Post
by asjakkas2 » Wed Jan 24, 2018 8:20 pm
Hello all experts ,
my wife has got dependant visa in November -2017 which is valid until December 2019. I am currently on Tier 2 General visa and eligible for ILR in June -2018.
my question is
1. once I get ILR from Tier 2 Migrant based on 5 year work permit route, Do I need to reapply my wife's visa as a dependant?
2. Can she continue on PBS dependant visa until it expires in December -2019 then can she apply to extend.?
Following is mentioned in document of "family member of PBS migrant" page 32
This page explains how to consider applications from family members of points-based
system (PBS) migrants where the PBS migrant has indefinite leave to remain (ILR) or British
citizenship.
If the PBS migrant holds ILR, this must be as a PBS migrant, and not for example under the
long residence rules.
If the PBS migrant is a British citizen, before that they must have held ILR as a PBS migrant.
Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a 5 year
probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British
citizenship before their partner has completed their 5 year probationary period, the partner
can still apply for further leave to remain as a PBS dependant rather than as the partner of a
settled person. If their application meets the requirements, leave to remain can be granted
for up to 3 years.
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. For more information see related link.
Does this mean My wife can continue on dependant and can extend in december 2019?
Any one knows answer to this because I know quite a few of us have been and will be in same situation?