Help please

[Shahno]

Hi all,
I just have a quick question as I'm a bit confused. In November 2016 my husband received "Notice of enforcement" because of an unpaid Penalty Charge Notice issued on 19 November 2015.

The letter says " A warrant of control was authorised by the traffic enforcement centre at the county court business centre Northampton on 7 july 2016 in respect of an unpaid penalty charge notice issued to vehicle registration XXXXXXX on 19 november 2015 at XXXXX"

We've received it late because we moved houses and my husband forgot to change the address on his driving licence. However, he phoned them and he paid the penalty over the phone and it was settled and we have a proof of the payment.

Now we are due to extend our Tier 2 visa in a few days. I'm not sure if we need to declare this PCN but if we will, where exactly should we mention it in the application?

Your reply is highly appreciated.

Thank you very much.

[CR001]

british-citizenship/2-penality-charge-n ... l#p1606629

indefinite-leave-to-remain/penalty-char ... l#p1605846

uk-tier-2-employer-sponsored-visas/pena ... l#p1605401

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Multiple Topics/Posts (click)

[Shahno]

I'm sorry but I'm desperate for an answer. Yes I know I posted one in the ilr section of the forum for the ilr part of my question! and I know we will have to declare it in the ILR application. But I didn't get any answer for my tier 2 extension part of my question. That's why asked again in a hope to confirm whether we need to mention it or not!

Thank you!

[CR001]

You should follow the advice in the first link provided. Better to declare than not declare.

[Shahno]

Thank you very much! Can I just ask one more thing please. My husband's employer (NHS) they issued the COS with start date 22/06/2018 but the end date is beyond our 6 years limit. As the 1st Tier 2 visa my husband got was issued on 19/01/2013 till 26/01/2016 with his previous employer .But he then switched to his current employer and the visa was issued on 08/07/2015 till 21/06/2018. While paying the IHS shall we put the same date on the COS or put the date before our previous visa expires (18/01/2019)?

Thank you very much!

[CR001]

You pay IHS based on the NEW extension application and based on the CoS.

He won't get a visa past the total 6 year mark and any IHS overpaid will be refunded.

[Shahno]

Thank you very much. I really appreciate it!

[Djsuccess]

Thank you very much! Can I just ask one more thing please. My husband's employer (NHS) they issued the COS with start date 22/06/2018 but the end date is beyond our 6 years limit. As the 1st Tier 2 visa my husband got was issued on 19/01/2013 till 26/01/2016 with his previous employer .But he then switched to his current employer and the visa was issued on 08/07/2015 till 21/06/2018. While paying the IHS shall we put the same date on the COS or put the date before our previous visa expires (18/01/2019)?

Thank you very much!

With this information, shouldn't your husband be applying for ILR now? 19/01/2013 till date is more than 5 years already. Why tier 2 extension?

[Shahno]

Because he is not earning 35K to apply for ILR via 5 years route.. He is going to complete 10 years in october and he will apply for ilr 10 years route in September.

[CR001]

Because he is not earning 35K to apply for ILR via 5 years route.. He is going to complete 10 years in october and he will apply for ilr 10 years route in September.

How long have you been in the UK? Assuming you are a PBS dependent visa holder??

[Shahno]

I entered UK in April 2012, but my visa was issued in February 2012. My husband came to the UK on tier 4 in 2008 to do his masters degree. He was on his PSW visa when we got married.

[CR001]

So you will have to switch to FLR(M) once spouse is granted ILR LR and you will need to meet the financial and English requirements.

[Shahno]

Yeah I know I have to. Does the financial requirement you mean is the 18,600 threshold, right? because my husband is earning more than that but less than the 35K.

[Shahno]

Also just a quick question, is it better that we apply together at the same time (premium service with different appointments) or should I wait until he's granted the ilr?

[CR001]

Correct yes.

FLR(M) will also reset your 5 year ILR clock to zero. If you meet the requirements for LR in April 2022, you can apply through this route too.

[CR001]

Also just a quick question, is it better that we apply together at the same time (premium service with different appointments) or should I wait until he's granted the ilr?

Either is fine, however if his ILR fails, your FLR(M) will also fail. If his ILR is held for further checks, your FLR(M) will also be delayed.

[Shahno]

Thank you very much for your input. I really appreciate it!

[Djsuccess]

Because he is not earning 35K to apply for ILR via 5 years route.. He is going to complete 10 years in october and he will apply for ilr 10 years route in September.

What is his SOC code and how much is he on now?
Shortage occupations and PhD level jobs are exempt from the earning threshold.
How many weekly hours does he do?
This is important because the appropriate salary is calculated based on weekly hours usually 40 hours/ week and in some cases 39, 37 or 37.5
I hope you know that there is also an experienced salary requirement for the extension as well

[Shahno]

Because he is not earning 35K to apply for ILR via 5 years route.. He is going to complete 10 years in october and he will apply for ilr 10 years route in September.

What is his SOC code and how much is he on now? 2222
Shortage occupations and PhD level jobs are exempt from the earning threshold.I know but he is not on PhD level
How many weekly hours does he do? 37.5
This is important because the appropriate salary is calculated based on weekly hours usually 40 hours/ week and in some cases 39, 37 or 37.5 he is getting paid according to the NHS agenda for change
I hope you know that there is also an experienced salary requirement for the extension as well he already gets the annual increment every year. His salary has increased since he joined his current employer

[Shahno]

I'm applying for tier 2 general extension my and my husband (he is the main applicant) after we filled the application and printed it out I found out that my middle name on the passport is spelled wrongly missing a letter ( it is a mistake from my consulate) my passport is a newly issued one but on my old passport my name was spelled correctly. can anyone please advice me what to do now? shall I put my old passport as well just in case or what could be done? please I need an urgent help please