Extension as PBS Dependent/FLR M(ILR Dependent)



  • Recently my husband got his ILR visa (ILR on 5 years route) and I am about to apply for my visa extension as his dependent.
    Please need few clarifications:

    1. I am in UK for past 2.5 years, and I need 2.5 years more stay to get eligible for ILR.
      which application is more appropriate among PBS dependent/FLR M?
    2. First time I got my visa from Feb 2013 to Sep 2015 (as my husband got his tier2 visa for 3 years from sep 2012 to sep 2015)
      My question is if I go for PBS dependent extension, can I get 2.5 years of visa this time??
    3. If I go for FLR M , I may get for next 2.5 years
      but I heard if I apply for FLR M , my ILR clock will set to 0 from now and I need to finish 5 years again from date I apply FLR M to get eligible for ILR????

    Please reply ASAP and thank you in advance.


  • Immigration Adviser

    Hi @radhi,

    Your understanding is correct.

    A PBS dependant visa would allow you to qualify for ILR sooner because switching to a Spouse visa would reset your continuous period of leave accrued as a PBS dependant and you would have to complete 5 years on a Spouse visa to qualify for ILR through the Partner route, which cannot be combined with time spent as a PBS dependant.

    If you extend your PBS dependant visa now that your husband has been granted ILR as a PBS migrant, you will be granted 3 years.



  • Thank yo very much, information is much helpful for me.

    One more question is we havn't maintained any funds till date (as we thought of going for FLR M). But now we decided to go for PBS dependent extension, my question is do we need to show any maintenance funds for PBS dependent of Settled Person.

    Thankss again and reply asap.


  • Immigration Adviser

    Hi @radhi,

    No problem! If you will be making a PBS dependant extension, you will need to meet the requirements of this visa as before. The maintenance requirement for the dependant of a Tier 2 General migrant is £630 held for a consecutive 90 day period. Maintenance cannot be certified by the sponsor employer if the main applicant has indefinite
    leave to remain.



  • Thanks for your reply.
    Problem is we haven't maintained funds for consecutive 90 days. But luckily have some funds(around £800) in my husband account from July 2nd, 2015 and my visa expiry date is September 9th, 2015. Consecutive 90 days period reaches by October 2nd, 2015.
    1)Can I apply my visa within 28 days after visa expiry date and if I apply after expiry visa date 2)Do I need to submit any explanation letter for my delay of visa extension and are there any chances of visa refusal under late submission?
    thanks in advance and reply asap.


  • Immigration Adviser

    Hi @radhi,

    As your situation is more complicated, please direct your query to us by email.

    We look forward to hearing from you.

    Rebecca



  • Hi @radhi,

    Could you update us whether your application was successful as PBS dependent extension? I am in same situation as yours and need 2.5 years extension. However, i have mixed opinions about whether switching to FLR (M) resets the counter. Could you pinpoint to law stating that it does reset the counter to 0?

    -Jigar
    justjigar@gmail.com


  • Immigration Adviser



  • @radhi

    Hi radhi,

    regarding your maintenance , what did you do. i am in the same situation. my wife visa expires and i am on ILR. we couldn't maintain 90 days fund. but i got my salary coming in around 3k a month to account and spending everything for all our rents and other living expenses. still can i submit with my bank statment to extend the pbs depedant visa. please advise me some one if possible.

    thanks

    hassan



  • Hi @Rebecca,

    I'm new to this forum.
    I became a British Citizen in October 2014. My wife is still in a Tier 1 (General) dependent VISA and it is due to expire on October 2016. She already completed 4 years and few months in UK as Tier 1 dependent and she is in 5 year route for ILR.
    By mistake, we forgot to maintain £630 pounds in her account. Once I realised this, I transferred relevant money to her account beginng of August. But still it is not enough to cover 90 days before her visa expired. I just want to know, can I show my account balances of £630 for her visa. I'm doubt because I'm already a settled person and NOT an applicant at this stage.
    Any advice would be great. (hint: either use 28 days grace period / FLR(O) etc.



  • Hi,

    It would be great if anyone can give me some advice on query please.

    KR



  • My husband is going to apply for his ILR after being on Tier 2 visa for 5 years. I came to the UK in December 2012 as his dependant and hence I'm not yet eligible for ILR as I have only spent 4 years here. My visa expires in one year time. Do I need to reapply or change my visa when my husband moves to ILR?
    Or I just apply for an extension next year when my visa expires? Which means I don't do anything now and wait till next year.



  • @sra
    did you get any answer for this?
    I am in same situation.
    Your reply is very much appreciated.

    Thank you


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