Urgent help needed

[Anjali87]

Immigration..Urgent help needed!
I came to UK in March 2013 on Tier 1 General Dependent Visa, meanwhile my partner obtained ILR through 5 year continuous stay and now holds a British passport.
My Tier 1 visa was due to expire in Nov 2017 and I am left 5 month short for ILR application.
I made an application for extension via 5 year partner route FLR(M) and now have been granted leave to remain for 30 months. Am I still elligible to apply for ILR as I complete 5 years in UK in March 2018? I am now told that this has reset the 5 year clock, is that correct?
Can I now apply for Tier 1 PBS dependent extension visa as I still have my old biometric residence permit with tier one dependent leave till Nov 2017. Will home office accpet this? I am struggling to find clear references to above mentioned scenerio in Gov.uk website
Thanks in advance.

[iworker]

u cant for everything u have asked.
All u can do is wait for another 5 years from the date of start of flrm, in addition to applying for an flrm extension when u need extension.
There is no other way around.

[marcnath]

Unfortunately, as I set out in my separate post, this is an unfortunate case.

Your clock has been reset and you can't apply for your ILR in March 2018.

On paper, when your 2.5 years is up, you can apply for PBS dependant (it is not clear if you can do that now). And once you get your PBS dependant visa, you can apply for ILR immediately. So that will cut short your time from 5 years to 2.5 years.

Whether you can apply for PBS dependant now is not clear to me. Call up UKVI and ask them. It is quite possible that you can apply now and once you get your PBS dependant visa, you can apply for ILR in March 2018.

Good luck.

[Anjali87]

Thank you for your reply.

Tried calling UKVI but not very helpful, different people give different replies. Tired speaking to a solicitor who is saying to make an application for PBS dependent now and to send a letter along with the application explaining the circumstances and take the risk.

Another solicitor saying they will write to Home Office on my behalf explaining the situation and asking them to revoke my FLR(M) by explaining the error and once revoked then applying via PBS. This will be another costly affair I believe.

Not sure what else can be done!

[marcnath]

You have time until March 2018, so you can try different things.

You will not lose anything by trying. You FLR(M) will continue.

But you are going to have to spend more money, unfortunately.

Thank you for your reply.

Tried calling UKVI but not very helpful, different people give different replies. Tired speaking to a solicitor who is saying to make an application for PBS dependent now and to send a letter along with the application explaining the circumstances and take the risk.

This is worth trying. The only risk is that you will lose the money.

In the cover letter, you can ask them to consider this as a variation to your FLR(M) and you will save the money if they accept. But it is unlikely, as variation is only allowed before a decision is made.

Another solicitor saying they will write to Home Office on my behalf explaining the situation and asking them to revoke my FLR(M) by explaining the error and once revoked then applying via PBS. This will be another costly affair I believe.

Once the FLR(M) is revoked, you will be without a VIsa until the PBS dependant Visa is approved because your PBS dependant Visa is no longer valid - even if you still have the biometric permit. Your PBS dependant visa automatically ended when the FLR(M) was issued.

[Anjali87]

Thank you for a very clear explanation.

I believe that the only option left for me is to apply for a PBS DEPENDENT VISA and explain the error to home office and hope they consider a switch to PBS DEPENDENT from FLR(M).

However as you said my PBS dependent visa automatically ended when the FLR(M) was issued, If I now complete the PBS Visa Form will I need to enter details of my FLR(M) visa of should I still enter details of my PBS DEPENDENT VISA?

Many Thanks!
Anjali

[marcnath]

Thank you for a very clear explanation.

I believe that the only option left for me is to apply for a PBS DEPENDENT VISA and explain the error to home office and hope they consider a switch to PBS DEPENDENT from FLR(M).

However as you said my PBS dependent visa automatically ended when the FLR(M) was issued, If I now complete the PBS Visa Form will I need to enter details of my FLR(M) visa of should I still enter details of my PBS DEPENDENT VISA?

Many Thanks!
Anjali

Where they ask for current Visa details, it has to be your FLR(M) details

[Anjali87]

Thank You. I managed to speak with UKVI again and they advised that I cannot switch to PBS Dependent now, as the FLR(M) has been granted I will have to complete 5 years via this route to qualify for ILR.

Even if I applied for PBS now or 2.5 years later and they approved I will not have 5 years continuity as PBS Dependent and would not have been able to apply for ILR via that route also!

Hopefully this post will help others and no one will make this costly and stressful mistake ever again!

[marcnath]

Thank You. I managed to speak with UKVI again and they advised that I cannot switch to PBS Dependent now, as the FLR(M) has been granted I will have to complete 5 years via this route to qualify for ILR.

Even if I applied for PBS now or 2.5 years later and they approved I will not have 5 years continuity as PBS Dependent and would not have been able to apply for ILR via that route also!

Hopefully this post will help others and no one will make this costly and stressful mistake ever again!

That appears to be wrong.

Section 319E of the immigration rules state that (I am just copying relevant sections that you satsify):
Requirements:
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant;
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant;
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

So, according to my interpretation of Section 319E(d)(ii) - you should have been in a relationship for the entire 5 years, most recent part of that 5 years has to be as a PBS dependant and for the remaining, you should have a leave as a dependant of the same person. I believe you satisfy all those requirements above.

The last one is a little ambiguous as it says "...under another category of these Rules" - which you don't strictly meet because your spouse has always been under the same category. But it is a legal nuancve whether "other" as used here includes the same category. Check with an immigration solicitor.

Or, of course, you can just wait 5 years - I assume there is no big advantage getting an ILR earlier.