Self on ILR, spouse on PBS (Tier 2) dependent, UK entry?

[jam_27]

Hi,

I have an ILR issued last year and my wife has PBS (Tier 2) dependent visa until 31 Dec 2015. My wife's PBS dependent visa is based on my earlier Tier 2 visa based on which my ILR was issued.

I moved to Germany for ~6 months in Dec 2015 on a research fellowship and will be moving back to UK with a new job shortly.

Can my wife enter UK with her current PBS dependent visa or does she have to apply for a new leave to enter UK from Germany?

Please advise.

[CR001]

Yes, as long as her visa is valid she can use it to travel.

[jam_27]

Thanks, just one more question. Will my wife get an entry as a visitor or as a PBS dependent (which allows her to work as well)?

I am moving back to settle and my wife plans to renew her visa while in UK before her current visa expires.

Please advise.

[CR001]

PBS dependent

Because that is the visa that you say she currently holds, so I don't understand why you say 'visitor visa'.

[jam_27]

My wife holds a PBS dependent visa. But as I have changed my job now, I was wondering if her passport will be stamped as a visitor or as a PBS dependent?

[CR001]

as a PBS dependent?

Her visa is valid so why would it be stamped with anything else regardless of your job. You obtained ILR through tier 2 so her visa remains valid until expiry.

[jam_27]

I called up UKBA (paid service) in order to get some final words before I travel back to UK to take up my new job and settle.

The lady was unsure of the rules and my query kept me on hold and went to ask her supervisor. She finally advised that since my visa category has changed from Tier 2 to ILR, my wife now needs to apply for a new visa in the category of "dependent of a settled person" even though my wife's Tier 2 (PBS dependent) is still valid until Dec 2015 end. Otherwise she cannot enter UK with me!

This is thoroughly confusing. My understanding is that my wife will have to apply as a Tier 2 dependent until she qualifies for ILR herself, by filling this form before the end of her current Tier 2 (dependent) visa(https://www.gov.uk/government/uploads/s ... e_0415.pdf) but she can enter as long as her current visa is valid. This form is not for dependent of a settled person.

I need urgent advise so that I have enough time to apply for my wife's mew UK visa should there be a actual need. Please advise. Many thanks.

[CR001]

If you obtained ILR based on tier 2, she does not have to switch visas and can continue to extend on PBS dependent form. Switching to spouse visa FLR(M) will resent her clock to zero for ILR.

UKVI are known to give incorrect advise.

[jam_27]

Yes, I obtained ILR based on my Tier 2 status.

Could I please request you to direct me to a UKBA link where it says that if the main application obtained an ILR based on his T2-PBS, then dependent's (spouse's) T2 visa is valid to enter UK until its expiry? A print out of this will help me during UK immigration should the immigration officer turn out be similar to the lady from UKBA I had on phone today.

[CR001]

Page 1, Introduction, point 2, second bullet point in the PBS Dependent Policy Guidance (Click)

[Amber]

CR001 is correct, the entry clearance officer will know the rules!

[vinny]

Agree.

Immigration applicants cannot rely on telephone calls with Home Office.

[jam_27]

Update: me and my wife entered UK without any problems. thanks everyone.