ILR PBS Dependants

[rhule815]

Dear All,
My wife was a dependant (PBS dependant) on my Tier 1 (General) PBS in 2011. On May 23rd 2013 I got Indefinite Leave to Remain (ILR) while I extended her visa with FLR as she was short of the 2 years by 2 months, she got her extension in Jul 2013. In Feb 2015 I got my British Passport.

I now want to apply for Indefinite Leave to Remain (ILR) for her, but as I have made mistakes in past applications and lost money (i.e about £1500), I wouldn't want to repeat this again, hence I will appreciate it if someone can answer these questions for me.

Questions
1). What form should I use for her application for ILR (Set (M) or Set (O)?
2). As her visa was issued before 9th Jul 2012, she qualifies for the 2 years cohabitation. In proving this cohabitation, which 2 years do I have to prove? i.e, The 2 years back from the day I will make the ILR application for her or 2 years from when she first entered the country (i.e she entered UK in Aug 2011)?

[rhule815]

Dear All,
My wife was a dependant (PBS dependant) on my Tier 1 (General) PBS in 2011. On May 23rd 2013 I got Indefinite Leave to Remain (ILR) while I extended her visa with FLR as she was short of the 2 years by 2 months, she got her extension in Jul 2013. In Feb 2015 I got my British Passport.

I now want to apply for Indefinite Leave to Remain (ILR) for her, but as I have made mistakes in past applications and lost money (i.e about £1500), I wouldn't want to repeat this again, hence I will appreciate it if someone can answer these questions for me.

Questions
1). What form should I use for her application for ILR (Set (M) or Set (O)?
2). As her visa was issued before 9th Jul 2012, she qualifies for the 2 years cohabitation. In proving this cohabitation, which 2 years do I have to prove? i.e, The 2 years back from the day I will make the ILR application for her or 2 years from when she first entered the country (i.e she entered UK in Aug 2011)?

[vinny]

If she switched/extended by using FLR(M), then she may apply for SET(M).

[rhule815]

If she switched/extended by using FLR(M), then she may apply for SET(M).

Thanks for that.. But on the Set (M) application form and Guideline, it clearly states that, "If you were not last granted limited leave to enter or remain as the partner of a person present and settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this form". If I check HO Rules, https://www.gov.uk/government/uploads/s ... _final.pdf My wife was granted limited leave to remain under paragraph 319B and 319C and now qualifies for 319E and not the paragraphs above. I think my wife actually fails Paragraph 284(i)(c), which states "leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant" . Her current visa state "PBS dependant", although it was extended while I had ILR, I guess it is still the continuation of her visa. I saw the Set (M) option in the GOV.UK website but then the statement on the Set (M) form contradict it, while the Set (O) has PBS dependant as another applicant. So so confusing. I have filled a wrong form a lost £1600 on PEO so this time I will fill both forms and print all the evidence of confusion and take with me to the PEO.

Do you have an idea, which 2 years co-habiting period I have to prove within the 44 years of my marriage? The last 2 years or the first 2 years.

Thanks for the response

[Amber]

If your spouse extended as a PBS dependent then it's SET(O), if the extension was FLR(M) it's SET(M). Was her leave granted for 2 or 3 years?

[grace4drace]

The cohabitation documents required is for the last 2 years from the day of your application.

[swamyash]

Hi All,

Quick Question, I got ILR granted in Nov 2014, My Spouse(PBS Dependant visa Valid
till 2017) was outside UK from Sep 2014(Due to medical & child care
issues).Now I am planning to bring my spouse to UK next month( June
2015.)
Spouse PBS Dependant Visa was first granted in July 2010.(She falls
under before July 2012 rule)

I wanted to know, is there any limitation on duration of stay
outside UK for PBS dependants making their visa inactive?

Can I bring them in next month (June 2015)

Yours faithfully,

Swamy

[rhule815]

If your spouse extended as a PBS dependent then it's SET(O), if the extension was FLR(M) it's SET(M). Was her leave granted for 2 or 3 years?

She was on PBS depandant, but her visa expired when I got my indefinite leave to remain application, I included her on the Set (O), application form which was a big mistake so I lost the money. I hand to extend with using my secured ILR and she was granted 3 extra years. Her visa still says PBS dependant. Is it Set (O) or (M)