ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Dependent ILR Scenario

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
Adnan2003
Newly Registered
Posts: 10
Joined: Sun Sep 08, 2013 6:15 pm

Dependent ILR Scenario

Post by Adnan2003 » Tue Sep 02, 2014 9:16 pm

Hi ,
can you please advise e regarding this scenario
I had PBS tier 2 and my wife came to UK as PBS dependent in Aug 2010.
I had been granted ILR on long residency of 10 yr this April 2014 and i had my wife switched to dependent settled person on FLRM.
My query is, " Could it be possible for y wife to get ILR on SET M to use her 2 yr qualifying period fro PBS dependent or not? Or there is any way that she can get ILR now in relation to above scenario?
Kind regards and thanks

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Dependent ILR Scenario

Post by Amber » Tue Sep 02, 2014 11:37 pm

Was she granted leave for 2 or 2.5 years? When did she apply for FLR(M)?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Adnan2003
Newly Registered
Posts: 10
Joined: Sun Sep 08, 2013 6:15 pm

Re: Dependent ILR Scenario

Post by Adnan2003 » Wed Sep 03, 2014 7:15 am

thank for reply,
she is granted leave for 2.5 years on FLRM applied on 09.7.2014.
valid till 9.01.2017
She was PBs dependent before this from Aug 2010.
Regards
Adnan

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Dependent ILR Scenario

Post by Amber » Wed Sep 03, 2014 9:21 pm

She's on a new 5 year route to settlement I'm afraid. When did she apply for FLR(M)?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Adnan2003
Newly Registered
Posts: 10
Joined: Sun Sep 08, 2013 6:15 pm

Re: Dependent ILR Scenario

Post by Adnan2003 » Wed Sep 03, 2014 11:43 pm

Amber wrote:Was she granted leave for 2 or 2.5 years? When did she apply for FLR(M)?
she applied for FLRM on 9/07/2014. as far as i know people who have been granted their first dependent visa before 9th July 2012 (under PBS dependent) and changed their status on FLRM after 6th April 2014, needs 2 year for ILR under transition rule, but i have been told that some case has managed to get their ILR even after this. I am pretty sure that she does not need 5 years. it is 2 years but i was thinking whether she can use her 2 year time from her PBS dependet time to for ILR now or not.
thanks

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Dependent ILR Scenario

Post by Amber » Thu Sep 04, 2014 12:07 am

No, the rule changed on 6 April 2014. She'll have to extend after 2.5 years and then settle in 5 years I'm afraid.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Adnan2003
Newly Registered
Posts: 10
Joined: Sun Sep 08, 2013 6:15 pm

Re: Dependent ILR Scenario

Post by Adnan2003 » Thu Sep 04, 2014 12:28 am

Amber wrote:No, the rule changed on 6 April 2014. She'll have to extend after 2.5 years and then settle in 5 years I'm afraid.
yeah i understand that rule has changed, the people who has granted their dependent visa first time after 9th july 2012 has to wait for 5 years for settlement and those who have been granted thier first dependent visa before before 9th july 2012 has to wait for 2 years. Before 6th april 2014 people who have already got dependent visa either of PBS were able to amulgamate their 2 year qualifying time after main applicant long residency ILR by going to FLRM and SETM by paying 2 fees together which is not possible now apparently and thye have to wait for 2 years that was actually my query
thanks for your answers anyway.

Amber
Moderator
Posts: 17504
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Dependent ILR Scenario

Post by Amber » Thu Sep 04, 2014 6:58 am

Your spouse must wait 5 years, whether you like it or not I'm afraid. You do not understand the rules, it's immaterial when the PBS dep was granted leave as a PBS dep. All PBS deps who switch to FLR(M) after 6 April 2014, are on a new 5 year route to settlement under Appendix FM.

Leave for 2.5 years means it was given under Appendix FM, not part 8 of the rules.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Locked