UKBA Report: re-entry on PBS Dependent Visa / Spouse has ILR

[AO]

Hi:

A while back I posted some queries regarding my ILR and the requirements to convert my wife's PBS dependent visa to FLR.

Today we had an appointment at Liverpool to go through that process. There was some glitch with her english language qualification (i.e. her qualification was not recognised for English Language requirements by the points calculator even though her degree and institution was recognised for qualifications points). Anyways, to keep it simple, our application was "returned" without charging us the fee (that's a good thing!) and my wife will need to take English Test to re-apply.

We also asked whether her existing PBS Dependent Visa has become invalid and what would happen if she goes out of the country (that we plan to do next week) and return back to UK. The Supervisor at the PEO -after consulting other staff - told us that her PBS Dependent Visa was still valid - and will remain valid until its expiry date or if somebody from UKBA went into the system and expressedly invalidated it. If they did that, they'll write to her and inform her that her leave to remain is being curtailed and why.

As per his knowledge, since no such thing is done, her PBS Visa is still valid and she shouldn't have difficulty entering into the country on that visa. He did say, however, that the immigration person at the entry point may ask why she hasn't changed her visa status after her husband's visa status has changed to ILR and she could explain that she has legitimately tried and failed and is trying to fullfill the requirements but that is not a strong enough ground for the immigration staff to deny her entry into UK.

I don't know what to think of this explanation. I am happy that I wasn't charged £867 for this advice today. I am little bit more comfortable now taking a chance to return back to the UK with my wife still carrying a PBS Dependent Visa. She'll probably do the English Test first thing after we go to Pakistan so that we have that in hand when we come back.

Don't know what else to think. The PEO supervisor sounded very convinced and knowledgeable. So, I want to believe him. But Immigration Officials at entry points have their own minds.

What do you guys think of this advice?

Best,
A.

[os2012]

Hi:

A while back I posted some queries regarding my ILR and the requirements to convert my wife's PBS dependent visa to FLR.

Today we had an appointment at Liverpool to go through that process. There was some glitch with her english language qualification (i.e. her qualification was not recognised for English Language requirements by the points calculator even though her degree and institution was recognised for qualifications points). Anyways, to keep it simple, our application was "returned" without charging us the fee (that's a good thing!) and my wife will need to take English Test to re-apply.

We also asked whether her existing PBS Dependent Visa has become invalid and what would happen if she goes out of the country (that we plan to do next week) and return back to UK. The Supervisor at the PEO -after consulting other staff - told us that her PBS Dependent Visa was still valid - and will remain valid until its expiry date or if somebody from UKBA went into the system and expressedly invalidated it. If they did that, they'll write to her and inform her that her leave to remain is being curtailed and why.

As per his knowledge, since no such thing is done, her PBS Visa is still valid and she shouldn't have difficulty entering into the country on that visa. He did say, however, that the immigration person at the entry point may ask why she hasn't changed her visa status after her husband's visa status has changed to ILR and she could explain that she has legitimately tried and failed and is trying to fullfill the requirements but that is not a strong enough ground for the immigration staff to deny her entry into UK.

I don't know what to think of this explanation. I am happy that I wasn't charged £867 for this advice today. I am little bit more comfortable now taking a chance to return back to the UK with my wife still carrying a PBS Dependent Visa. She'll probably do the English Test first thing after we go to Pakistan so that we have that in hand when we come back.

Don't know what else to think. The PEO supervisor sounded very convinced and knowledgeable. So, I want to believe him. But Immigration Officials at entry points have their own minds.

What do you guys think of this advice?

Best,
A.

Hello friend, I am in the same situation as you. Did your wife got a re-entry in the UK after visiting Pakistan because of PBS Dependent Visa ? Thanks for your reply.