Wife and sons correct extension for ILR

[kawshik84]

Hi Guys,

Thank you for all the help I have received so far. I have recently applied for ILR based on 5 years on Tier 2 on the 12th of July and was successfully approved on the same day and have also received my Biometric card.

Now I have questions regarding my wife and son's application.

My wife has been my PBS dependent only for the past 2 years (she was on Tier 2 before) and would require another 3 years extension as PBS dependent. However, she will also be completing her long residency (10 years) in February 2018. As such, I am thinking to switch her to FLR(M) - dependent of a settled person. This is purely based on the idea that she would be applying for ILR on her own right (long residency) rather than a PBS dependent. This would apparently save me some money now and in the long run as the fees would be less altogether. Do you think this is smart? Are there any issues that I would face if I went down this path?


My son's case is also a bit complicated. He was born in April of 2014 in the USA. But, when he moved here, her was on a PBS dependent visa under my wife. In 2015 September, I switched him over as my PBS dependent. So, for him, what would be the best course of action. Keep him on a PBS dependent? If so, does his entire time as PBS dependent count towards ILR despite whose dependent he was on? If not, should I also take the FLR(M) route for him? I am not particularly fussed over getting his ILR early. Also, it is my understanding that if both me and my wife become British Citizens, I can apply for my son's Citizenship as he will remain under 18 throughout this period. Please advise what would be the best for him?

Thanks for taking the time to read my long query all your trouble.

[zimba]

My wife has been my PBS dependent only for the past 2 years (she was on Tier 2 before) and would require another 3 years extension as PBS dependent. However, she will also be completing her long residency (10 years) in February 2018. As such, I am thinking to switch her to FLR(M) - dependent of a settled person. This is purely based on the idea that she would be applying for ILR on her own right (long residency) rather than a PBS dependent. This would apparently save me some money now and in the long run as the fees would be less altogether. Do you think this is smart? Are there any issues that I would face if I went down this path?

Is she sure that she is eligible for SET(LR) ? If it is refused she must wait another 5 years on FLR(M). At least on PBS she has more time towards ILR. Also FLR(M) has income and English language requirement that PBS dependant visa does not have.

My son's case is also a bit complicated. He was born in April of 2014 in the USA. But, when he moved here, her was on a PBS dependent visa under my wife. In 2015 September, I switched him over as my PBS dependent. So, for him, what would be the best course of action. Keep him on a PBS dependent? If so, does his entire time as PBS dependent count towards ILR despite whose dependent he was on? If not, should I also take the FLR(M) route for him? I am not particularly fussed over getting his ILR early. Also, it is my understanding that if both me and my wife become British Citizens, I can apply for my son's Citizenship as he will remain under 18 throughout this period. Please advise what would be the best for him?

He will be eligible for ILR by being on PBS dependant visa for 5 years in total.

[CR001]

Your son will qualify for ILR as a PBS Dependent with and when your spouse does but only if she applies based on 5 years residence PBS dep route.

[kawshik84]

Your son will qualify for ILR as a PBS Dependent with and when your spouse does but only if she applies based on 5 years residence PBS dep route.

What if my wife now changes to FLR(M) and leaves the PBS dependent route. In that case, if my son stays on PBS Dependent, when does he qualify? Total 5 years (1 from my wife + 4 from me) or 5 from me?

Or is it better to just switch him to FLR(M) as well?


I am only thinking of doing this as I have been told that I would save significant amount of money in the long run going with FLR(M) rather than PBS dependant.

[kawshik84]

My wife has been my PBS dependent only for the past 2 years (she was on Tier 2 before) and would require another 3 years extension as PBS dependent. However, she will also be completing her long residency (10 years) in February 2018. As such, I am thinking to switch her to FLR(M) - dependent of a settled person. This is purely based on the idea that she would be applying for ILR on her own right (long residency) rather than a PBS dependent. This would apparently save me some money now and in the long run as the fees would be less altogether. Do you think this is smart? Are there any issues that I would face if I went down this path?

