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ILR for main applicant. Which visa for post July'12 dep ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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jimmy83
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Posts: 22
Joined: Mon Apr 09, 2012 3:22 pm

ILR for main applicant. Which visa for post July'12 dep ?

Post by jimmy83 » Sat Apr 05, 2014 10:16 am

I am currently on Tier (1) General and my wife is my dependant. She got her visa post July 2012 (so she will need to complete 5 years here before she can apply for ILR).
Our visa expires in June, I am planning to make PEO application for my ILR but what application will I make for my wife ? I have seen several forums where people argue about FLR and PBS dependant extension. Can I book her for PEO PBS dependant extension on same day as my ILR appointment ? If yes, what kind of form would you recommend and what documents shall I arrange for my dependant ? Are there any "English Requirement" or "Life in the UK Test" requirements for PBS dependant ?
Any one with similar experience? could you please share your views.

Many Thanks

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for main applicant. Which visa for post July'12 dep

Post by vinny » Sat Apr 05, 2014 12:34 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jimmy83
Newly Registered
Posts: 22
Joined: Mon Apr 09, 2012 3:22 pm

Re: ILR for main applicant. Which visa for post July'12 dep

Post by jimmy83 » Sat Apr 05, 2014 1:47 pm

Hi Vinny, Thanks for your reply.
Looking at above link, condition 1b applies to me(If the PBS dependant's current leave will expire before he/she completes the qualifying period) which means my wife can apply for extension of her Dependant leave via PBS but question is: I (main applicant) won’t be on PBS when she applies for visa - I will be on ILR, so will she still get extension on PBS ?

Also: can I do any one of these ?

a) Can we book 2 PEO appointments for same day but different applications (ILR for me and PBS Ext for my dependant) ? Can we both go to same caseworker ?

b)If I go for PEO and get ILR sorted and then arrange another PEO on different day for my wife’s PBS extension.

vinny
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Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for main applicant. Which visa for post July'12 dep

Post by vinny » Sat Apr 05, 2014 2:03 pm

They intend that PBS dependants continue to apply for leave to remain as PBS dependants (if they do not qualify for ILR) after the PBS holder is granted ILR under the PBS system.

Yes to both a) and b), I think.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jimmy83
Newly Registered
Posts: 22
Joined: Mon Apr 09, 2012 3:22 pm

Re: ILR for main applicant. Which visa for post July'12 dep

Post by jimmy83 » Sat Apr 05, 2014 3:08 pm

Thanks Vinny.
I hope there are no english language and LITUK test requirements for PBS dependants !!!!

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