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Dependent visa Extension when main applicant has already received ILR

General UK immigration & work permits; don't post job search or family related topics!

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tamo_146
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Urgent Question: Wife's ILR Eligibility-non continuous 2y

Post by tamo_146 » Mon May 29, 2017 9:06 pm

I am in TIER 2 (GENERAL) visa and I will be applying for my ILR next month. I have been on the same visa since June 2012.

I have been married with my wife since June 2012. My wife moved to UK permanently only on 14/04/2015, prior to that she used to come to UK for short visits only to stay with me.

My wife’s visa status is as given below

• Visa 1 - TIER 2 Partner 19/07/2012 - 12/11/2013 (We did not extend this visa as my wife was not in UK during visa expiry)
• Visa 2 - Visit visa 31/03/2014 - 31/03/2016 (My wife applied a Visit visa to travel to UK as her dependent visa got expired)
• Current Visa - TIER 2 Partner 14/04/2015 - 08/12/2017 (again applied TIER 2 Partner)

My Questions:

1) When can my wife apply for her ILR? What is the easiest route available for my wife to get an ILR or British citizenship?

2) Once I get my ILR next month, what visa should my wife get converted to and when? Her current dependent visa is expiring on 08/12/2017.

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Re: Urgent Question: Wife's ILR Eligibility-non continuous 2

Post by zimba » Mon May 29, 2017 11:22 pm

1) When can my wife apply for her ILR? What is the easiest route available for my wife to get an ILR or British citizenship?
She need to reach 5 years on her current PBS visa to be eligible for ILR.
2) Once I get my ILR next month, what visa should my wife get converted to and when? Her current dependent visa is expiring on 08/12/2017.
She remains on PBS dependant visa until eligible for ILR. Extend her visa if necessary.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: Urgent Question: Wife's ILR Eligibility-non continuous 2

Post by vinny » Tue May 30, 2017 12:21 am

If she extends her PBS dependant leave shorty before its expiry in the UK, then she may be eligible for ILR no sooner than 28 days prior to the 5th anniversary of her entry on her leave that they granted on 14/04/2015, i.e. in 2020.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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tamo_146
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Re: Urgent Question: Wife's ILR Eligibility-non continuous 2

Post by tamo_146 » Fri Jun 02, 2017 9:20 am

Hi,

Thanks for your reply.If i get my British Citizenship in next one year after my ILR,then will she be able to apply for British citizenship as per the below link.

https://www.gov.uk/becoming-a-british-c ... sh-citizen

Note:Point 7
lived in the UK for at least the 3 years before your application is received


==============================
For ILR i understand she will need to stay at least 5 years,however is there any restriction on number of days of maximum leave?

Can she be outside the country for more than 180 days in a year and still be eligible for ILR as a spouse at the end of the 5 year period?

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Re: Urgent Question: Wife's ILR Eligibility-non continuous 2

Post by secret.simon » Fri Jun 02, 2017 9:22 am

tamo_146 wrote:Thanks for your reply.If i get my British Citizenship in next one year after my ILR,then will she be able to apply for British citizenship as per the below link.
Not until she gets ILR in 2020. To apply for British citizenship as the spouse of a British citizen, your wife needs both 3 years residence in the UK AND ILR. She is only eligible for ILR in 2020.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Urgent Question: Wife's ILR Eligibility-non continuous 2

Post by physicskate » Sat Jun 03, 2017 11:54 am

tamo_146 wrote:Hi,


==============================
For ILR i understand she will need to stay at least 5 years,however is there any restriction on number of days of maximum leave?

Can she be outside the country for more than 180 days in a year and still be eligible for ILR as a spouse at the end of the 5 year period?
For ILR there is not a set amount of absences, just that she remains your dependent etc.

For citizenship, there are residency restrictions - 270 in the previous 3 years, with max 90 in the year before application (assuming you are a BC by this time and your wife is applying for BC as the spouse of a BC).

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Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Thu Aug 31, 2017 3:20 pm

Hi,
Please find my case details.

I have received my ILR in June 2017 after completing 5 years in tier 2 general visa. My wife who is in tier 2 general dependent visa since April 2015 needs to extend her visa before 08th Dec 2017 as her visa is getting expired.

My questions:
• My wife should extend her current dependent visa from UK before expiry as this will enable her to get ILR after completion of 5 years. Please confirm if this is the correct process?
• Will the visa extension be for 3 year period as my wife is due for ILR in next 2.4 years?
• How soon can we start the visa application process, given that her visa is expiring on 8th Dec 2017?
• Please suggest the process for visa extension?
a) Please suggest on fund maintenance requirements.
b) How much is the visa fee?
• Please provide the form (exp - Set O for ILR etc) that needs to be filled during the visa extension? Please share the link for the latest form.

