PBS Dependent or FLR(M) visa.

[nkm3]

Hi All,

We urgently need advice on my wife's application.
We are seeing a lot of conflicting rules around switching visa category in UK.

1) My wife is on her own independent Tier 1 (General) visa. Note: She does not have entry clearance as my dependent.
2) I want her to become my dependent. I am on my own Tier 1 (General) visa and am eligible for ILR this month.
3) Can she apply for PBS dependent when I apply for my ILR this month.
There is a rule in in document (Immigration Rules Part 8 https://www.gov.uk/government/uploads/s ... Part_8.pdf
) 319C (Requirements for entry clearance or leave to remain)
Point iii under that states that the applicant (the dependent) was last granted leave:
1) as the partner of the same Relevant Points Based System Migrant: or
2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person has leave under another category of these Rules.

4) If she cannot apply for PBS dependent can she apply for FLR(M).

Can someone please help.

thanks
Neeraj

[vinny]

See also Switching to ILR dependant from Tier 2 visa and Swtiching from Tier 1 to Tier 1/ILR Dependent whithin UK?