Dependent PBS-Extension OR FLR(M) & Travel out of UK & back

[vishpb35]

Hi Moderators/Experts,

I have been religiously following this forum for a quite a while now and finally managed to take your help for my case now. I hope you will help. Thanks in advance!

Let me make an attempt to explain my current situation here;

• I am on Tier2 (ICT) since 2009 and eligible for my ILR in June/July 2014 this year. But Spouse is not eligible for ILR

• Got married in 2012 (post July) and spouse came to UK (post July 2012 rule changes) in Dec 2012.

• We then both applied for our extension in May 2013 and were granted PBS Tier 2 (ICT) further leave extension for 2 years

• So our current PBS (Tier2 (ICT) & Tier2 (ICT) dependent) visa expires in May 2015.

Now here are my queries:

1)Once I apply for ILR this june 2014, what will be my spouse current visa status and visa validity?

2a) Does my spouse need to change/apply for her visa to FLR(M) OR can she continue to stay on existing valid visa and then only apply with PBS Tier 2 dependent extension form before her leave expires in May 2015?

• 2b) I am aware that PBS extension is preferred than FLR(M) route as FLR(M) may reset ILR clock - Credits sushdmehta/Amber/vinny .. Please correct me if I am wrong or if rules have again changed or are going to change in April 2014.

3) After my ILR, we are planning a trip outside UK before spouse current visa expires in May 2015. So before she travels outside UK and in order to come back to UK later on, does she need to change/apply for new visa mentioned in point 2a/2b above?

4) Will her current dependent visa be still valid if she travels to India and then come back to UK after I get my ILR. Or would she need to change her visa to PBS dependent category and then only travel outside UK and come back after say a month or so?

I look forward to hear from you soon..Cheers ! and I hope that i can also contribute something on this forum with my experiences.

[vinny]

Continuing on existing leave should be okay.

***** CHANGES 6th April 2014 ***** They discourage PBS partners to switch to FLR(M).

[vishpb35]

Posted next message.. this is marked as edited/obsolete

[vishpb35]

Continuing on existing leave should be okay.

***** CHANGES 6th April 2014 ***** They discourage PBS partners to switch to FLR(M).

Thanks vinny, your reply confused me further now, {But i think PBS extension Point 2b seems better than FLR(M) - Agreed}
The "Changes 6th April " link that you posted is applicable to dependents who arrived before July 2012. my spouse came to UK post July 2012 changes. Can you also please reply on each points that I had requested. Also i have read both of these links before that you mentioned and could not evaluate my answers out of these.

Also expecting your expert advise to these points that i raised before:

Doubt 3) After my ILR, we are planning a trip outside UK before spouse current visa expires in May 2015. So before she travels outside UK and in order to come back to UK later on, does she need to change/apply for new visa mentioned in point 2a/2b above?

Doubt 4) Will her current dependent visa be still valid if she travels to India and then come back to UK after I get my ILR. Or would she need to change her visa to PBS dependent category and then only travel outside UK and come back after say a month or so?


Thank you.

[vinny]

For spouses who came post 9th July 2012, neither 284 nor 295D would be applicable anyway. It just means that switching to FLR(M) would be under the current rules and reset her qualifying period for SET(M).

319C and 319E allow a PBS partner to remain as a PBS partner after the PBS holder obtains ILR under Part 6A, so it should be okay to travel with leave as a PBS partner.

[vishpb35]

Now here are my queries:

1)Once I apply for ILR this june 2014, what will be my spouse current visa status and visa validity?
{Moderator Answer to Doubt 1: Spouse visa is valid until exisiting validity of May 2015}

2a) Does my spouse need to change/apply for her visa to FLR(M) OR can she continue to stay on existing valid visa and then only apply with PBS Tier 2 dependent extension form before her leave expires in May 2015?
{Moderator answer to Doubt 2: Continuing on existing leave should be okay.
***** CHANGES 6th April 2014 ***** They discourage PBS partners to switch to FLR(M). }

• 2b) I am aware that PBS extension is preferred than FLR(M) route as FLR(M) may reset ILR clock - Credits sushdmehta/Amber/vinny .. Please correct me if I am wrong or if rules have again changed or are going to change in April 2014.

Moderator answer to Doubt 2b: For spouses who came post 9th July 2012, neither 284 nor 295D would be applicable anyway. It just means that switching to FLR(M) would be under the current rules and reset her qualifying period for SET(M).

3) After my ILR, we are planning a trip outside UK before spouse current visa expires in May 2015. So before she travels outside UK and in order to come back to UK later on, does she need to change/apply for new visa mentioned in point 2a/2b above?

4) Will her current dependent visa be still valid if she travels to India and then come back to UK after I get my ILR. Or would she need to change her visa to PBS dependent category and then only travel outside UK and come back after say a month or so?

{Moderator answer to Doubt 3 and Doubt 4 : 319C and 319E allow a PBS partner to remain as a PBS partner after the PBS holder obtains ILR under Part 6A, so it should be okay to travel with leave as a PBS partner.}

[*******My Understanding : So my spouse can travel to India and come back to UK again many times after I get my ILR. She just need to renew her visa as PBS dependent before her current visa expires. It will be granted for further 3 years.********}

I have consolidated my understanding as per Vinny's responses in RED color above . Hope this helps other people as well. Hope Vinny agrees to all the above. Thanks Vinny. I will surely update this post again in case I have any doubts or something to share.

People, please see previous post messages by Vinni to browse links to documents/pages etc.