Regards

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Re: Dependent visa Extension when main applicant has already received ILR

Post by CR001 » Thu Aug 31, 2017 3:39 pm

• My wife should extend her current dependent visa from UK before expiry as this will enable her to get ILR after completion of 5 years. Please confirm if this is the correct process?
Correct.
• Will the visa extension be for 3 year period as my wife is due for ILR in next 2.4 years?
Yes, 3 years.
• How soon can we start the visa application process, given that her visa is expiring on 8th Dec 2017?
Anytime before the current visa expires.
• Please suggest the process for visa extension?
Please search the forum and read the guidance notes. https://www.gov.uk/tier-2-general/family-members
a) Please suggest on fund maintenance requirements.
Read the guidance notes. https://www.gov.uk/tier-2-general/family-members
b) How much is the visa fee?
£677 PLUS £600 Immigration Health Surcharge.
• Please provide the form (exp - Set O for ILR etc) that needs to be filled during the visa extension? Please share the link for the latest form.
Online form only for Tier 2 Dependents : https://visas-immigration.service.gov.u ... nt-partner
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tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Thu Aug 31, 2017 4:29 pm

Hi,

Thanks a lot for your quick reply.I have 2 clarifications

=====================================================================
• How soon can we start the visa application process, given that her visa is expiring on 8th Dec 2017?
“Anytime before the current visa expires.”

Please confirm that I can do it in next 2 weeks? In one of the post I read that the application can be done only 28 days prior to the visa expiry?
=====================================================================
• Please provide the form (exp - Set O for ILR etc) that needs to be filled during the visa extension? Please share the link for the latest form.

“Online form only for Tier 2 Dependents
So I just need to fill the online form? How do I submit the documents like bank statements, Passport, BRP etc?"
======================================================================

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Re: Dependent visa Extension when main applicant has already received ILR

Post by CR001 » Thu Aug 31, 2017 4:51 pm

Please confirm that I can do it in next 2 weeks? In one of the post I read that the application can be done only 28 days prior to the visa expiry?
Ideally yes closer to the expiry. Why do you want to apply so early?
So I just need to fill the online form? How do I submit the documents like bank statements, Passport, BRP etc?"
You apply online and if applying in person, book your appointment, pay IHS etc and print it off once submitted and take everything to the premium centre. If you are applying by post, you still have to print it off once submitted and post it with the supporting documents.
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tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Thu Aug 31, 2017 5:17 pm

Hi,

Again thanks for your reply,i was planning to get this done as only 3 months are left.Fine i will stick to the 28 days rule.

Also does my wife need to show Knowledge of English?

https://www.gov.uk/tier-2-general/knowl ... of-english

Last question - Please could you clarify the supporting document checklist?Which all documents i will need to give?

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Re: Dependent visa Extension when main applicant has already received ILR

Post by CR001 » Thu Aug 31, 2017 7:50 pm

Also does my wife need to show Knowledge of English?

https://www.gov.uk/tier-2-general/knowl ... of-english
LIUK and English test is NOT required for a PBS extension. It will be required for ILR.
Last question - Please could you clarify the supporting document checklist?Which all documents i will need to give?
Don't know off hand. Search the forum, many posts about this and also read the Tier 2 Dependent guidance notes.
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tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Thu Aug 31, 2017 7:52 pm

I have another query,

my wife(dependent) is working in UK,do i need to give any documents related to her job/Tax(P60) etc along with the visa extension supporting documents?

tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Thu Aug 31, 2017 7:55 pm

CR001 wrote:
Thu Aug 31, 2017 7:50 pm
Also does my wife need to show Knowledge of English?

https://www.gov.uk/tier-2-general/knowl ... of-english
LIUK and English test is NOT required for a PBS extension. It will be required for ILR.
Last question - Please could you clarify the supporting document checklist?Which all documents i will need to give?
Don't know off hand. Search the forum, many posts about this and also read the Tier 2 Dependent guidance notes.
Many thanks for this clarification :D

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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Mon Oct 09, 2017 12:06 am

tamo_146 wrote:
Thu Aug 31, 2017 7:52 pm
I have another query,

my wife(dependent) is working in UK,do i need to give any documents related to her job/Tax(P60) etc along with the visa extension supporting documents?
Hi,

I need a clarification to this question please as i need to start the visa application process.

Also can i get a list of documents that needs to be submitted along with the visa application?I am not able to get a definitive list of documents submitted.

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Re: Dependent visa Extension when main applicant has already received ILR

Post by CR001 » Mon Oct 09, 2017 7:24 pm

No need for spouse's employment stuff.

