PBS Dependant extension with main applicant on ILR

[sneha2212]

Hi,
My husband currently holds an ILR(Indefinite Leave to Remain). His last held visa is 'Tier 2 General' and he got ILR in dec 2014.
I am currently on 'Tier 2 Dependent' visa (this was based on my husbands 'Tier 2 General which he held previously) and I did not change my visa after he got ILR. My current visa status is 'Tier 2 dependent' which will expire on 25th Feb 2015.
I would like these to be answered please.
1. I believe I need to extend my visa as 'PBS Dependent' visa. Please confirm if this is true?
2. When is the earliest I can start my application process?
3. Which application form do I have to fill in?
4. Documents required to support my application and fees?
5. Can I go to India and come back to UK in December 2015 with my current visa (my visa will not be valid for 3 months at the time of travel in December 2015)
6. Do I have to stay in UK at the time of applying for visa.

It would be really helpful if you could provide info to the above queries.

Thanks & Regards,
SK

[CR001]

1. Yes, but only if your husband got his ILR based on Tier 2 and 5 years residence.

2. 28 days before it expires.

3. PBS Dependent form see here (click), you will also have to pay the immigration health surcharge (between £400 and £600 depending on how long you need an extension for), this is in addition to the visa extension application fee.

4. See the form link in #2 and the PBS Dependent Policy/Guidance (click). The fees are listed in the form (link in #2)

5. Yes, as long as your visa is valid when you return. There is no requirement to have a visa valid for a certain period.

6. Yes, as if you apply by post, you have to send your passport. You can also apply in person for a same day decision but this costs a bit more.

How long have you been in the UK?

[poms123]

Hello Immigration Board Team,

I have a query on my wife's visa extension/ILR eligibility, given that my visa (main applicant) is changed from Tier 2 Gen to ILR recently on 13th Mar 2015 on 5 year Rule basis.

Let me get you the exact visa status of my wife and can you please let us know if she is eligible for ILR or normal Tier 2 dependent visa extension ?

She is been living continuously in UK with me since Apr 2010 on my dependent visa

1. Her first UK Visa (Tier 2 ICT dependent visa) was issued in India.
The validity of it was from 19/03/2010 to 15/04/2012

2. Her next Tier 2 ICT Dependent visa extension happened in UK.
The validity was - From 03/05/2012 to 02/04/2013

3. Her next Tier 2 ICT Dependent visa extension happened in UK.
The validity was - From 09/05/2013 to 05/10/2013

4. Her next Tier 2 ICT Dependent visa extension happened in UK.
The validity was - From 12/11/2013 to 29/07/2014

And since I resigned from my first job, we all had to go back to India on 28th July 2014. But only I had a tier 2 general visa issued from a agency then which was valid from 18th July 2014 for 3 years.
I was planning to get my family's visa within few days, but it didn't happen till Nov/Dec 2014 for various reasons.

And then she was in India for 3 months (the UK visa was expired when she was in India) and then came back to UK on my new Tier 2 General Dependent visa( I changed my job again and got new visa from a new Company )

The details of my wife's visa as follows

5. Her new Tier 2 General Dependent Visa was issued in India.
The validity of it was - From 11/12/2014 to 14/01/2015

6. Her next Tier 2 Gen Dependent visa extension happened in UK.
The validity was - From 05/02/2015 to 14/01/2016

Now that her current UK Visa is expiriring in mid Jan 2016, I am not sure if we can appy her ILR or should we go for the Tier 2 Gen Visa extension.

Can you please advice

1. If I can apply my wife's ILR based on the fact that she has lived on a pre July 2012 Tier 2 Depenendent Visa since 2010 till 28th July 2014 ?

2. If she is not eligible for ILR now, can you please explain why ?

3. Can you please let us know when she will be eligible for the ILR ?

Regards,
Poms.

[vinny]

And then she was in India for 3 months (the UK visa was expired when she was in India) and then came back to UK on my new Tier 2 General Dependent visa( I changed my job again and got new visa from a new Company )

1. No.
2. Unfortunately, I think that her continuous leave may have been broken during 29/07/2014 and 11/12/2014, while she was in India.
3. Her 5 years qualifying period probably restarted when she last entered the UK on her entry clearance.

[poms123]

Thanks Vinny for quick response.

[sitharaj]

Hello CR001 et al,

My situation is similar to sneha2212's as above.

I have come across - https://www.whatdotheyknow.com/request/ ... re_visa_ex


My wife's "PBS Tier 1 Dependent visa" is valid until - 27/Oct/2016.
And she would be eligible for ILR in June 2018.
i.e., we need the "Tier 1 PBS dependent visa" extension for only 2 years to be eligible for my wife's ILR.

I am currently on ILR, I got eligible for my naturalization/British Citizenship on 31-Dec-2015.

Please, could anyone suggest when should we apply for my wife's "PBS Tier1 dependent visa", please ?

The issues are, my wife's employer wants a valid visa for employment to continue and my Naturalization application need to be done only after she attains her "Tier 1 PBS dependent visa extension" else the clock sets to Zero again.

Thanks,
Satya

[vinny]

Her Leave will be granted for a period three years. So,I suppose that she may extend at any time now, as it should be extended beyond her eligibility for ILR.

[sitharaj]

Hello Vinny,

Thanks a lot for the reply, appreciate your time.

We are opting for an online application, as opposed to the traditional PEO / Postal applications.

Visa category:
Please, could you suggest if we need to select the visa category while applying online.
I don't see anything like - FLR(M) / SET(O) or something I ought to select.
I am not sure if I am doing the right thing.

Please suggest if the online application from UKV&I selects the applications forms automatically and makes us apply for the visa accordingly (Without us manually selecting the visa application forms) ?
We are ensuring not to have rejections based on this.

IHS Surcharge:
In our case, please suggest the IHS we need to pay.
My wife needs PBS Tier 1 visa extension only for 2 years.
i.e., as per the calculation, we need to pay £ 400 (£ 200 X 2 Years), but the application for IHS puts us to pay £ 600 by default.
Please suggest if we could get a refund from the UKV&I ?

Kindest Regards,
Satya

[CR001]

Her Leave will be granted for a period 3 years. So,I suppose that she may extend at any time now, as it should be extended beyond her eligibility for ILR.

As vinny has advised, she will be granted a visa for 3 years therefore IHS is £600.

What are the options the 'visa category' is giving you? We don't all have log ins to check what the options are that you are getting.