Spouse's two years stay for ILR short by 3 months plus

[Ravian1]

Hi, I am new to forum. I am Tier 1 migrant got my initial leave on 10 Feb 2009. But reached UK on 12 April 2009. I was granted 3 years leave upto 10 Feb 2012 which was extended upto 30 April 2014. My family wife and two daughters under 18 were given visa on 8 August 2012 expiring also on 30 April 2014 as mine, though they applied on 3 July 2012. But they reached here on 17 august 2012. When our leave expires my wife and children will have stayed 20 months and 13 days. I am confused as to make which application either for settlement or extension of leave for them. It is a big issue for me and I dont want to pay fee twice to bridge the gap of this period.I plan to apply in person at PEO Croydon. Can any one come forward with something concrete. It would be a big help.

[Ravian1]

Can someone come up with a reply. It is urgent.

[shargaur]

You have to apply for their FLR, its called further leave to remain. As they have entered the country after July 2012 when the rule changed from 2years to 5 years.

[Ravian1]

Thanks brother, as I mentioned their applications were submitted before 9th July 2012 though the visa was issued later. And I had got a clarification from Home office which said they fell in the old category means 2 years. My children have no issue, they can apply with myself. But for my spouse, she is short of 3 months and two weeks. I want to be clear how should I apply for her. I am planning to apply in person and once granted ILR can apply for her extension by post. Should I apply for her as a tier 1 general dependant or dependent of a settled person. Visa fee for the first category is more than double than the second.

[Amber]

If she was granted PBS dep leave after July 2012. Then I'm afraid she will be under the New Rules, a 5 year route to settlement.

[depquery]

Thanks brother, as I mentioned their applications were submitted before 9th July 2012 though the visa was issued later. And I had got a clarification from Home office which said they fell in the old category means 2 years. My children have no issue, they can apply with myself. But for my spouse, she is short of 3 months and two weeks. I want to be clear how should I apply for her. I am planning to apply in person and once granted ILR can apply for her extension by post. Should I apply for her as a tier 1 general dependant or dependent of a settled person. Visa fee for the first category is more than double than the second.

Hi

Could you please provide email id /number where you get clarification from UKBA that qualifying period will be 2 years .
I have same situation for dependent that visa granted before July 2012 but 1st travel made on September .
So just wanted to know if the qualifying period is 2 years or five years .
Also I heard even after main application got ILR dependent can still continue as PBS dependent no need to change visa status .
And can extend also as PBS dependent further if required .I someone have the link please forward .

[shargaur]

Here you go. I have been able to find out the rule. Travel date is not an issue, its the visa date applied on

You can only extend your ‘family of a settled person visa’ in this route if you:

applied as a partner before 9 July 2012
are not eligible to settle
have kept to the terms of your visa

https://www.gov.uk/remain-in-uk-family/eligibility

[Amber]

It's not the visa applied date at all!

For PBS deps, the date the leave was granted is the important date for the purpose of transitional protection.

[shargaur]

I am sure. its a visa applied date. because if the visa is approved, the visa applied date is counted

[Amber]

It is not. When leave is initially granted it's not granted from the application date but the date of decision, unless transitional provisions are in place to cover the applied for date.

[shargaur]

but your application is considered under the rule it was applied. For example if you apply your visa under a rule but rules changed during your application, but you will considered under the rules it was applied.

[Amber]

But the issue is, for PBS deps the transitional provisions under Part 8 are subject to the leave being granted before July 2012. It's not about applying under the existing provisions unlike that of spouse leave.

[Ravian1]

Thanks all for your response. I had made a phone call to Croydon office and explained the dates. And they said that it was the date when visa was first applied that would matter. If it was before 9th July 2012, then two year route would apply irrespective of the actual stamping date. We have been married for 18 years but my wife's stay in uk is short of just 3 months and two weeks. Is it possible to apply our joint ilr application through post and by the time decision is made in six months time, her two years condition would have been fulfilled. Or for myself and children we should apply for ilr and for her to get an extension. It is all too confusing.

[Amber]

I'm afraid it doesn't matter who you call you're not speaking to caseworkers. The rule appears to use the word granted, as do the transitional provisions, as opposed to applied.

Vinny, what so you think?

[vinny]

See also Query about Family Migration Rules July 2012.

[Amber]

It would be good if we had experience from those who applied for leave before July 2012 as a PBS dep and were actually granted leave after July 2012. Whether they had any issues applying under 319E(d)(i).

[depquery]

Can someone please forward the link where its mention if a person has applied as PBS dependent Entry clearance and Extension can continue to extend as PBS dependent not as FLR (M) . Because somewhere I read that after the main applicant get ILR if dependent switched to FLR(M) ,for dependent ILR clock been reset once again .
Also is there any restriction Dependent absence .

My Case is :1st entry clearance applied and approved April 2012 .

Travelled in Sept 2012 .

Out of UK Sept 2012

Came back for 3 months in 2013 .

Again Jan 2014 and PBS dependent extended Till feb 2017

Now main applicant will be eligible for ILR in Sept 2014 .
So confused when the dependent will be eligible for ILR .

[vinny]

319C and 319E.

[Ravian1]

I applied for ILR for myself and my daughters through premium service and was successful. I have applied now for my spouse extension as PBS dependant. As my dependants had applied before 9 July 2012, so they fall under old category irrespective of the fact they were granted visa after the new rules were in place.