An example of documents in link below.
uk-tier-1-general-visas/in-country-tier ... l#p1214360
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Sat Oct 14, 2017 12:39 pm

Thanks for your reply.

I am filling my wife’s Tier 2 General PBS visa form online and planning to submit the documents through post. While filling the form, I have few doubts and need your kind confirmations. Please can you verify the answers?

Question: Which visa or permission to stay has Mr XX applied for or been granted?
Answer: Tier 2 (General) leave to remain
My Justification (This is not included in the Answer): This is the visa I applied originally; recently I have got my ILR. The BPR number is of my ILR.

Question: Do you have one of these Home Office reference numbers for Mr XX?
Answer: Yes, I have their biometric residence permit (BRP) number

Question: BPR number?
Answer: RGXXXXXXX

Question: Does Mr XX have indefinite leave to remain or British citizenship?
Answer: Yes
My Justification (This is not included in the Answer): I am now an ILR holder

Question: What is the length of Mr XX’s CoS?
Answer: 3 years or less
My Justification (This is not included in the Answer): This is as per my last COS

Question: Has Mr XX's sponsor agreed to certify your maintenance?
Answer: No
My Justification (This is not included in the Answer): I will show necessary funds and will also give my payslip details. My company need to certify maintenance anymore for my wife.

tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Sat Oct 14, 2017 12:53 pm

Hi,

In addition to the above questions,i have another set of questions.Please can you help with the below?

1) Covering Letter - Should i provide a covering letter to support my wife's visa application?Will my wife also need to provide her covering letter?Do we need to provide 2 covering letters in total?Please clarify.

2) Documents - Do we need to provide the original marriage certificate with the visa application or can we submit the XEROX copy with self attestation?

3) Address Details - We have bought a house in UK 8 months ago.Is it ok to provide this details against address proof(I can provide council tax bill of our own house for last 6 months)?Do i need to provide details of my previous address as well(I only have the rental agreement.I can provide bank statement showing my previous address)?
Please note :In the visa application,there is no mention of the above requirement but i am providing for extra evidence.

tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Sat Oct 14, 2017 6:16 pm

tamo_146 wrote:
Sat Oct 14, 2017 12:39 pm
Thanks for your reply.

I am filling my wife’s Tier 2 General PBS visa form online and planning to submit the documents through post. While filling the form, I have few doubts and need your kind confirmations. Please can you verify the answers?

Question: Which visa or permission to stay has Mr XX applied for or been granted?
Answer: Tier 2 (General) leave to remain
My Justification (This is not included in the Answer): This is the visa I applied originally; recently I have got my ILR. The BPR number is of my ILR.

Question: Do you have one of these Home Office reference numbers for Mr XX?
Answer: Yes, I have their biometric residence permit (BRP) number

Question: BPR number?
Answer: RGXXXXXXX

Question: Does Mr XX have indefinite leave to remain or British citizenship?
Answer: Yes
My Justification (This is not included in the Answer): I am now an ILR holder

Question: What is the length of Mr XX’s CoS?
Answer: 3 years or less
My Justification (This is not included in the Answer): This is as per my last COS

Question: Has Mr XX's sponsor agreed to certify your maintenance?
Answer: No
My Justification (This is not included in the Answer): I will show necessary funds and will also give my payslip details. My company need to certify maintenance anymore for my wife.
Hi - I have been able to get answers to all these questions by filling the form again.All the answers are correct.I now do not need any response for this post.However i still need reply to the other three questions.

tamo_146
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Re: Dependent visa Extension when main applicant has already received ILR

Post by tamo_146 » Sat Oct 14, 2017 10:07 pm

tamo_146 wrote:
Sat Oct 14, 2017 12:53 pm
Hi,

In addition to the above questions,i have another set of questions.Please can you help with the below?

1) Covering Letter - Should i provide a covering letter to support my wife's visa application?Will my wife also need to provide her covering letter?Do we need to provide 2 covering letters in total?Please clarify.

2) Documents - Do we need to provide the original marriage certificate with the visa application or can we submit the XEROX copy with self attestation?

3) Address Details - We have bought a house in UK 8 months ago.Is it ok to provide this details against address proof(I can provide council tax bill of our own house for last 6 months)?Do i need to provide details of my previous address as well(I only have the rental agreement.I can provide bank statement showing my previous address)?
Please note :In the visa application,there is no mention of the above requirement but i am providing for extra evidence.
Hi - Please can i request a response please for the above?

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Re: Dependent visa Extension when main applicant has already received ILR

Post by CR001 » Sun Oct 15, 2017 12:48 am

1. Not needed

2. Original

3. Yes fine. Yes provide evidence of last two years cohabitation.
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