gain settlement as a PBS dependant and must switch into the partner of a settled
person category and apply for limited leave


As our husband wasn't granted ILR under long residence there is no requirement to switch categories to FLR(M). :idea:

https://www.gov.uk/government/uploads/s ... ts-v11.pdf
(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.

maa1
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Posts: 4
Joined: Mon Jan 02, 2017 8:13 am

Re: PBS dependent visa after switching to ILR?

Post by maa1 » Mon Jan 02, 2017 10:48 am

thanks alot once again. you have been very helpful. :lol: :lol:

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
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Re: PBS dependent visa after switching to ILR?

Post by Casa » Mon Jan 02, 2017 10:50 am

maa1 wrote:thanks alot once again. you have been very helpful. :lol: :lol:
You're welcome. Have a great 2017 :)
(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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