ILR or FLR(M)

[redbull110]

Dear Respected Modetrators and Members,

I need to know which category applies on my wife whose PBS dependant visa in expiring. She is dependant on me and I am a British NAtional with a kid who is British national as well.

Timelines of my wife are as follows:

a.Married in February 2011 outside UK and I was on Tier-1 General at that time and my wife had PSW visa.
b.She travelled to UK in April 2011 on her PSW Visa
c. We lived together until her PSW expiry date i.e. 7th April 2012.
d. She then went back to the home country and then applied for Tier-1 Dependant visa after 9th July 2012 which was refused once due to maintenance statement issue, followed by approval once re-applied.
e. Got the Tier-1 Dependant visa from Jan 2013 till Oct 2013.
f. In Oct 2013 I got qualified for ILR so I sent my ILR case along with my wife's visa on a PBS Dependant form.
g. I received my ILR in Jan 2014 and she got the PBS Dependant visa from Jan 2014 til Jan 2017.

Now my question is , does she qualify for ILR or should I extend her stay by using FLRM? Also does the NHS Surcharge applies on her? IF it does then from which year?

Thanks

Regarsds,

REDBULL

[CR001]

Now my question is , does she qualify for ILR or should I extend her stay by using FLRM? Also does the NHS Surcharge applies on her? IF it does then from which year?

No, she does not qualify for ILR. She needs 5 years residence as PBS Dependent. Extend her visa on Tier 1 Dependent form. Applying on FLR(M) will reset her clock to zero.

Yes she will have to pay the IHS charge and is only applicable for her next extension application.

[redbull110]

Many Thanks CR001.

So just to confirm, even though she has been a PBS dependant of a British National since past 1.5 years(As I got naturalised 1.5 years back), she will be fine to apply for an extension on Tier-1 Dependant form which is as follows:

https://www.gov.uk/government/uploads/s ... m-1-17.pdf

And for IHS Surcharge, this applies from the time she was granted her last elave as a PBS dependant which was from Jan 2014 till Jan 2017? And the amount needs to be paid at this point of her extension which is coming in next couple of days.

Thanks once again.

Regards,

REDBULL

[CR001]

Many Thanks CR001.

So just to confirm, even though she has been a PBS dependant of a British National since past 1.5 years(As I got naturalised 1.5 years back), she will be fine to apply for an extension on Tier-1 Dependant form which is as follows: Correct, provided you got ILR based on Tier 1 G ith 5 years residence and not ILR based on long residence.

https://www.gov.uk/government/uploads/s ... m-1-17.pdf

And for IHS Surcharge, this applies from the time she was granted her last elave as a PBS dependant which was from Jan 2014 till Jan 2017? And the amount needs to be paid at this point of her extension which is coming in next couple of days. She pays ONLY for the extension application she will make, which will be granted for 3 years so will have to pay £600. She DOES NOT pay for the past years.

Thanks once again.

Regards,

REDBULL

[redbull110]

Many Thanks CR001.

Just the last question regarding maintenance on PBS dependant form.

Can I attach my bank statement for the maintenance period as my wife doesn't work at all and I take care of all the household financial needs?

Regards,

REDBULL110

[CR001]

Many Thanks CR001.

Just the last question regarding maintenance on PBS dependant form.

Can I attach my bank statement for the maintenance period as my wife doesn't work at all and I take care of all the household financial needs?

Regards,

REDBULL110

Yes.