Spouse of the ILR (LR) partner

[Umaraja]

Dear Admin,

I got my ILR (LR) last month, and my husband’s PBS dependant visa is expiring 2023. He’s eligible for ILR (LR) on his own right next year Dec 2019. We’ve been receiving multiple advice from solicitors regarding my husband’s visa status.
- The Home office visa enquiry is asking us to apply for FLR (M) ASAP as they say since I don’t have a sponsor now (I was on tier 4 when I applied for ILR).
- My solicitor says I don’t have to apply as his PBS dependant visa is valid until 2023 and will eligible for his own ILR (LR) next year as FLR (M) will reset his clock to 0.
- would there be a complication for his ILR (LR) if no Application is made this year for him?
- will we be allowed to travel abroad without any problem?
- and what’s a spouse visa? Am I allowed to consider that if I’m required to make an application for him?
Thanks in advance.

[Casa]

Dear Admin,

I got my ILR (LR) last month, and my husband’s PBS dependant visa is expiring 2023. He’s eligible for ILR (LR) on his own right next year Dec 2019. We’ve been receiving multiple advice from solicitors regarding my husband’s visa status.
- The Home office visa enquiry is asking us to apply for FLR (M) ASAP as they say since I don’t have a sponsor now (I was on tier 4 when I applied for ILR).
- My solicitor says I don’t have to apply as his PBS dependant visa is valid until 2023 and will eligible for his own ILR (LR) next year as FLR (M) will reset his clock to 0.
- would there be a complication for his ILR (LR) if no Application is made this year for him?
- will we be allowed to travel abroad without any problem?
- and what’s a spouse visa? Am I allowed to consider that if I’m required to make an application for him?
Thanks in advance.

As you were granted ILR under long residence, your husband can no longer be a PBS Dependent and should switch to a FLR(M) spouse visa. You've been correctly advised that this will re-set his immigration clock to zero, but as all legal residence will qualify for the 10 year long residence route, he would still be on track to apply for his own LR in Dec 2019.

He can remain on his current visa, but if travelling outside of the UK he may have a problem re-entering.
https://www.gov.uk/uk-family-visa/partner-spouse

[Umaraja]

Dear Casa,

Thank you so much for the response. Please can you tell me if remaining under PBS dependant will be considered as a legal residence? I’m just checking if this would stop him from getting his ILR (LR).

Thanks,
Uma

[Casa]

Please can you tell me if remaining under PBS dependant will be considered as a legal residence?

Yes it will.