Application together ILR visa and FLR (M) / PBS dependent

[CSREDDY25]

Probably.

Thanks Vinny.

[CSREDDY25]

Hi Vinny,

I got my ILR (via Tier-1 General 5 year route) last friday.
Now need to apply for extension for my wife and daughter. Their current visa is valid until 4th oct 2013. So not sufficient time for the English Language Test.

If my wife's degree is recognised on the UKBA PBS calculator and if it is giving 10 points for the same, it should suffice the English Language requirement for FLR(M) isn't it? Just PBS calculator worksheet printout and Original degree certificate will do ,isn't it? Could you please kindly advise.

Many Thanks Vinny.

Hi CSREDDY25 ,

I also got ILR (via Tier-1 General 5 year route) recently & planning to apply FLR (M) for my wife but I am getting different info form different people as switching to FLR (M) will reset ILR probationary period eventhough pbs dependent came before 9th July 2012(my wife first came on PBS dependent visa before 9th July 2012).

I read immigration rules 2 times but not 100% sure.

I sent a mail to UKBA & FOI regarding this so hopefully will get confirmation soon. Do you have any idea on this?

People are advising to extended PBS dependent visa (safe option) instead of FLR(M) but fee for PBS dependent is very high and my wife just needed another 6 months to get ILR so not willing to spend much money.

Regarding degree certificate I think better option is to drop a line to UKBA . I will do this today as my wife is also holding degree certificate which is recognised by PBS calcualtor & awarded 10 points but no where on the certificate mentioned medium of study is English.

-----------------------------------------------------------------------------------

Today I received the following reply from UKBApublicenquiries@ukba.gsi.gov.uk, for my recent query.I am posting my query and their response . I hope it will be helpful for the members who are in the same situation as mine.


Dear Mr XXXXXX.


Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

From the information you have provided please be advised that your dependants have the option of extending their current visas either through the FLR (M) or PBS dependant route as long they have all the documentary evidence to satisfy the requirements for the application.

Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR.

If your spouse has a bachelors degree recognised on UKBA points calculator and it gives 10 points under English Language, this could be used to satisfy the English Language requirement.


Yours sincerely,
XXXXXX XXXXXX
UK Visa & Immigration

From: CSREDDY25
Sent: 03 September 2013 23:36
To: Settlement Ops Policy Mailbox
Subject: Request for advise.

Dear Sir/Madam,


I hereby request you to kindly advise me with the following query,

I was recently granted ILR on SET(O) Form, via Tier-1 General 5 year route.

I am confused regarding which route to take for my wife and my daughter.

They have last entered the UK on 27th Sept 2012 (post 9th July 2012 rules) on Tier-1 Dependant Visas as my dependants. Their Current visas valid until 4th Oct 2013.

Options now:
1) PBS dependant extension route .
(OR)

2) FLR(M) route.( Does the ILR clock would be reset via this route?)

Is it my choice to chose either of the above options? Please advise.

Could you please also advise me on the English Language requirment:
My wife got a Bachelors degree recognised on UKBA points calculator and it gives 10 points. So according to the language requirement, would this suffice along with the original degree certificate?

Very much appreciate your time.
Looking forward for the response.

Thanks again.

Kind Regards

[vinny]

Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR.

I'm not sure what paragraphs of the Immigration rules they are relying on. There are no references to 319A-319K in E-ILRP.1.3. 287 is not applicable.

[CSREDDY25]

"Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR."

However, above response from UKBApublicenquiries@ukba.gsi.gov.uk regarding my query , didn't mention if the most recent part of the 5 year period has to be with leave as the Partner of the settled person or as a PBS dependant ,inorder to amalgamate the time spent .

Posts by senior members and moderators however suggest that according to E-ILRP rule, ILR clock may be reset..

[CSREDDY25]

Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR.

I'm not sure what paragraphs of the Immigration rules they are relying on. There are no references to 319A-319K in E-ILRP.1.3. 287 is not applicable.

Exactly Vinny. We don't get an accurate answer from UKBA.

I am very confused as which route I should chose. Although this is the choice I should make, there are few issues and few speculative doubts thats causing confusion.

