FLR (M) or PBS Dependant Form for Tier1 (General) Depedant

[khurramalvi]

Hi All,

I am applying for ILR in Oct 2013. My wife Tier 1 (General) dependant visa will expire before she complete qualifying period of 2 years. Here is my immigration history:

Category: Tier 1 (General)
Visa granted: 16-Oct-2008 valid till: 16-Oct-2011
First entered in UK: 3-Dec-2008
Visa Renewed: 23-Nov-2011 valid till: 23-Nov-2013

And my wife immigration history:

Category: Tier 1 (General) Dependant
Visa granted: 4-Jan-2012 valid till: 23-Nov-2013
First entered in UK: 2-Mar-2012

After reading Dependants of ILR (economic, 5 year route) applicants I concluded that she need to apply for PBS Dependant. Am I right?

If she switch to FLR (m) then her qualifying period will extend to 5 years?

Can we both book PEO appointment for the same day?

Please advice.

Many thanks

[Amber]

It would be PBS dep extension and the qualifying period is 2 years not 5.

[khurramalvi]

Thanks for confirming.

[CSREDDY25]

It would be PBS dep extension and the qualifying period is 2 years not 5.

If it is PBS extension, can she apply for ILR directly or does she again need to get FLR(M) before ILR? My scenario is somewhat similar although my wife falls in 5 years period( post 9th July 2012 rules)

[Amber]

If you qualify for ILR as a PBS applicant, your spouse would keep extending as a PBS applicant rather than switching to flr(m), if you were a long residence ILR applicant, then you would switch to flr(m).

[CSREDDY25]

Thanks alot Amber for the response.
PBS dependants once they are eligible for ILR, will they directly apply for ILR on SET(O) form?

[Amber]

Yes.

[arun.mpk]

Hi Amber,

Can we choose between FLR(M) and PBS dependent extension? I will get my ILR as Tier 1 General in May 2014 and my Wife came here as dependent in November 2013 so I would have to extend her stay once I get my ILR.

If yes, Can I apply apply for ILR first and then apply FLR(M) for my wife (Both via separate PEO appointments)?

Please help.

regards

Arun

[Amber]

Consider whether the new rules will affect you, perhaps wise to continue as a PBS dep, assuming you settle as a PBS applicant.