PBS Dependant Form or FLR (M) for ILR Dependant

[pardeep01]

My wife does not need to wait wife years, not even 3 because she came before rule changes of July 2012, so she will be eligible to apply for ILR in Feb 2014 (after 2 years of her first entry into UK).

Had she come after July 2012 then under the new rules she had to be here for 5 years, which would have meant another extension.

I hope this answers your question.

Thanks Mustafa for your reply.

Yes, she got the visa in November 2012 and came to UK in Jan 2013.
this is cleared that I would have to fill up PBS dependent application for her.
However I called UKBA to verify ILR qualifying period for her, I did around 5 or 6 calls just to verify that thing and most of the advisors say...she would be eligible to submit ILR application after 2 years except one of the advisor who told me she would have to wait for 5 years.

Too much contradiction, whenever you call them everytime you will be getting different answer.
I am thinking to book an appointment for myself 1st so i could ask case worker regarding this issue.
my only concern is, if she would have to wait for 5 years, then why we should apply for PBS dependent application which is more costly that FLR(M).
Instead of PBS dependent we should go for FLR(M), correct me if i am wrong?

[mustafa.hamdani]

Thanks Mustafa
Big difference between PBS Dependant Tier 1 and FLR(M)

Any major disadvantages of goign for FLR(M) for the wife, She has a UK University Masters degree which should cover English requirements(i hope) and my income is good enough to cover us both.

Just like to get some opinions please

@fannofler Unfortunately, I'm not an expert on this matter but I think it depends on personal circumstances/preferences but following are the couple of things I'd consider if I'm in your shoes:

1. Is your wife on 2 years or 5 years ILR qualifying track? Changing visa category from PBS dependant to FLR(M) would restart the qualifying period or change it to 5 (if she is on 2 right now) or not?

2. What will be the difference in requirements (not only right now but also when she will eventually apply for ILR) if you change the category and how easy it is to fulfil them? I'd go with the one which has easier requirements because I don't know what future holds, even if you can fulfil both right now (although this is debatable point because of the rate it which requirements are changing these days ).

3. What is the length of visa on FLR(M) as opposed to PBS dependant (which I know is 3 years)?

There are lots of people on this forum, who are very knowledge, so I think they will be able to give some better advise.

[mustafa.hamdani]

Thanks Mustafa for your reply.

Yes, she got the visa in November 2012 and came to UK in Jan 2013.
this is cleared that I would have to fill up PBS dependent application for her.
However I called UKBA to verify ILR qualifying period for her, I did around 5 or 6 calls just to verify that thing and most of the advisors say...she would be eligible to submit ILR application after 2 years except one of the advisor who told me she would have to wait for 5 years.

Too much contradiction, whenever you call them everytime you will be getting different answer.
I am thinking to book an appointment for myself 1st so i could ask case worker regarding this issue.
my only concern is, if she would have to wait for 5 years, then why we should apply for PBS dependent application which is more costly that FLR(M).
Instead of PBS dependent we should go for FLR(M), correct me if i am wrong?

@pardeep1 As far as I understand your wife will need to wait 5 years to apply for ILR, may be someone else on the forum can give any better advise or another option is professional advise and I think you can probably get answer to your question for free from some solicitor (but I'm not sure because I've never used any).

As far as a decision between PBS dependant extension or FLR(M) is concerned, its your decision but my advise will be same as I've given to @fannofler in my previous post.

[fannofler]

thanks Mustafa

Thanks Mustafa
Big difference between PBS Dependant Tier 1 and FLR(M)

Any major disadvantages of goign for FLR(M) for the wife, She has a UK University Masters degree which should cover English requirements(i hope) and my income is good enough to cover us both.

Just like to get some opinions please

@fannofler Unfortunately, I'm not an expert on this matter but I think it depends on personal circumstances/preferences but following are the couple of things I'd consider if I'm in your shoes:

1. Is your wife on 2 years or 5 years ILR qualifying track? Changing visa category from PBS dependant to FLR(M) would restart the qualifying period or change it to 5 (if she is on 2 right now) or not?
my wife is on 2 year qualifying route as she came to UK in Jan 2012 on Tier 1 Dependent visa which expires dec 3 2013 (same as mine). Does switching to FLR(M) reset / change her qualyfing status. Please can someone confirm 2. What will be the difference in requirements (not only right now but also when she will eventually apply for ILR) if you change the category and how easy it is to fulfil them? I'd go with the one which has easier requirements because I don't know what future holds, even if you can fulfil both right now (although this is debatable point because of the rate it which requirements are changing these days ).
she qualifies for both flrm nd PBS tier but i guess you are correct to consider future regarding ILR

3. What is the length of visa on FLR(M) as opposed to PBS dependant (which I know is 3 years)?i believe its 3 yrs on both

There are lots of people on this forum, who are very knowledge, so I think they will be able to give some better advise.

[mustafa.hamdani]

@fannofler what is the exact date on which your wife arrived in UK?

If it is within 28 days of 3rd of Dec (which I strongly suspect is not the case), then she can directly apply for ILR with you otherwise, unfortunately, I think you'll need another extension for few days before she can get ILR too and in that case I don't see any reason to go for FLR(M).

May be best to get some professional advise because I think you might be able to save the cost of getting extra extension and directly apply for ILR but I don't know how can you do it.

[fannofler]

unfortunately its not within 28 days..she came to the UK on 21st jan 2012 (((

So you are certain if she switches to FLR(m) instead of extending PBS Tier 1 dependant then her 2 year period starts again.