In my case
a) if we take PBS route- my wife and daughter qualify for ILR in sept 2017. (as entered UK on tier 1 dependant visa in sept 2012)
b)if we take FLR(M) route and assuming ILR clock is reset, they will qualify for ILR in sept 2018 ( Oops..my wife first came to UK in 2005 and everytime been struck with the change of the rules)

Which route does anyone think will have least restrictions in the long term until they qualify for ILR? Its a very speculative question, but question of choosing the safe bet. Could you please give your opinion on this. Very much appreciate your advise.

[Amber]

Hi All

I am on Tier 1 general visa and will qualify for ILR on July 2014 and my current visa expires on Nov 2014.

My partner does not qualify for the ILR at the same time as me- Because she got the entry clearance visa after July 2012 (got PBS dependent visa until Nov 2014) and will not complete qualifying 5 year residential period.

I am aware my partner need to apply PBS dependent visa after my ILR and she will get three years extension.So she will get total 4.5 year PBS dependent visa (including entry clearance) and require another extension ( for 6 months only) in 2017 to qualify for the ILR.

Please advise on whether are there any opportunity to get 3.5 year PBS dependent visa in 2014 to avoid additional visa fee in 2017. (for only 6 month extension)

Please advise.

Many thanks in advance.

[CSREDDY25]

After going through the various application forms look like my mind has gone blank!!!
Could you please kindly advise if switching is allowed with in the UK from Tier-1 Dependant Visa to Partner of a settled person Visa on FLR(M) form.

I am applying for my wife and daughter .They are currently on Tier-1 dependant visa which is expiring soon and I have recently got ILR.

Appreciate your reply.

Many thanks

[vinny]

Hi All

I am on Tier 1 general visa and will qualify for ILR on July 2014 and my current visa expires on Nov 2014.

My partner does not qualify for the ILR at the same time as me- Because she got the entry clearance visa after July 2012 (got PBS dependent visa until Nov 2014) and will not complete qualifying 5 year residential period.

I am aware my partner need to apply PBS dependent visa after my ILR and she will get three years extension.So she will get total 4.5 year PBS dependent visa (including entry clearance) and require another extension ( for 6 months only) in 2017 to qualify for the ILR.

Please advise on whether are there any opportunity to get 3.5 year PBS dependent visa in 2014 to avoid additional visa fee in 2017. (for only 6 month extension)

Please advise.

Many thanks in advance.

Possible, if she makes a valid in-time application by post and they take a sufficiently long time in deciding her application.

[vinny]

After going through the various application forms look like my mind has gone blank!!!
Could you please kindly advise if switching is allowed with in the UK from Tier-1 Dependant Visa to Partner of a settled person Visa on FLR(M) form.

I am applying for my wife and daughter .They are currently on Tier-1 dependant visa which is expiring soon and I have recently got ILR.

Appreciate your reply.

Many thanks

Reread this thread.

[kiri132]

Thanks vinny.

Do we need to send the cover letter with application, explaining the situation?

Or HO will delay the application with the postal application only?

Please advise.

Thanks.

[CSREDDY25]

sorry double posting.

[CSREDDY25]

sorry double posting.

[CSREDDY25]

Hi Vinny,

I got my ILR (via Tier-1 General 5 year route) last friday.
Now need to apply for extension for my wife and daughter. Their current visa is valid until 4th oct 2013. So not sufficient time for the English Language Test.

If my wife's degree is recognised on the UKBA PBS calculator and if it is giving 10 points for the same, it should suffice the English Language requirement for FLR(M) isn't it? Just PBS calculator worksheet printout and Original degree certificate will do ,isn't it? Could you please kindly advise.

Many Thanks Vinny.

Hi CSREDDY25 ,

I also got ILR (via Tier-1 General 5 year route) recently & planning to apply FLR (M) for my wife but I am getting different info form different people as switching to FLR (M) will reset ILR probationary period eventhough pbs dependent came before 9th July 2012(my wife first came on PBS dependent visa before 9th July 2012).

I read immigration rules 2 times but not 100% sure.

