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Long residence & PBS dependent status

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Long residence & PBS dependent status

Post by Casa » Thu Aug 11, 2016 6:52 pm

Abc499 wrote: But still you are not happy with that reference and that is why still searching for more authenticity :D

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.
Did you read this post?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Long residence & PBS dependent status

Post by vinny » Thu Aug 11, 2016 10:28 pm

poper wrote:
vinny wrote: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.

The PBS holder did not gain ILR in their current route, i.e. as a PBS migrant, because 319E(b) fails.
319E wrote:(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
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