PBS dependant not eligible for FLR(M)?

[rag.rallabhandi]

I came to the UK in 2009 as a Tier 1 General Migrant. In July 2014, I got ILR after 5-years continuous residence as a PBS migrant. My wife and son joined me in the UK in May 2013 as Tier 1 dependant partner and child respectively. Their visa is expiring in December 2014. I called up UK Immigration contact centre today to confirm if FLR (M) is the right form to apply for leave to remain in the UK as spouse of a person present and settled in the UK and was told that my wife cannot apply using FLR(M) and must use PBS Dependant form.

The paragraph quoted by the advisor was from the FLR(M) guidance notes and is as follows: You must not use this form to make an application for an extension of stay in the following categories: As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant.

Does that mean, my wife would have to use PBS dependant form and not FLR(M) to apply for leave to remain in the UK? That is to say, if she used FLR(M), the visa would be rejected?

Thanks in advance.

[Obie]

Your wife should stay on PBS dependent and apply for settlement in 2018.

There is nothing in law preventing her from switching to FLR(M), but she will have to start the clock again in regards to settlement. Provided of course you are able to show you meet the financial requirement.

[rag.rallabhandi]

Thanks for the reply. When we met an immigration solicitor, he said my wife should apply for spouse visa immediately and not PBS dep. The latter, he said, was like a 'back door' and not a straightforward way of remaining in the UK. I do meet the financial requirement and my wife has cleared IELTS to fulfil English language requirement as well. So, FLR(M) was our choice, initially. But with the executive at the UK Immigration contact centre advising us to take the PBS dep route, we are left struggling to make a choice.

Under such circumstances, can you let me know where exactly in Part 8 of the immigration rules or Appendix FM does it mention about PBS dependants being allowed to apply using FLR(M)? That will be very useful.

Also, is my understanding of the pros and cons of PBS dependant and FLR(M) correct?

PBS dep: Pros - Settlement after 3.5 years. Cons - Very expensive. £2100 (wife) + £2100 (son) = £4200
FLR(M): Pros - Not as expensive, £2000 (for both wife and son). Cons - Settlement after another 5 years.

Thanks again. I appreciate your help and advice on this issue.

[Obie]

It does not need to mention that, as appendix FM provide for spouse of settled person.

SO your family has the option of both worlds.

The question is whether your are prepared to defer their Settlement entitlement for an extra 17-18 months and safe a few fees.

I wish you all the best in your endeavour.

[rag.rallabhandi]

Thanks Obie for the advice.

Has any member on the forum - a Tier 1 (General) dep applied for a spouse visa using FLR(M) and been successful? I would like such members to respond regarding their experience.

Thanks.

[s4salil]

Hello, I am in similar situation. Did you finally apply under FLR(M)? Were there any issues?

I came to the UK in 2009 as a Tier 1 General Migrant. In July 2014, I got ILR after 5-years continuous residence as a PBS migrant. My wife and son joined me in the UK in May 2013 as Tier 1 dependant partner and child respectively. Their visa is expiring in December 2014. I called up UK Immigration contact centre today to confirm if FLR (M) is the right form to apply for leave to remain in the UK as spouse of a person present and settled in the UK and was told that my wife cannot apply using FLR(M) and must use PBS Dependant form.

The paragraph quoted by the advisor was from the FLR(M) guidance notes and is as follows: You must not use this form to make an application for an extension of stay in the following categories: As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant.

Does that mean, my wife would have to use PBS dependant form and not FLR(M) to apply for leave to remain in the UK? That is to say, if she used FLR(M), the visa would be rejected?

Thanks in advance.