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PBS Dependent to FLR(M) - Clock Reset?

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AO
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Joined: Fri Mar 16, 2012 9:15 pm

PBS Dependent to FLR(M) - Clock Reset?

Post by AO » Mon Mar 19, 2012 3:40 pm

Hi There:

My Tier1 General was converted to the ILR 3 weeks ago.

I understand my wife, who was a PBS dependent, now needs to change to FLR(M). We were planning to go out of the country in early April (all arrangements made) for a couple of months and I understand that she won't be able be able to re-enter on the PBS Dependent Visa even if it is valid.

I also understand - from answers read on the forum - that there is no 28 days limit for doing this. It must simply be done "as soon as possible."

I have three questions:

a) When she moves to FLR(M) does that re-set her residency clock back to zero (start all over again). Means her 1.5 years in UK have gone wasted. I am asking because I am getting conflicting opinions from both lawyers I've asked and this forum. Any authoratative answer and/or references?

b) If, due to certain circumstances, we cannot apply a PEO appointment before we leave, we'll have to apply an FLR(M) or equivalent from outside the country (Pakistan). Does that have any material change on her status (i.e. residency clock) or would hers be considered a continuous residency with some absence from the country?

c) If the residency clock doesn't changes when switching between different category dependent visas, or between applying while being inside the UK or outside, then when does the residency clock re-start? Presumably if the FLR(M) or equivalent is not applied "as soon as possible".

There is a chance that we might spend considerable more than 2 months outside UK, does that mean the clock will definitely start over. I am sure after a while the the previous residency will become immaterial but is there a threshold, 3 months, 4 months?

Highly appreciate a response from an experienced hand...

Best,
-A.

vinny
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Posts: 33283
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Mar 19, 2012 10:14 pm

Please continue in previous thread.
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