Long residence & PBS dependent status

[googleit]

Hi ,

My question is with experienced forum members , I put this question previously but didn't get any satisfactory response .

If PBS migrant is granted ILR on basis of long residence in U.K. , if his / her dependants leave is valid for another year or so , would that still be valid ?

Is there any time limit to switch to FLR or he/she can continue living , travelling on existing PBS leave ?

Many thanks in anticipation.

[CR001]

No time limit to switch, but sooner would be better as clock towards ILR for the dependent will be reset to zero.

Traveling is risky as PBS Dep can be refused entry back into the UK as the visa is technically no longer valid.

[Casa]

Dependants wouldn't be able to travel outside of the UK on a PBS dependant visa once the sponsor has been granted ILR under long residence.
Edit: Beaten by CR001

[googleit]

Dependants wouldn't be able to travel outside of the UK on a PBS dependant visa once the sponsor has been granted ILR under long residence.
Edit: Beaten by CR001

Casa , any reference to back your statement ?

As I have read home office reply that there is no restriction for dependant to switch as long as he / she got valid visa . And dependent visa would only be curtailed if relationship ends.

[Casa]

You'll see that my comment (supported by CR001's post) was referring to travel. Technically the PBS dependent visa will no longer be valid and although there is unlikely to be an issue if they remain in the UK without switching, they may be refused re-entry if they travel outside of the UK.

[googleit]

You'll see that my comment (supported by CR001's post) was referring to travel. Technically the PBS dependent visa will no longer be valid and although there is unlikely to be an issue if they remain in the UK without switching, they may be refused re-entry if they travel outside of the UK.

Couple of my friends wives travelled from UK and returned in same scenario .

One of my friends wife travelled twice .

[googleit]

Also technically dependant visa is valid as long as he / she is in relationship with main applicant. And same statement was from home office response.

It doesn't say anywhere or even on BrP (condition of stay ) that it should be changed when main applicant get ILR etc

[Casa]

It does when the sponsor has been granted ILR under long residence. The rules changed in April 2014.

[CR001]

Your wife might not be as lucky as your 'friends' spouses. HO is toughening up now especially with Brexit. It is very risky to compare your situation to 'a friend', often there are differences in circumstances/situations.

Here are the rules to the changes which took place in April 2014.

http://www.immigrationboards.com/immigr ... 43881.html

[noajthan]

These seem to be most satisfactory answers.

[googleit]

Your wife might not be as lucky as your 'friends' spouses. HO is toughening up now especially with Brexit. It is very risky to compare your situation to 'a friend', often there are differences in circumstances/situations.

Here are the rules to the changes which took place in April 2014.

http://www.immigrationboards.com/immigr ... 43881.html

CR001 thanks for your reply, I've been through all this , it doesn't say nowhere that visa needs to be switched immediately or existing leave is considered invalid or anything

Yes in order to gain ILR for spouse she's to spend 5 years on flr visa which is understood ; but existing PBS leave remains valid until expiry or as long as relationship is valid

[Abc499]

Also technically dependant visa is valid as long as he / she is in relationship with main applicant. And same statement was from home office response.

It doesn't say anywhere or even on BrP (condition of stay ) that it should be changed when main applicant get ILR etc

But still you are not happy with that reference and that is why still searching for more authenticity

Probably there will not be any better advise than what CR001 and Casa suggest. I have heard on similar case someone (dependent) had to wait few hours (last month) and they ask so many things why husband changed category but did not changed for her, are they still together !! However at the end entry guaranteed after they talk with Husband (PBS main applicant) over phone from airport.

[googleit]

See reply from home office


Dear Sir,





Thank you for your email correspondence of 14 March. I am sorry for the
delay in replying to your email.



There is no requirement for a PBS dependant to apply for leave at the same
time as the main applicant, providing that they continue to have valid
leave.



I hope this is helpful.



Yours faithfully,





May Fox

UK Visas and Immigration

[Abc499]

See reply from home office


Dear Sir,





Thank you for your email correspondence of 14 March. I am sorry for the
delay in replying to your email.



There is no requirement for a PBS dependant to apply for leave at the same
time as the main applicant, providing that they continue to have valid
leave.



I hope this is helpful.



Yours faithfully,





May Fox

UK Visas and Immigration

it is also true the mentioned reply was against a question when the main applicant switch from Tier-1 general to another tier-1 category. on that case depended already PBS dependent even if switch then still PBS dependent . the advise might change when main applicant switched to ILR-LR

[googleit]

Ok so what about this



Dear Mr Gyanguru

Thank you for your request for information about the immigration status of PBS partners when the PBS migrant obtains ILR under the long residence provisions of the Immigration Rules. Your request has been treated as a routine enquiry, rather than under the Freedom of Information Act 2000, as it the sort of request that we regularly deal with as part of our normal business.

