FLR (M) Or Tier 1 Dependent

[zabiela]

Hi,

I am hoping someone will help me understand the difference between the FLR (M) and the Tier 1 dependent requirements and applications? I am eternally confused as to which category I need to make application for my wife. I got my ILR last year in April on the basis of 5 years on Tier 1 Visa.

Her details are as follows:
1) Spouse Visa applied from India: Aug'13
2) Came to UK: Dec'13
3) Visa expiring on: 04 Apr'16

As you can see she is still not eligible for ILR yet I am hoping to apply for extension in Mar'16. My question is should i apply under FLR (M) category or Tier 1 dependent category (using TIER 1 OR 5 DEPENDANT APPLICATION FORM https://www.gov.uk/government/uploads/s ... _11-15.pdf)?

Also, is there an English language requirement for PBS dependents? Is she supposed to prove her English language competency? PBS calculator recognizes the degree and gives her 10 points.

Please help.
Thanks

[CR001]

The differences are :

FLR(M)
Currently Costs £649 by post or £1049 for in person appointment. Fees go up in April
Financial requirement is £18,600 per annum. Income can be joint or either of you.
English A1 or equivalent required
2 Years cohabitation documentation in either joint or individual names required
Can do any work, including doctor or dentist in training
Immigration health surcharge payable @ £500 for first 2.5 year visa and then again when she extends for a further 2.5 years on FLR(M)
Switching to FLR(M) will reset her clock towards ILR and she will be on a new 5 year route to ILR. She will lose the time spent in the UK as PBS Dependent.
If she switches, she will only qualify for ILR in 2021

PBS Dependent
Currently costs £1736 by post or £2136 for in person appointment. Fees go up in April.
No financial requirement but you have to show maintenance funds
English not required, but PBS calculator and degree will suffice.
2 Years cohabitation documentation in either joint or individual names required
Immigration health surcharge payable @ £600 for a 3 year extension
Can do any work, except doctor or dentist in training
Staying on this route, she will qualify for ILR in December 2019

[zabiela]

Thanks a ton Char!
So I guess its upto the applicant to chose between the two, right (atleast in my case)?
Also, If we chose to go for PBS dependent route, would me (her sponser) being on ILR via Tier 1 be a problem? I mean technically she will still be a Tier 1 dependent, right?
I don’t think it should be a problem, but just want to confirm.

One final thing, you mentioned by choosing the PBS dependent route she will be eligible for ILR in Dec 2019. Shouldn't this date be Dec 2018 as Dec'13 - Dec'18 will be 5 years?

[CR001]

Some people have experienced problems re-entering UK and being questioned. Other members have reported receiving letters that the PBS Dep visa has been curtailed once main applicant has received ILR through PBS route.

The rules allow the extension of PBS Dependent, so not sure why some people have problems.

Sorry, yes, she will be eligible in 2018, 5 years from date on entering the UK.

[zabiela]

Thanks. I did some research and found (as you said that rules do allow the extension of PBS Dependent):

Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a five year
probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British
citizenship before their partner has completed their 5 year probationary period, the partner
can still apply for further leave to remain as a PBS dependant rather than as the partner of a
settled person. If their application meets the requirements, leave to remain can be granted
for up to 3 years.
Hopefully that'll clear the air a bit for myself and others who are confused

[CR001]

Yes, we are aware of those and they have been in place for a few years now.

Members experiencing difficulties are recent, within the last 5 months.