13 replies to this topic

[kashif]

Hi Experts,

I have got my ILR just yesterday and now i need to apply for my wife as PBS dependant. I have got one confusion about the question M2 and M5 in the PBS Dependent form.
Please could someone tell me what to answer in these questions because i have got ILR now.

Thanks in anticipation !

[Victoria]

If you have ILR then your wife is not a PBS dependent.

[kashif]

why not ...

she joined me before 9th July as dependant visa.As per 319c and 319d rules she could apply for PBS Dependant extension for three years visa.

Please advise now if i am wrong

[Victoria]

Because you are no longer a PBS holder.

[kashif]

Victoria, on 18 December 2012 - 08:28 AM, said:

Because you are no longer a PBS holder.

introduction
1.  This document provides policy guidance for family members of a PBS migrant. It reflects policy
at the date of publication and we may change it. It should be read together with paragraphs 319A
to 319K of the Immigration Rules. For the purpose of these guidance notes, the terms ‘we’, ‘us’
and ‘our’ refer to the UK Border Agency. When we refer to ’you‘ or ’your‘, this means the PBS
dependant.
2.  You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules, and you are:
•  the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the
Points Based System; or
•  the spouse or partner of a person with indefinite leave to remain or British Citizenship
who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for
indefinite leave to remain; or
•  the child of a person with indefinite leave to remain or British Citizenship who last held
leave in Tier 1, 2, or 5 of the Points Based System and:
o  your other parent does not yet qualify for indefinite leave to remain; and
o  you last held leave as PBS Dependant granted on or after 9 July 2012.


What will you say about the bold text from PBS Gudence policy Page 1

http://www.ukba.home...antspolicy1.pdf

[Victoria]

I say that if you want to apply then go for it.  I have given my advice.

[kashif]

Victoria, on 19 December 2012 - 03:17 PM, said:

I say that if you want to apply then go for it.  I have given my advice.

Thanks for your advice.I have got my ILR approval letter but not the BRP card.Can i apply for my dependent with just orignal ILR approval letter.The reason is my wife visa will get expire on 24 Dec 2012 and there is weekend ahead too.Please advise what should i do ?

Thanks

[Victoria]

You obviously have to apply before her visa expires.

[pozsonyi]

kashif, on 17 December 2012 - 12:15 PM, said:

Hi Experts,

I have got my ILR just yesterday and now i need to apply for my wife as PBS dependant. I have got one confusion about the question M2 and M5 in the PBS Dependent form.
Please could someone tell me what to answer in these questions because i have got ILR now.

Thanks in anticipation !

In your wife's application I would put:
M1 = no
M4 = yes
M5 - the immigration category you were in when you applied for ILR

they will pick up that you have ILR from the ref. No. given under C4.

Presumably your wife hasn't been in the UK for two years yet?

[kashif]

pozsonyi, on 21 December 2012 - 09:01 AM, said:

kashif, on 17 December 2012 - 12:15 PM, said:

Hi Experts,

I have got my ILR just yesterday and now i need to apply for my wife as PBS dependant. I have got one confusion about the question M2 and M5 in the PBS Dependent form.
Please could someone tell me what to answer in these questions because i have got ILR now.

Thanks in anticipation !

In your wife's application I would put:
M1 = no
M4 = yes
M5 - the immigration category you were in when you applied for ILR

they will pick up that you have ILR from the ref. No. given under C4.

Presumably your wife hasn't been in the UK for two years yet?

Thanks a lot for such a detailed reply.I really appreciate.Yes She is going to apply for PBS Dependent Visa because has not completed two years yet.

Please could you let me know


If i apply her visa on last of the visa expiry date 24 December 2012,will it be fine ?

or

You recommend to apply on Friday as Special next day delivery with covering letter stating we have not received the BRP yet and will later send as soon recieved ?


Victoria what will be your thought ?

Thanks