ILR - PBS migrant + dependant

[CSREDDY25]

Dear Members,

First of all I can't thank enough all the people who are contributing in this forum. It is such a wonderful forum with lot of information. Really appreciate the time and hard work of the moderators and senior members.
Could you please advise

I am on tier 1 gen visa.Me and my wife are living together in the UK since last 7 years. My wife would be applying for Tier 1 dependant end of July from India. I would be eliglible for ILR in sept 2013.

Will my spouse qualify with me for ILR?

Query following the recent changes in the immigration rules:

Previous rules: Spouse must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
and the dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".

Current rules:Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period" .Does This 5 year period be as a dependant or can it be as a cohabitation?

[geriatrix]

You missed noticing and pasting the key part of the sentence:

Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period" as a dependant.

[CSREDDY25]

Thnx for going through my query and many thanks for getting back so quickly.

Our immigration history was a sort of mess.
When we originally came to UK in August 2005, my wife was on work permit and I was her dependant. But later she spent 190 days outside UK in 2008 during her pregnancy and due to that reasons her ILR was refused, when she applied in august 2010. She then apparently appealed the case and has won the case on human rights grounds, so Discretionary Limited to Remain Visa was granted,which is valid until Jan 2014. ( Our daughter is also currently on the same visa as my wife).

During the process of her maternity leave in India , i happened to apply for Tier-1 Gen Entry clearance visa from India and I subsequently extended it in UK ,which is valid until oct 2013.

In order that we can all apply together for ILR in sept 2013, we planned to change my wifes and daughters status to Tier-1 dependants and hence booked tickets to india and also booked VFS appointment in Hyd on 23rd July. We were unaware of the new rules until yesterday, which was apparently late.

Now because of the 5 years rule , I am not clear that whether 5 years has to be spent as PBS dependant or 5 years cohabitation will be enough?

Many thanks again for going through my query.Much appreciate it.

[geriatrix]

Having read your earlier posts, I became aware of the DL status of your family - so did no longer need the details I asked earlier. Hence, edited my response ..... to provide the answer you are looking for.

Guess, I was editing and your were posting a response (to my queries) almost at the same time.

Read the response above.

[CSREDDY25]

You missed noticing and pasting the key part of the sentence:

Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period" as a PBS dependant.

Hi Sushdmehta,

Thnx for the reply. I think i did miss the key part of the sentence, which do actually answer my query. The fact is actually quiet harsh that my wife can only apply for ILR in 2017 by missing the deadline by 2 weeks.

So, now the procedure for my wife is Tier-1 Dependant in India-then FLR(M) in UK once i get ILR and then after further 4 years she can apply for ILR. Am i right? when she apply for FLR (M) next year ,will her FLR (M) be issued for 5 years to cover the eligibity for ILR? Further down the time period , when i apply for citizenship does she need to again change the status from ILR dependant to Citizen dependant?
Thanks for your advise.

[geriatrix]

Entry clearance as PBS dependant = expire date will be same as your PBS leave.
FLR(M) leave to remain application = period of leave will be 30 months.

She may need second FLR(M) extension or may be able to apply for settlement without needing one, depending on the expiry date of your current PBS leave and when she may switch to FLR(M). Leave granted to spouse of settled person and to spouse of a British citizen is the same.

[CSREDDY25]

Entry clearance as PBS dependant = expire date will be same as your PBS leave.
FLR(M) leave to remain application = period of leave will be 30 months.

She may need second FLR(M) extension or may be able to apply for settlement without needing one, depending on the expiry date of your current PBS leave and when she may switch to FLR(M). Leave granted to spouse of settled person and to spouse of a British citizen is the same.

Thank you very much. Very helpful . Really appreciate your time.

[CSREDDY25]

Entry clearance as PBS dependant = expire date will be same as your PBS leave.
FLR(M) leave to remain application = period of leave will be 30 months.

She may need second FLR(M) extension or may be able to apply for settlement without needing one, depending on the expiry date of your current PBS leave and when she may switch to FLR(M). Leave granted to spouse of settled person and to spouse of a British citizen is the same.

Thank you very much. Very helpful . Really appreciate your time.

Hi Sushdmehta..
Could you please let me know if my daughter would get ILR at the same time as me?. She was born in India and she would be on my Tier 1 Dependant visa by the time we apply for the ILR in sept 2013.

Thank you.

[geriatrix]

Yes, if at the time of such application your wife will be in UK (319J(e)).

In such case, include the child in your settlement application as a dependant.

[CSREDDY25]

Yes, if at the time of such application your wife will be in UK (319J(e)).

In such case, include the child in your settlement application as a dependant.

Thank you very much.

[CSREDDY25]

Dear Mehta.,

Trust u r doing fine..Could u please advise me regarding the recent changes in the immigration rules, pertaining to ILR for dependant spouse..

Initially when the changes were made they said that co-habitation needs to be 5 years continuously as a dependant of a tier 1 visa holder. Now based on the below statement of changes: does it mean co- habitation can be on any other visa as long as dependent is a tier 1 dependant of a point based system migrant at the time of application of ILR..
I am sorry ant the long message but I have included the link and also copied the changes..
Please correct me if my understanding was wrong..very much appreciate your help..

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http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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Delete paragraph 319E(b) to (d) and substitute:
“(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):



(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.”.

[geriatrix]

The change adds the following (new requirement) to the one that existed before:

If someone has applied for a "PBS dependant visa" for the very first time after 08-Jul-12, then the applicant will need to complete 5 years in the UK as "dependant of the principal PBS migrant" before becoming eligible for settlement.



Exactly what I had mentioned in my very first response in the topic.

You missed noticing and pasting the key part of the sentence:

Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period" as a dependant.

[CSREDDY25]

Many thanks for your reply Mehta..

Previous changes clearly mentioned that cohabitation definetly need to be as a dependent for 5 years but the following points ( recent changes ) says most recent part of the 5 year period need to be as partner of tier 1 dependant and the remaining part as a spouse and it didn't mention whether the remaining part is as a tier 1 dependant.

i am relly sorry if i wasn't reading and understanding correctly..could u please clarify..very much appreciate ur help..

thanks again..


(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, as the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules.”.

[CSREDDY25]

Sorry i think its clear..that dependant needs to be residing as a spouse of the relevant points based migrant..

[geriatrix]

Yes.