I sent a mail to UKBA & FOI regarding this so hopefully will get confirmation soon. Do you have any idea on this?

People are advising to extended PBS dependent visa (safe option) instead of FLR(M) but fee for PBS dependent is very high and my wife just needed another 6 months to get ILR so not willing to spend much money.

Regarding degree certificate I think better option is to drop a line to UKBA . I will do this today as my wife is also holding degree certificate which is recognised by PBS calcualtor & awarded 10 points but no where on the certificate mentioned medium of study is English.

-----------------------------------------------------------------------------------

Today I received the following reply from UKBApublicenquiries@ukba.gsi.gov.uk, for my recent query.I am posting my query and their response . I hope it will be helpful for the members who are in the same situation as mine.


Dear Mr XXXXXX.


Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

From the information you have provided please be advised that your dependants have the option of extending their current visas either through the FLR (M) or PBS dependant route as long they have all the documentary evidence to satisfy the requirements for the application.

Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR.

If your spouse has a bachelors degree recognised on UKBA points calculator and it gives 10 points under English Language, this could be used to satisfy the English Language requirement.


Yours sincerely,
XXXXXX XXXXXX
UK Visa & Immigration

From: CSREDDY25
Sent: 03 September 2013 23:36
To: Settlement Ops Policy Mailbox
Subject: Request for advise.

Dear Sir/Madam,


I hereby request you to kindly advise me with the following query,

I was recently granted ILR on SET(O) Form, via Tier-1 General 5 year route.

I am confused regarding which route to take for my wife and my daughter.

They have last entered the UK on 27th Sept 2012 (post 9th July 2012 rules) on Tier-1 Dependant Visas as my dependants. Their Current visas valid until 4th Oct 2013.

Options now:
1) PBS dependant extension route .
(OR)

2) FLR(M) route.( Does the ILR clock would be reset via this route?)

Is it my choice to chose either of the above options? Please advise.

Could you please also advise me on the English Language requirment:
My wife got a Bachelors degree recognised on UKBA points calculator and it gives 10 points. So according to the language requirement, would this suffice along with the original degree certificate?

Very much appreciate your time.
Looking forward for the response.

Thanks again.

Kind Regards

Dear Mr XXXX,

Thank you very much for your reply. Very much appreciate it.

You have kindly mentioned in your email that "Those whose PBS dependant visas were granted after 9 July 2012 need to complete five years in the UK and can amalgamate their PBS leave together with any time spent under FLR(M) to make up the five years before applying for ILR."

Could you please kindly advise me if my wife has switched from PBS dependant to FLR(M) and then complete 5 years qualifying period with the most recent part of the 5 year period with leave as the Partner of the settled person, can she amalgamate her PBS dependant leave with most recent FLR(M) leave to satisfy 5 years qualifying period ?

Figures to make myself clear:

My wife entered the UK on PBS dependant leave on 27th sept 2012. If she now switches to FLR(M) in sept 2013 , can she be eligible to apply for ILR in septmeber 2017? (5 years qualifying period= 1 year on PBS dependant leave+ 4 years on FLR(M) leave ).

Thank you for your time.


Kind Regards



Mr XXX.

----------------------------------------------------------------------------------------------------------------------
Got the following reply from the same person:

IND Public Enquiries
3:28 PM (48 minutes ago)
to me


Dear Mr XXX.

Thank you for your email dated 4 September 2013.

I do apologise for the information contained in my previous email. if your wife was granted her dependant visa after 9 July 2012 she can only apply for an extension using the PBS dependant form for leave to make up her 5 years. She does not have the option of using the FLR (M).

The option of using the FLR (M) form and amalgamating time spent is for PBS dependants who obtained their PBS dependant leave before 9 July 2012 and qualify at the end of two years.

From the information you have provided, as your wife entered the UK on PBS dependant leave on 27th September 2012 , she can only extend as a PBS dependant using the PBS dependant form till she completes 5 years in this category to qualify for Indefinite Leave to Remain.

