ILR for PBS Dependant set O

[hsnnh]

Hi, I am preparing to apply for my ILR soon. My wife has been my spouse under my Tier 2 VISA since 2015, however she won't meet the 5 years requirement for ILR while both our Tier 2 / dependant VISA are ultimately expired.

I am filling the online application form for myself. I noticed that I can add her as a SET(O) partner, but there isn't an option to select her status as an dependant.

I would like to know what should I apply for her while I am applying for my ILR? And If I should make a fill in a separate application for her?

Thanks everyone in advance!

[CR001]

You cannot add her to your set O form. She is not applying for ILR.

She has to apply on the pbs dependent form for an extsnsion.

When does her visa expire?

[hsnnh]

She has to apply on the pbs dependent form for an extsnsion.

Do you mean I should make a separate application for her?
But is it possible to submit my ILR application and her dependant VISA application at the same time?

When does her visa expire?

Her current PBS Dependant VISA expire in May 2020.

My Tier 2 VISA expire on the same day. If I get my ILR before, does it make her current VISA become invalid?

Thanks.

[CR001]

Do you mean I should make a separate application for her?

Yes. You cannot add her to your ilr set O form.

But is it possible to submit my ILR application and her dependant VISA application at the same time?

Yes but her application for a tier 2 Extension will be put on hold until your ilr is decided

Her current PBS Dependant VISA expire in May 2020.

Why do you want to apply for extsnion now, almost a year early??

My Tier 2 VISA expire on the same day. If I get my ILR before, does it make her current VISA become invalid?

No, her visa does not become invalid.

[hsnnh]

Why do you want to apply for extsnion now, almost a year early??

I am personally entitled to apply for ILR now, and if my wife's VISA expire in May 2020, she is still not yet entitled to apply for ILR.

I have been told by two different solicitors that she will then have to start over the 5 year residency period once I have my status changed to ILR / she become a spouse on the basis of my ILR. That's why we think that we should apply together ASAP to shorten the actual time for her to eventually become entitled to ILR status.

No, her visa does not become invalid.

That's what I am very confused. As mentioned above, two different solicitors mentioned she should apply together with me. And her BRP card status is PBS Dependant.

When my ILR is granted, does it mean my Tier 2 PBS status is no more, therefore her PBS dependant status is also not valid?

Thanks!

[hsnnh]

Hi, found these two statements on the board and a gov.uk document.

Does it mean that after I have my ILR, and even my current PBS Tier 2 General is expired in May 2020,
my wife can still extend her VISA as a PBS dependant?

immigration-for-family-members/dependan ... 14832.html

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319E). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement, unless switched back?

https://assets.publishing.service.gov.u ... .0ext.pdf
P.29

Dependent partners of PBS migrants or Innovators 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 or Innovators 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.

THANKS!

[CR001]

I have been told by two different solicitors that she will then have to start over the 5 year residency period once I have my status changed to ILR / she become a spouse on the basis of my ILR. That's why we think that we should apply together ASAP to shorten the actual time for her to eventually become entitled to ILR status.

The solicitors are wrong. The rules allow PBS Dependents to continue on their visas if the main PBS migrant get ILR based on PBS route. See link below for PBS Dependents of ILR holders via PBS route. The ONLY time a PBS Dependent has to change visas is if the main PBS migrant applies for ILR based on 10 years long residence. The rules are very clear about this and have been since April 2014.

immigration-for-family-members/dependan ... 14832.html

That's what I am very confused. As mentioned above, two different solicitors mentioned she should apply together with me. And her BRP card status is PBS Dependant.

She does NOT have to apply when you apply. You are being given totally incorrect advice. She can apply for an extension shortly before her current visa expires.

When my ILR is granted, does it mean my Tier 2 PBS status is no more, therefore her PBS dependant status is also not valid?

NO!! She can remain on PBS dependent visa. The Immigration Rules allow this. See the link above.

[hsnnh]

There is NO financial or maintenance requirement for Set O and your employment is irrelevant.

Hi, I am working on my wife's SET(O) form.

If there is no financial requirement for PBS dependant 5 years route.
Does it mean I should choose "NO" for the document section:
"Does the account with the bank or utility company for which you have supplied information and supporting documentation related to another person who is to provide you financial support?"

And we do not need to provide the Part 3 consent?

Thanks!

[zimba]

Correct