Set (O) or PBS Dependant

[ilruk2016]

Hi,

I need your suggestions CR001, Vinny, Amber, Sushdmehta and other experts..

Apologies if am duplicating the same question which has been answered by experts before.

My wife came to UK in April 2011 as a PSW dependant and later switched to Tier 1 PBS dependant in August 2011 with visa validity until 25th May 2013. In June 2012 we went to holiday for a break which ended up for a 13 months maternity break. Her visa got expired whilst she is at home, but applied it with in a week’s time and got her visa renewed with new born from June 11 2013 & returned UK in July 2013. That means she is away from UK in between 2012 June - 2013 July. Right from the day she is with me and she will be staying for a good 46 months by the time I apply for ILR in May 2016.

Now my question is whether she can apply for ILR with me in 2016 or she needs to renew as a PBS dependant. She has got a genuine health reason for not able to return to UK and for the 13 months gap she had, do you think it helps our case to explain it to case worker. I know there are few cases where they have got a little success with these kinds of issues when they have applied for PEO appointments but my worry is do we have an option to explain our case to the case workers? Does the case worker listen? If the case worker atleast says that it is not possible to apply for ILR and she needs to extend it as PBS dependant then I can save the money for my wife’s application. Also we are expecting our second child in February 2016 and not repeating the same mistake which we have done for our first child, as we are planning to have our second child in UK. Do you think because of this our case becomes bit stronger?

Your suggestions are really appreciated guys, please share some thoughts.

[ilruk2016]

Hi,

Can anyone suggest me guys ....

[vinny]

I suspect that they may say that her continuous leave was broken. However, it's unclear.

[ilruk2016]

Hi Vinny,

Thanks for responding and I can understand the uncertainty you have explained.

Do you think is there point getting a PEO appointment and explain my wifes health condition in 2012 with supporting health documents. The only worry is if the case officer does not give me an option to explain our reasons. I dont want to get in to a position where we loose money and dont get an ILR.

Kindly suggest...

[ilruk2016]

Guys please suggest ....

[ilruk2016]

I suspect that they may say that her continuous leave was broken. However, it's unclear.

Hi

My wife got her ILR yesterday though there was a break in her continuity of 13 months due to health issues. There is some ambiguity involved for PBS dependants in continuity period as explained by experts and I thought to take a gamble by applying ILR for my wife. I have submitted all her health related documents and explained each & every absence in the covering letter. She has got all the other documents intact such as KOLL and Cohab's.

We were expecting few questions from case worker about the absences but that never happened and the result was out in an hours time.

Its a great relief. Thanks one & all for the support extended.

AK