ILR and PBS Dependents

[UKGrace]

Hello sir,
My wife and daughter has been on Poststudy
dependant visa for 2 years but later converted to the same category as me - T1 G. They converted in Feb. 2013 and later extend as me to Dec 2016. I am now due for ILR but not sure if they are due as well, they have been residing in U.K. With me for 6.5years. Please advise and thank you for this forum.

[vinny]

Did you read the above links at all?

If your dependants has continuous leave as your dependants since prior to 9th July 2012 or for at least 5 years less 28 days, then they may be included in your SET(O) application, subject to KoLL for yourself and wife, etc.

[UKGrace]

Am sorry for posting into this forum, I will reply via proper forum now.

Thank you

[UKGrace]

I wrongly postted into wrong forum, though you responded, thank you for that.

Please can you clarify more on what you mentioned in your response, My query was that; my wife and daughter came on Tier 4 PBS dependant in Feb. 2010 and later changed to PBS post study dependant in 2011 July. I moved on almost immediately to T1G in June 2011 but they did not move immediately. They Moved in Feb 2013 and later got extension with me for 3 years in June 2013. In June 2016, I completed 5 years and now want to apply for ILR. I am not sure if they are due as well since they joined me on T1G. I looked at the immigration rule part8 section 319AA ( where they define relevatnt PBS Migrant)

Section 319A - Purpose

Section 319E - Requiremnt for ILR

Section 319E, b and b(i), C and C(i), d and D(i)a and b.

Just confused, please help!

[CR001]

If they have been PBS Dependents since arriving in the UK, they can apply with you.

[UKGrace]

Thank you. I have already book for premium service alone and I can't change it now and the cost too. My wife intent to post with the rest of the children, is it ok or what do we do, now that you said they need to apply with me.

[CR001]

Yes, she can post it. She also applies on Set(O) as main applicant and children as dependents.

[UKGrace]

I am grateful for your quick response but do you mean SET(M) which for dependant/patrner.

[UKGrace]

Thank you, it is clear to me now, am using SET(O). However, what would she put in Section 6 - Immigration history (6.1). Do I put the same date as mine which is 01/06/2011 because she's been here as my dependant prior to me changing but the date she swithched from Post study dependant was 10/02/2013.

[CR001]

Put her dates from when she arrived as a PBS Dependent.

[UKGrace]

Thank you. I think home office did not know about this as well, I called them to discuss this yesterday and they said she has to be 5 years on T1G dependant. I tried to make them see the relevant rule regarding PDS dependant but they were not ready to read the rule. They just insisted for her to put-in FLR but I have a strong conviction and you have just nailed it!.

Would you advise that I put two type of application in one form with a cover letter and give them the opportunity to chose the right one. My worry is that if they deny her, she will have no right again and she may be asked to go and apply outside the UK. We are worried.

May I ask if we can get appointment with you at the earliest as need to submit he application by Saturday, her visa expires on Sunday.

[CR001]

What do you mean put two applications?

[UKGrace]

I mean The form SET(O) and FLR for her in the same pack and put a cover letter to prove why she's qualify for ILR and if they disagree, then they can treat the form FLR. What do you think?

[UKGrace]

Dear sir,

Thank you once again for all your advise, this is the best forum ever and weldon!

I will be submitting her application today and I will like to ask you to advise me of the relevat immigration rule I should points to in my cover letter. I have earlier mentioned to you the ones I read in Part 8 of the immigration rule but with your advise, I will be able to point to the right oneas.

Also, now that she will be applying as main applicant(PBD dependant), all the parts that relates to partner are only for when I am applying with her. how would I include my details to show that she's my dependant when i am not applying with them on the same form, do I just include my details and documents?

Thank you so much!
Yemi

[UKGrace]

Hi, Please can I be lucky to get a response? Thank you!!!

[CR001]

No, you cannot put Set(O) and FLR(M) in the same envelope. It is two different departments that deal with each one.

FLR(M) also requires IHS to be paid BEFORE you can send the application.

I still don't understand why you are doubting the advice you have been given already regarding ILR for your spouse, even with the immigration rules links posted.

[UKGrace]

I am grateful and I will do as advised!