PBS Dependant to FLRM (Spouse) Post Dec 2012 Applicants

[ErrorFound]

Dear All,

I am currently awaiting decision for ILR. My spouse came here as a Tier1 PSW dependant in Aug 2013 which is valid until Aug 2014. She had PSW visa before that but had to leave the country and apply from outside as my dependant.

I only have one question,

After I receive my ILR (hopefully soon), do we have to apply using FLRM (spouse) straight away or can we apply in August 2014?
The reason I ask this is because we have to show 6 months earnings and meet 18600 threshold requirement. The earliest we can prove that is in July 2014.

Any help appreciated.

[SSWSZ]

You can apply for flr(m) anytime but before the visa expiry date .

[ErrorFound]

You can apply for flr(m) anytime but before the visa expiry date .

Thanks for the reply SSWSZ. I see there is a lot of confusion http://www.immigrationboards.com/indefi ... ml#p999253

I agree with you but some members say otherwise. It's just confusing.

[SSWSZ]

Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

From: saher . [mailto:saher_710@hotmail.com]
Sent: 14 December 2013 20:31
To: Settlement Ops Policy Mailbox; Public Enquiries (CD)
Subject: ILR QUERY

Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

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This is the mail from home office you can clearly read that the procedure is first apply flr(m) and then set (m) .it didn't say that visa will be invalid after 28 days .i myself got visa no problem at all .but if you are still confuse just call home office .