What will be the actual impact for a dependant on PBS Visa

[MYA]

Dear board members,
Me and my family has the following immigration statuses;

In 2016 I was on Tier1 entrepreneur visa and therefore my wife and two under 16 children were on PBS dependant visas.

In September 2017 I got ILR on the basis of 10 Years Long residency . Soon after getting ILR I applied for my two children for British citizenship in form MN1 and now both are British citizens having British passport.

Now my wife has still PBS dependant visa which will expire on 14th November 2018.

My wife has already pass the A1 level of English language requirement but the only problem is that I need to show £18600 for her visa to be switched on dependant of a settled person on form FLRM.

But to show this my 6 months minimum required bank statement will be ready by October 2018.
No we have to go in July 2018 back home for a month holidays and for some family matters. So what will be the situation for my wife when we come back after holidays on UK airport as she will still on PBS dependant visa

I had discussions with lots of friends some saying that you need to switch visa otherwise they will not let your wife in, some saying that there will be no problem they will let her in as I will be with him and she got both British children with her so they will let her in. Please my request to all experience board members is that could you please let me know what can be happened in my current scenario???as I can’t switch her visa before October and on the other hand we have to go in July

Waiting for reply from all experience members and from those who get through this situation before

Regards

[sam550]

If your wife have legal stay until November 2018 why wouldn't they let her in, stop listening to jealous family and friends, I travelled 2 weeks before my visa expired and no one asked any question on my return.

[sam550]

They won't stop her unless she stayed over the tenure of her visa.

[MYA]

Hi Sam
Actually it’s not the question that they will not let her in, question is I did not switch her status to dependant of a settled person she still on Point based T1 entrepreneur dependant visa which will expire in November 2018 , her visa will definitely valid but did they will not ask me or her why you did not change her visa
Or as long as it’s valid it’s ok irrespective of the fact if it’s still PBS category?

[paru.org]

https://www.whatdotheyknow.com/request/ ... ment-75254

Dear Home Office,

My question is about PBS dependent Visa validity after main applicant switches to ILR on basis of long residence. My wife has got PBS Dependent Visa which is valid until 2018 , if I apply for ILR on basis of long residence , would her leave be valid after me changing my status to ILR ? Could she continue her stay on her existing leave ?

Yours faithfully,

Adeel
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DMC (Croydon), Home Office 19 August 2016
Dear Sir,

Thank you for your email correspondence of 11 August.

If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their leave or gain settlement as a PBS dependant and must switch into the partner of a settled person category and apply for limited leave. Please refer to page 32 on the guidance below:
[1]https://www.gov.uk/government/publicatio...

Please note that as the onus is upon the individual customers to ensure that they satisfy the requirements set out in the guidance material that accompanies each and every application form, the UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration. Therefore, you are advised to read through the guidance prior to submitting a future application.

We are unable to advise you any further on your enquiry and you should seek immigration advice if you need help with permission to stay in the UK. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which means they must meet certain standards.

Yours faithfully,
Mala Anand
Customer Service Operations
UK Visas and Immigration

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Dear DMC (Croydon),

Thanks for your reply , yes it is clear once PBS migrant gains ILR his/her dependant must switch into partner of settled person, my question is, is there a time limit to switch to dependant of settled person ? if PBS dependent has got a valid visa For another one year , can that be switched into partner of settled person any time during that period of existing leave ? My wife got PBS dependant valid visa for another year and half , would that remain valid for the same period ?

Many thanks in anticipation
Yours sincerely,
Adeel TARIQ
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DMC (Croydon), Home Office 22 August 2016
Dear Sir,

Thank you for your email correspondence of 19 August.

Please be advised, if an applicant is granted ILR on the bases of long residence, their dependant would no longer be meeting the requirements of a PBS Dependant visa. They would therefore be advised to submit a new application straight away.

Please note, the onus is upon the individual customers to ensure that they satisfy the requirements set out in the guidance material that accompanies each and every application form. Therefore, you are advised to read through the guidance prior to submitting a future application.

If after reading the application guidance you are still unsure as to the requirements for the application you wish to submit you should seek independent immigration advice.

Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which means they must meet certain standards.

Please see the link below to find an immigration advisor: https://www.gov.uk/find-an-immigration-a...

We are unable to advise you any further on your enquiry.

Yours faithfully,

Emma Fields
Customer Service Operations
UK Visas and Immigration
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Dear DMC (Croydon),

Thanks a lot for your reply , I just came across a similar question on this forum and there is a response from Home office as below ; as per this response there is no set time limit to switch and failure to do that would not be considered breach of rules as he / she would still have extant leave .

Please see response below ;

"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"

Yours sincerely,

Adeel TARIQ
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DMC (Croydon), Home Office 31 August 2016
Dear Sir,

Thank you for your email correspondence of 22 August.

We have made further the clarification on this enquiry. There is no set time limit in which a dependant partner would have to make their application to ‘switch’ as explained on the response from the forum. It would be advisable for the PBS Dependant to apply as soon as possible as they will not be able to apply for settlement until they have ‘switched’ into the correct immigration category and completed 5 years continuous leave in that category providing that they meet all the requirements of Appendix FM paragraph R-ILRP.1.1.

Please be informed that if the PBS Dependant leaving the UK and re-enter, they will be required to show a valid visa allowing them entry to the UK, for those categories where this is required, along with evidence that they are entering or re-entering for the same purpose. Border Force staff based at ports of entry, decide whether to grant entry to a person arriving into the United Kingdom through the immigration control at the time of arrival, on a case by case basis.

Please note that as the onus is upon the individual customers to ensure that they satisfy the requirements set out in the guidance material that accompanies each and every application form, UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration. Therefore, you are advised to read through the guidance prior to submitting a future application.

We are unable to advise you any further on your enquiry and you should seek immigration advice if you need help with permission to stay in the UK. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which means they must meet certain standards.

Please see the link below to find an immigration advisor:https://www.gov.uk/find-an-immigration-a...

Yours faithfully,

Mala Anand
Customer Service Operations
UK Visas and Immigration

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Dear DMC (Croydon),

Thank you very much for your response, just a final clarification regarding PBS dependant status.
My wife has a valid PBS dependant visa that is valid until July 2018, she is travelling out of UK for few months to visit her parents , would she be allowed to enter back to UK with valid PBS dependant visa if I switch to ILR and once she is back in UK , she can allow to switch to partner of a settled person ?

Many thanks in anticipation of your reply ,
Yours sincerely,
Adeel TARIQ

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DMC (Croydon), Home Office 5 September 2016
Dear Sir,

Thank you for your email correspondence of 31 August.

Border Force staff based at ports of entry, decide whether to grant entry to a person arriving into the United Kingdom through the immigration control at the time of arrival, on a case by case basis. We cannot advise on a case in advance of that arrival.

Please be informed that when entering or re-entering the UK, a foreign national will be required to show a valid visa allowing them entry to the UK, for those categories where this is required, along with evidence that they are entering or re-entering for the same purpose.

Please see the link below for assistance:

https://www.gov.uk/uk-border-control

We are unable to provide further assistance.

Yours faithfully,

Wayne Fairweather
Customer Service Operations
UK Visas and Immigration

EDIT: Edited to make the text more readable.

[vinny]

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