Tier1 -> ILR - Applying for PBS Dependent, short of two y

[mat101]

Hello Gurus,

I need your help for my ILR and wife’s PBS Dependent Visa.

My visa is going to expire on 25-Nov-2012. I have PEO booking for ILR application for me only, on 2nd November 2012.

My wife entered UK in July 2011, so she is short of 8 months before she can apply for ILR. The plan was to apply for FLR(M) as I do have the booking for it. When I booked the FLR(M) PEO appointment, I was under impression that I have to apply for wife’s FLR(M), but I saw recent change in the PBS Dependent policy, updated on 1st October 2012. Because of the changes, I have dropped the plans to apply for my wife's FLR(M) and planning to apply PBS Dependent but there are couple of questions.

PBS (Dependant) Policy guidance (here) says that

1A. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also include those applicants who are applying for further leave to remain in the PBS dependant category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain.

From this 1A paragraph, it seems like my wife can apply for PBS Dependent instead of FLR(M).

So, can I apply for my ILR on 2nd-November-2012, and then after getting the ILR stamped, apply for wife’s PBS Dependent visa? I don’t have the appointment for PEO, so I will post the application if didn’t get the booking in time.

But the wording under 1A is a bit confusing i.e. when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain.

Does this mean that once the ILR is issued to me, my wife cannot apply via PBS dependent. As, I have now acquired ILR visa, invalidating the old Tier-1. Is this correct?

Does the above para means that me and my wife have to apply together? It looks OK to apply together via post (I can have both forms, documents and cover letters), but how does it fit the PEO booking..!
Do I need to take ILR booking with 1 dependant or do I need to take two appointments on same day i.e. one for ILR and one for PBS dependent. Then, in this case, how to use the shared documents e.g. Salary slips.

The other option can be, apply for my ILR on 2nd November 2012, and post my wife’s application for PBS dependent via post on 3rd November. What would be the validity/legality of the application in this case.

Any suggestions or experiences?

Thanks & Regards,
M@t

[mat101]

Hello Moderators,

Can you please move it to the Indefinite Leave to remain forum?

Seems like I posted it to different forum.

Regards
M@t

[geriatrix]

Your wife is not applying for ILR but FLR, so not relevant to be posted in / moved to ILR forum.

[mat101]

Hi sushdmehta,

Thanks. Its ok for me. Any comments on my case, please?

Regards
M@t

[geriatrix]

Dependants of ILR (economic, 5 year route) applicants
Read the relevant immigration rules, the links for which are also provided in the topic above.

Your partner's PBS leave will leave remain valid until the leave is curtailed (323) or expires, or when she is subject to removal.


To apply for settlement and PBS dependant leave in person, you'll need two separate appointments. If attempting to make both applications on the same day, you should book settlement appointment earlier than the PBS dependant appointment (with a gap of couple of hours between the two).