Partner Tier 2 PBS Extension Maintenance

[Simz82]

Hi all,

My wife is currently holder of a Tier 2 PBS dependent visa which expires soon. We wish to extend the visa I have recently been granted ILR. I wanted to find out if she needs to provide proof of maintenance or she is exempt?? as it is an in country extension and I did not have to provide proof of maintenance with previous applications.

Regards

[CR001]

Did your sponsor certify maintenance previously??

https://www.gov.uk/tier-2-general/family-members

[Simz82]

Hi,

My sponsor has never provided certification of sponsorship. Previous Tier 2 extension was a combined application whereby I did not have to provide maintenance of funds.

"If you apply separately from the main applicant you will need to have the necessary funds to meet
the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the
main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2
leave was not required to show evidence of satisfying maintenance requirements"


Thank you

[CR001]

You need it now as your spouse is applying on their own, as far as I understand the requirement.

[Simz82]

Thank you for your feedback.

I am confused with the last part of that exemption, " unless the
main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2
leave was not required to show evidence of satisfying maintenance requirements." So should we switch to FM(R)?

Regards

[CR001]

Your partner is applying alone and must meet the requirements as a dependent.

FLR(M) will reset their clock to zero and a new 5 year residence period.

Is there an issued in that you have not maintained the funds?

[Simz82]

Oh okay, that's fine. We have not maintained the finds due to recent family emergencies and thought that extension were exempt from maintenance due to having read the above caveat in guidance notes as I was exempt from providing maintenance in the most previous applications.

It's really unclear.