PBS dependent status after ILR (LR)

[Jakim]

Dear gurus,

I am a new member of this board and appreciate your advice on many different issues.

The summary of my story is that,
I have a spouse who is in PBS dependent visa currently(in her BRP, it is valid from 2017 to 2020). I had a Tier 2 visa until 2018, so she is dependent on me. In August 2018, I received ILR through 10 year long-residence.

In the forums I read, my spouse needs to change her visa to flr (m). But as it is now after I received ILR in August 2018 (although her BRP indicates it is valid until 2020), my questions are:

1. Can she apply flr (m) now?
2. Is this period (from August 2018 to now) considered as an overstay beyond her leave to reamin in the visa application?
3. What is the best route for her to stay in the UK?

I really appreciate your help. Thank you so much.

Ja

[zimba]

1. Can she apply flr (m) now?

Yes, she should

2. Is this period (from August 2018 to now) considered as an overstay beyond her leave to reamin in the visa application?

No

3. What is the best route for her to stay in the UK?

FLR(M) as advised, this route has financial and English language requirements. Her ILR clock will also reset to zero

[Jakim]

Thank you very much, Zimba. This is a great help and I really appreciate it.
We will apply for her flr (m) right away.

It seems to me a little grey area where I cannot fully understand. Based on my readings in the forum and your explanation, my understanding is that a PBS dependent still keeps the leave to remain part (as long as they remain in the UK and don’t go out until their visa expiration date), but loses the leave to enter and visa extension part, after her hudsband receives ILR (LR) based on long residency.

Do you think my understanding is correct?

Thank you very much. I really appreciate your help.
Ja

[zimba]

The dependant cannot get ILR under PBS route as the rules of PBS do NOT allow a dependant to be granted ILR unless either the main applicant was previously granted ILR under PBS or will be granted ILR at the same time with the dependant under PBS.

Also as you are being granted ILR under long residence route and not following the PBS route, your dependant's then cannot technically remain in the UK as a PBS dependant as there is no main applicant anymore (with either a valid PBS visa or an ILR granted via PBS route).
It is true that the dependant's visa will not be invalidated at that point but UKVI can curtail the visa at their own discretion (or even worse refuse entry at the UK border) The expectation is that the dependant must switch their visa to be on the correct immigration path.

[Casa]

In addition to Zimba's advice, better to switch to FLR(M) sooner rather than later in order to start the new 5 year path to ILR.

[Jakim]

Dear both,

They are excellent helps. Thank you both very much.
Now I got the clear picture. I will apply for her flr (m) right away.

Thank you very much for your help!

Ja