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Pbs Dependant Extension While Main Applicant Has Ilr


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#1 kashif

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Posted 06 November 2012 - 12:48 AM

Dear Sir/Madam ,


I need your help for my wife’s PBS Dependent Visa.

My visa is going to expire on 24-December-2012. I have PEO booking for ILR application for me only, on 13th December 2012.

My wife entered UK in June 2012.The plan was to apply for FLR(M) as I do have the booking for it. When I booked the FLR(M) PEO appointment, I was under impression that I have to apply for wife’s FLR(M), but I saw recent change in the PBS Dependent policy, updated on 1st October 2012. Because of the changes, I have dropped the plans to apply for my wife's FLR(M) and planning to apply PBS Dependent but there are couple of questions.

PBS (Dependant) Policy guidance (here) says that

1A. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also include those applicants who are applying for further leave to remain in the PBS dependant category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain.

From this 1A paragraph, it seems like my wife can apply for PBS Dependent instead of FLR(M).

So, can I apply for my ILR on 13th-December-2012, and then after getting the ILR stamped, apply for wife’s PBS Dependent visa Extesnion? I don’t have the appointment for PEO, so I will post the application if didn’t get the booking in time. ? Can I do like this ?

But the wording under 1A is a bit confusing i.e. when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain.

Does this mean that once the ILR is issued to me, my wife cannot apply via PBS dependent. As, I have now acquired ILR visa, invalidating the old Tier-1. Is this correct?

Does the above para means that me and my wife have to apply together? It looks OK to apply together via post (I can have both forms, documents and cover letters), but how does it fit the PEO booking..!
Do I need to take ILR booking with 1 dependant or do I need to take two appointments on same day i.e. one for ILR and one for PBS dependent. Then, in this case, how to use the shared documents e.g. Salary slips.

The other option can be, apply for my ILR on 13th december 2012, and post my wife’s application for PBS dependent via post on 13th or 14th december. What would be the validity/legality of the application in this case.

I am so much confused.

Any suggestions please?


Thanks & Regards,



#2 Visa Direct

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Posted 06 November 2012 - 10:42 AM

If unsure after reading the guidance you should possible get legal assistance.

#3 kashif

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Posted 06 November 2012 - 04:56 PM

If unsure after reading the guidance you should possible get legal assistance.


Thanks for your reply.

I would like to just add one point here that we all on this forum look for someone who is experienced and have same experience or scenario to help us.
Obviously the paid legal assistance is always there.But the main purpose on this forum to is get the suggestions or advice from other people.

SO is there any who can assist or give suggestion please.

Thanks

#4 Victoria

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Posted 13 November 2012 - 06:36 PM

By the lack of response from anyone else, I'd say you should get professional assistance as recommended.




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