Tier 1 Dependent or FLR (M) -- Clock Reset

[akan]

How can it reset the clock ? Please explain

[Casa]

Do you want to explain the situation??

[vinny]

There are no provisions to combine PBS dependant leave under Appendix FM.

[akan]

There are no provisions to combine PBS dependant leave under Appendix FM.

I got married in 2014 and my wife got Tier 1 dependent , next year 2016 I will be applying for ILR , so what visa should I apply for my wife?

If I fill FLR(M) for my wife how will it reset the clock towards ILR? Tier 1 dependent is costly move with heavy fees and health charges.


Regards

[vinny]

After you are granted ILR under Tier 1 (General), your wife may extend as a PBS dependant for a further 3 years or 2.5 years on FLR(M).

To apply for SET(O), she should complete 5 years under PBS dependant.
To apply for SET(M), she should complete 5 years under FLR(M).

It's your choice on what route to take.

[akan]

After you are granted ILR under Tier 1 (General), your wife may extend as a PBS dependant for a further 3 years or 2.5 years on FLR(M).

To apply for SET(O), she should complete 5 years under PBS dependant.
To apply for SET(M), she should complete 5 years under FLR(M).

It's your choice on what route to take.

Thanks Vinny,

So just to clear on my side .. This means we cannot mix and match Tier 1 PBS dependent and FLR M ?

So if she apply for FLR M her then she has to stay 5 years again as my dependent to be eligible for ILR?

Regards

[vinny]

Yes.

[nj_]

Hi Vinny

Apologies in advance if this has been discussed somewhere else!

I quote from "Family members of PBS migrants granted ILR or British citizenship" (https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

"Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant"

Doesn't the above mean that you can add the time spent by dependant as PBS Tier 1 (General) Dependant to the time he/she has spent as a "partner" of the PBS migrant [I presume via FLR (M)] towards ILR of that dependant? I am saying this because the last line of the above para says "their most recent leave has been as the partner of that PBS migrant" which is FLR(M) isn't it? [It says PARTNER here not dependant! FLR (M) is "Application to extend stay in the UK as a partner"]

Could you also please kindly refer me to where its been said on the website of UKBA or gov.uk regarding resetting of the time under flr(m)?

In addition to above could you also please kindly let me know your thoughts on the following:

Considering "Tier 1 General extension application / extension will be closed on 6 april 2015 and settlement to close on 6 april 2018" what effect will it have on dependants? Will they get PBS dependant based on the ILR of (PBS main applicant)? i.e. disregard the above line re closure in April 2015 as the dependant's visa will be extended due to the ILR & not Tier 1 General? and therefore the closure in April 2018 is irrelevant?


Thanks in anticipation

Best

[vinny]

Your quoted statement seems to refer to 319E(d), where the most recent leave prior to the ILR application is as PBS dependant.

Unfortunately, the changes on 6th April 2014 prevents all PBS dependants from switching to FLR(M) under Part 8. They may switch under Appendix FM. That's the problem.

The closure of ILR for a Tier 1 (General) holder is relevant to their dependants if the Tier 1 (General) holder fail to obtain ILR.

[nj_]

Hi Vinny

thanks for the prompt response.

I found the following from one of the discussions:

Re: Changing category from Tier-1 (General) Partner to FLR(M
Postby CR001 » Mon Mar 09, 2015 12:10 pm

She could continue extending her PBS dependent visa until she qualifies for ILR, provided you are applying on the basis of Tier 1 and 5 years residence.

1. Can I apply for her FLR(M) anytime after I get my ILR and before her current T1 partner expires. Yes or continue to extend her PBS dependent visa. For FLR(M), you need to meet the financial requirement and she needs English Level A1
2. Once she gets her FLR(M), will her time spent in the UK "reset" i.e. Yes Would she need to spend another five years in FLR(M) category before applying for ILR Yes or would the time she has spent already using T1 partner count towards her five years requirement No. In case of the former would her five years start from the day she gets her FLR(M) visa? Yes and if it is the latter case, would her five years start from the day she got the T1 partner visa? Not relevant as above

Isn't the responses from CR001 contradicting what you just mentioned that "the changes on 6th April 2014 prevents all PBS dependants from switching to FLR(M)".

The link to the above forum is http://www.immigrationboards.com/indefi ... 82416.html

[vinny]

No contradiction. Your quote of my post was incomplete.

Your quoted statement seems to refer to 319E(d), where the most recent leave prior to the ILR application is as PBS dependant.

Unfortunately, the changes on 6th April 2014 prevents all PBS dependants from switching to FLR(M) under Part 8. They may switch under Appendix FM. That's the problem.