Tier 1 (G) -> ILR Dependent Doctor

[rfd]

Hi,

Firstly let me apologize if the this seems like a repeat post. I have been scouring through the forums for hours but have not been able to find the answer to my particular query. Hence posting a question.

I am on T1 (G) visa with a dependent wife. My wife is a doctor and currently has restriction on her visa which does not permit her to work as a Doctor in Training.

Our visa expires on 18 Dec 2015, by this date my wife will have spent little over two years in UK. I know that since she has not spent five year in the country she is not eligible to apply for ILR and will have to extends her stay as PBS Dependent.

The problem with that is 'the restriction from working as a Trainee Doctor' will be reinstated, which we would very much like to avoid.

I have read some contradicting statements about FLR(M) on the forums. Some people are suggesting that person in her situation can apply for FLR(M) other are saying that she will not be eligible for FLR(M) since she presently is a PBS Dependent.

I will be grateful if someone can please advice how can i move forward with this. Most important thing for us is to get rid of the restriction against working as Trainee Doctor.

Thanks in advance.

RFD

[vinny]

She cannot switch to FLR(M) before you are applying for (and granted) ILR.

[rfd]

Hi Vinni,

Many thanks for your reply it is much appreciated. Thanks for sharing the links.

What if I apply only for my ILR first and don't mention her at all in my application. Once i am granted ILR we apply for her FLR(M) say a week later from my application date ( i will be applying via peo), is that possible?

Thanks in advance

RFD

[iworker]

have you actually thou ght about enquiring that once you have the ILR, and you extend your wife PBS dependent, maybe she will not get the doctor in training restriction. This is only my thinking and may have to confirm. Logically speaking she should not have any restriction since she is partner of ILR main applicant?

[rfd]

@iworker thanks for your reply.

My understanding is that your current restrictions are transferred to your extension visa. Are you aware of any case or post discussing this issue? or any case where restrictions were removed in extension?

Thanks in advance

[iworker]

I am not aware of any such case at the moment. However, i will ask around more.
My point is, since the FLR(M) dependent of ILR does not have any restriction on her visa, since she is dependent of ILR and on-route to settlement, similarly, when ILR depndent on PBS applies for extension of her PBS visa, she should not have any restriction.

However, the only reason i can think of why the restrictions will still be applicable is, unlike FLR(M) for which you have to give a english test while PBS dependents dont need the english.

As i said before, i may well be completely wrong.

[vinny]

A PBS dependant partner will be subject to 319D.

[rfd]

iworker/ vinny many thanks four your reply.

@iworker rather than going down the PBS dep route i will prefer switching my wife to FLR(M), however I have read on forum that this is not allowed anymore and she can only apply as a PBS dep, even though I will have ILR.

Are you aware of any such restriction?

Thanks

RFD