Is she sure that she is eligible for SET(LR) ? If it is refused she must wait another 5 years on FLR(M). At least on PBS she has more time towards ILR. Also FLR(M) has income and English language requirement that PBS dependant visa does not have.

I understand what you are saying. I am quiet certain she qualifies although I will need to check her travel dates carefully. She did leave for 3 months at a point for child birth abroad. The english and salary wouldn't be an issue.

The motivation for FLR(M) is that I would save tons of money compared to applying as PBS dependent. Is that true?

My son's case is also a bit complicated. He was born in April of 2014 in the USA. But, when he moved here, her was on a PBS dependent visa under my wife. In 2015 September, I switched him over as my PBS dependent. So, for him, what would be the best course of action. Keep him on a PBS dependent? If so, does his entire time as PBS dependent count towards ILR despite whose dependent he was on? If not, should I also take the FLR(M) route for him? I am not particularly fussed over getting his ILR early. Also, it is my understanding that if both me and my wife become British Citizens, I can apply for my son's Citizenship as he will remain under 18 throughout this period. Please advise what would be the best for him?

He will be eligible for ILR by being on PBS dependant visa for 5 years in total.

This can be a combination of the time as dependent of my wife and me separately.

[paradoxical]

If you continue to apply for PBS extension and in the meantime your wife completes 10 years, you can apply for ILR for her I believe. And it will cost you less to get PBS extension than switch to FLR. I am not sure why has this not been pointed out. ?

[kawshik84]

If you continue to apply for PBS extension and in the meantime your wife completes 10 years, you can apply for ILR for her I believe. And it will cost you less to get PBS extension than switch to FLR. I am not sure why has this not been pointed out. ?

Hi,

Yes, I am aware that she can apply for 10 years even on PBS dependent and that would be the least problematic option.

Again, to reiterate, my main motivation going down the FLR(M) route was because I was under the impression that it would have been cheaper. Howeve, you seem to have hit the nail on the head with the fees issue.

I will run the numbers when I get a chance and confirm back. I couldn't locate the fees for PBS dependent extension easily hence was a bit put off.

Thanks

[paradoxical]

OK, here is my understanding working out your case. Anyone else who thinks I got something wrong, please correct me. (My personal experience is only of Tier 2 and ILR, and dependants being on Tier 2..)
if your wife switches to FLR(M), then the total fee would be:
£993 + Health Surcharge for 2.5 years (£500) = £1493
If instead she extends as PBS dependant, then the fee would be:
£677 + Health Surcharge for 3 years (£600) = £1277
And in both cases, your wife would complete 10 years before the expiry of either option 1 or option 2, and would then qualify for ILR based on SET(LR).
And from what I can see, you actually save (£1493-£1277=£216, two times) £432 if you take the PBS route (which also has fewer requirements for extension).
Once your wife gets ILR, and since you already are going to be on ILR, I believe your child will immediately qualify for ILR as well.
The earlier advice suggesting that taking the FLR(M) route will save you tons is completely wrong, in fact it is the more expensive option.

[kawshik84]

OK, here is my understanding working out your case. Anyone else who thinks I got something wrong, please correct me. (My personal experience is only of Tier 2 and ILR, and dependants being on Tier 2..)
if your wife switches to FLR(M), then the total fee would be:
£993 + Health Surcharge for 2.5 years (£500) = £1493
If instead she extends as PBS dependant, then the fee would be:
£677 + Health Surcharge for 3 years (£600) = £1277
And in both cases, your wife would complete 10 years before the expiry of either option 1 or option 2, and would then qualify for ILR based on SET(LR).
And from what I can see, you actually save (£1493-£1277=£216, two times) £432 if you take the PBS route (which also has fewer requirements for extension).
Once your wife gets ILR, and since you already are going to be on ILR, I believe your child will immediately qualify for ILR as well.
The earlier advice suggesting that taking the FLR(M) route will save you tons is completely wrong, in fact it is the more expensive option.

Thanks for this update. I will double check the numbers and report back