The Immigration Rules allow a PBS dependant to complete the route to settlement in that category, provided they remain the partner of the same person who was their partner when they entered this route. They do not have to switch into the category of partner of a settled person, provided that the main PBS migrant gains settlement in their current route or gains British citizenship following a grant of indefinite leave to remain as a PBS migrant.

However, since 6 April 2014, those granted leave to enter or remain as a PBS dependant, who then wish to apply for leave as the partner of a settled person (including where their partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of long residence) are required to apply for leave under Appendix FM. This is because paragraphs 284 and 295D of the Immigration Rules have been amended to restrict switching by PBS dependants who have leave as the partner of a relevant PBS migrant. They are not able to switch into the rules for partners of settled persons under Part 8 from 6 April 2014. The PBS dependant will either need to apply for indefinite leave under the Points Based System if they can qualify, or apply for limited leave to remain under the partner rules in Appendix FM.

PBS dependants who had already switched to being the partner of a settled person under Part 8, such as under paragraph 284, before 6 April 2014 (or had applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required 2 year qualifying period.

Based on the information you have provided, your wife will need to apply to switch into the partner of a person who is settled in the UK category under Appendix FM of the Immigration Rules. There is no set time limit in which a dependant partner would have to make their application to ‘switch’. Failure to apply would not be considered as a breach of the Rules, as he or she would still have extant leave, and we would not be looking to curtail that leave unless we were made aware that the relationship had ended. However, it would be advisable for your wife to apply as soon as possible as she will not be able to apply for settlement until she has ‘switched’ into the correct immigration category and completed 5 years continuous leave in that category providing that she meets all the requirements of Appendix FM paragraph R-ILRP.1.1.

Yours sincerely

Family Operational Policy

[CR001]

That is fairly clear to me. Is there something you are still not understanding?

Do you really want to risk your spouse being returned and not permitted to re-enter the UK and have that mark in her passport? Do you want this potential type of stress?

Why would you want to delay the switch so that her clock for ILR can start?

I suspect there is possibly more to this than you are saying.

[poper]

HI OP

Don't the below lines indicate that your partner needs to switch her visa?
Just trying to understand.

They do not have to switch into the category of partner of a settled person, provided that the main PBS migrant gains settlement in their current route or gains British citizenship following a grant of indefinite leave to remain as a PBS migrant.

[vinny]

If the main PBS holder is granted ILR on the basis of Long residence, then the PBS holder did not gain ILR in their current route, i.e. as a PBS migrant.

[googleit]

Please read this paragraph below ; I know it's advisable to switch but it is not a breach if it is not changed as long as PBS visa is valid , below is response from HO



There is no set time limit in which a dependant partner would have to make their application to ‘switch’. Failure to apply would not be considered as a breach of the Rules, as he or she would still have extant leave, and we would not be looking to curtail that leave unless we were made aware that the relationship had ended. However, it would be advisable for your wife to apply as soon as possible as she will not be able to apply for settlement until she has ‘switched’ into the correct immigration category and completed 5 years continuous leave in that category providing that she meets all the requirements of Appendix FM paragraph R-ILRP.1.1.

[CR001]

Did anyone one of us say she is in breach of the rules? It is risky for her to travel and re-enter the UK.

[Casa]

You'll see that my comment (supported by CR001's post) was referring to travel. Technically the PBS dependent visa will no longer be valid and although there is unlikely to be an issue if they remain in the UK without switching, they may be refused re-entry if they travel outside of the UK.

Which is what I advised in this post in reference to travel.

[poper]

If the main PBS holder is granted ILR on the basis of Long residence, then the PBS holder did not gain ILR in their current route, i.e. as a PBS migrant.

My goodness. I honestly didn't interpret it this way. Still appears controversial as the OP was a PBS migrant when he gained ILR(though not on the 5 year route). So, he has effectively used his PBS leave as well right.

[googleit]

People are confused & talking hypothetically . It's simple that in order to gain settlement Dependent has to spent 5 years on FLR M or 10 years law full residence

But PBS dependant valid leaves doesn't gets invalidated if his/her partner switches to ILR , as long as the relationship hasn't ended its valid leave , as the conditions attached to PBS dependent leave are same as of FLR M or FLR FP

[Casa]

There's no confusion. Neither has anyone said that the leave is invalidated. You appear to be selective in the advice being given to you. #TRAVEL

[googleit]

Yes I am talking about travel as well, when the leave isn't invalidated & this isn't a breach of stay then why travel is an issue ?