For more information please visit the Home Office website on http://www.ukba.homeoffice.gov.uk/visas ... you-apply/


Yours sincerely,

XXXX

UK Visa & Immigration
.

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Very confused with contrasting advise..although he corrected himself from the first email to 2nd:
Could you please kindly and urgently advise me .. if FLR(M) route is allowed for the Tier-1 dependants to switch within the country.( if we are prepared to accept that ILR clock will be reset)

We got appointment at Croydon PEO next Friday and we still haven't decided on the application -PBS dependant or FLR (M).

[vinny]

Ask him which rules prevents switching from PBS depdendant to FLR(M) after the main applicant is granted ILR?

[CSREDDY25]

I know seniors and moderators will be annoyed with my post..but am getting confused with the information from UKBA.
I really do appreciate your advise on this.

we would prefer FLR(M) route as there is a restriction of "no doctor or dentist in training" on tier-1 dependant visa and we prefers to have no restriction on my wife's visa.

[CSREDDY25]

Ask him which rules prevents switching from PBS depdendant to FLR(M) after the main applicant is granted ILR?

Thanks a lot Vinny for quick response.I did emailed him asking the same, but I doubt he will answer quickly and we got our appointment next Friday ..so is the cause for the concern.

[kiri132]

Vinny

Please advise on the query below regards to my previous post;

Do we need to send the cover letter with application, explaining the situation?

Or HO will delay the application with the postal application only?


Thanks.

[vinny]

There is no harm in writing a covering letter.
A PEO application probably won't help extending leave longer than specified in 319D.

[fannofler]

Hey- what happened wiht your application...did you apply PBS or FLR(M) for your dependents.

Ask him which rules prevents switching from PBS depdendant to FLR(M) after the main applicant is granted ILR?

Thanks a lot Vinny for quick response.I did emailed him asking the same, but I doubt he will answer quickly and we got our appointment next Friday ..so is the cause for the concern.

[ISingh2008]

Ask him which rules prevents switching from PBS depdendant to FLR(M) after the main applicant is granted ILR?

Thanks a lot Vinny for quick response.I did emailed him asking the same, but I doubt he will answer quickly and we got our appointment next Friday ..so is the cause for the concern.

Hi CSREDDY25,
Can you please share your experience?
Which route did yo take for your dependant??
PBS Dependant extension of FLR(M)??
Your advise would be helpful..

Thanks

[s0787671]

Hi,

I am a Tier 2 general visa and am eligible for ILR on or after 12 sep 2014. My wife has been in UK since 2009 as a student and then on tier1 post study visa. She recently converted to pbs dependent on jan 2013. So according to the rules she has to complete 5 years before ILR.

Now can I apply for ILR first and then use FLR m form for her visa will that make the process sooner for her and save money as well? Please advise

[ZI123]

I am on Tier 1 general visa and will qualify for ILR on 14th March 2014 as my current visa expires on 12th April 2014(28 Days).

My partner does not qualify for the ILR at the same time as me- Because she got the PBS dependent visa in July 2013 (until April 2014) and will not complete qualifying 5 year residential period.

1.Can she apply for FLR(M) once i get my ILR in March 2014?I know she can apply as PBS dependant but i prefer FLR(M) because;
a.she is a doctor and want to apply for Traning jobs in NHS.So once she get FLR(M) there will not be any work restrictions.

2.Can she apply for FLR(M) within UK or does she need to go back to home country?

I have consulted an immigration lawyer and they suggested she can apply for FLR(M) however one of my friend suggests she will be given PBS dependant visa not FLRM so i am confued now.


Please advise.

Thanks

[vinny]

2.Can she apply for FLR(M) within UK

Yes, if she meets all the requirements. Note that they have now changed the previous wording on their website, to make it clearer that it's the applicant's choice.

[ZI123]

Hi Vinny,
Thanks for your reply.Yes i did call UKBS today and they suggested if the current leave is more than 6 months then she can get FLR(M).I hope it will be fine as i am going to make PEO application once my ILR is done.

[arun.mpk]

hi CSREDDY25,

Please could you let me what did you end up doing? FLR(M) for your dependents or PBS extention?

Regards

Arun