FLR (M) or PBS Dependent Extension?

[yhdil]

Dear Members,

Please help me out in the following situation.

I have recently obtained my ILR 10 Years basis. I have UK born 1 Year son of whom I have made MN1 Application.

My wife is PBS Dependent (Tier 1 Entrepreneur). Her visa application was made and granted post July 2012 rule and she joined me in Sep 2012.

Today, I went to an Immigration advisor as I had prepared my Mrs FLR(M) application and decided to get it checked in case if there is any mistake.

The advisor said to me that instead of applying FLR(M) application I should rather make PBS Dependent Extension application on the basis of Immigration Rule 319 and my dependent should spend total of 5 years including the time which she has already spent. Thereafter, she is eligible for Set (0) settlement application.

This made me very confused as I argued with him that the settled person via 10 Years rule can't do this. He suggested me to read the rule myself and decide accordingly. I read the rule and got even more confused.

kindly help me as my Mrs visa is expiring very shortly.

Regards

[yhdil]

Can someone pls reply to this

[CR001]

She will need to switch to FLR(M) and her clock for ILR will be reset to zero and she will have to wait a further 5 years for ILR (or 10 years long residence if that comes sooner).

The rules regarding PBS dependents and main applicants who apply for ILR on the basis of long residence changed in April 2014, see link below :

http://www.immigrationboards.com/immigr ... l#p1005367

[Obie]

Dear Members,

Please help me out in the following situation.

I have recently obtained my ILR 10 Years basis. I have UK born 1 Year son of whom I have made MN1 Application.

My wife is PBS Dependent (Tier 1 Entrepreneur). Her visa application was made and granted post July 2012 rule and she joined me in Sep 2012.

Today, I went to an Immigration advisor as I had prepared my Mrs FLR(M) application and decided to get it checked in case if there is any mistake.

The advisor said to me that instead of applying FLR(M) application I should rather make PBS Dependent Extension application on the basis of Immigration Rule 319 and my dependent should spend total of 5 years including the time which she has already spent. Thereafter, she is eligible for Set (0) settlement application.

This made me very confused as I argued with him that the settled person via 10 Years rule can't do this. He suggested me to read the rule myself and decide accordingly. I read the rule and got even more confused.

kindly help me as my Mrs visa is expiring very shortly.

Regards

You probably did not explain to the adviser that you obtained leave under the Long Residence Provision.