Dependants of Tier 2 ILR applicant

[lence]

Hi
I'm due to apply for ILR in November 2015 on 5 years route Tier 2 general visa.
My husband and my daughter joined me in 2011 as dependants
My question is: my husband's English is not good and he cannot pass the English test to satisfy the criteria
He will be 65 years old next year in December, therefore he will be exempt from KOL and Life in UK tests
What is the best to do, his visa expires June 2016, can he go back in our country and apply from there in December next year and what visa he should be applying for or something else we need to do?
Many thanks

[Casa]

Would he not be able to pass a basic A1 level English test for a FLR(M) spouse extension once you have ILR?

[lence]

I don't think so, his spoken English is very basic and considering his age, difficult to learn

[CR001]

Apply for PBS Dependent extension within the UK before his current visa expires, then soon after he turns 65, apply for his ILR. He will have a valid visa after extension so can apply for ILR as he then won't need English B1 or LIUK.

[lence]

Thank you for your respond, however can he apply as PBS dependant once I get ILR?

[vinny]

It's permitted under 319C and 319E.

However, unfortunately, a caseworker apparently had difficulties in understanding the Immigration Rules.

[lence]

Thank you, however I was told that my dependents cannot apply for extension as long I have ILR, that would be wasted time and money. Can my husband apply from our home country for visa to join us and what visa should be? Thank you

[vinny]

If he has leave as your PBS dependant, then he may extend as your PBS dependant until he is eligible for ILR.

Your daughter may be included in your ILR application.

[lence]

Thank you Vinny, sorry for my silly questions, can you please clarify one more time
1. I'll apply for ILR in November 2015 (hopefully I'll get it)
2. My husband has PBS dependent visa valid till June 2016 and will apply for extension
3. Can he get one year extension only?
4. If yes, he can apply for ILR lets say 2017 and avoid LIUK and KOEL
Sorry again, but is very confusing and complicated
Thank you

[vinny]

After you are granted ILR as a Relevant Points Based System Migrant, he may extend shortly before his leave expires, under 319C. They should grant him leave as a PBS dependant for a period of 3 years, under 319D(a)(ii).

When eligible, he may apply for ILR under 319E.

[lence]

Hi there
My question is:
Can I apply for ILR in person 28 days before my 5 years period finishes or only postal applications are allowed 28 days in advance? Thank you

[CR001]

apply for ILR in person 28 days before my 5 years

It is allowed

[lence]

Thank you

[lence]

Hi
I'm applying for ILR on 5 year route on TIER 2 General visa next week
My question is about the absence. I have 211 days in total for the all 5 years, but not more then 50 days in one year. Do I have to be worried about this? I have a letter from my employer, stating that all the absences are paid annual leave, considering weekends and bank holidays on the top of the normal annual leave. I much appreciate your answers. Thank you

[CR001]

No need to worry. The absence allowance is 180 days per 12 month cycle, not 180 days for the whole 5 years. Your absence is well below this.

[lence]

Thank you CR001

[lence]

Hi
Anyone know what documents my husband needs to submit for his PBS TIER 2 visa extension and how much funds we have to show in bank statements and for how many days, if applicable at all
Thank you

[geriatrix]

Family members
Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5)