Tier 2 dependant visa

[psychic]

Hi

My wife last extended her visa as a PBS dependant under my Tier 2 General visa in 2015. This is coming up for renewal at the end of June 2018. Unfortunately I took my eye of the ball and missed the maintenance requirement. I am unable to evidence £630 for 90 days in her/my bank account, however I can show other means such as share holding.

Is there any way around this?

Thanks

[cyclina1]

Hi

My wife last extended her visa as a PBS dependant under my Tier 2 General visa in 2015. This is coming up for renewal at the end of June 2018. Unfortunately I took my eye of the ball and missed the maintenance requirement. I am unable to evidence £630 for 90 days in her/my bank account, however I can show other means such as share holding.

Is there any way around this?

Thanks

I think share is not accepted because its value is not fixed.

you can combine your and your wife bank account together (both in the UK and aboard) if they are more than 630 then should be no problem. If not, you have no chance because this is mandatory and no discretion can be given.

[psychic]

Thanks cyclina 1

I am however confused by the below paragraph from the tier 2 dependant guidance:

82. 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.

When does this apply, I also received my ILR last year, can this have any leverage to my situation?

[CR001]

The piece you quote is not relevant as you are no longer on Tier 2 General.

You have to show £630 for 90 days to extend your spouse's visa. If you do not have it, the application will very likely be refused.

Alternatively, she will have to switch to FLR(M) - English A1 and financial requirement mandatory - and this will reset her clock to zero for ILR and it will be a new 5 year route (2 x 2.5 year visas).

[Khulood]

I qhm a tier 2 dependant .. i had my visa in January 2017 valid for 3 years .. i have left the UK and went to my home country Jordan for medical reasons .. wwhat is the maximum stay i can be outside the UK ? 6 months or no limit ? Would it effect my future PR visa if i stayed more than 6 months ?

[psychic]

The piece you quote is not relevant as you are no longer on Tier 2 General.

You have to show £630 for 90 days to extend your spouse's visa. If you do not have it, the application will very likely be refused.

Alternatively, she will have to switch to FLR(M) - English A1 and financial requirement mandatory - and this will reset her clock to zero for ILR and it will be a new 5 year route (2 x 2.5 year visas).

Thanks CR001

However in the PBS dependent guidance it says

7. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, this also includes applicants who are
applying for further leave to remain in the PBS dependant category when after their sponsor (the
Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain. If you are applying as the
dependant of a person who has indefinite leave to remain, or British Citizenship, you should read
this guidance as if they were still in their last PBS immigration category. For example if the person
with indefinite leave to remain last held PBS leave in Tier 1, you should read the guidance as if you
are applying as the dependant of a Tier 1 migrant.

Does this mean I should treat as if she is extending as a tier 2 dependent?

[psychic]

I am sorry, I know I am treading the fine line of technicalities but if the application is rejected, AR guidance states:

(e) Where the original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application.

Guidance states:
68. One of the requirements for family members of Points Based System Migrants is that you must be
able to support yourself for the entire duration of your stay in the UK without needing help from
public funds (for example benefits provided by the state). If you cannot support yourself you could
face financial hardship because you will not have access to most state benefits.

Our combined salary slips, share holding and property deeds, if I attach with the application should more than satisfy the requirement to support ourselves without access to public funds

Is this an alternative?

[psychic]

Update:
I met a solicitor today, another option is to apply for FLR(M) and then vary it to PBS dependent using the latest bank statement which will satisfy the 90 maintenance day rule. Will this work?

Many thanks

[CR001]

Update:
I met a solicitor today, another option is to apply for FLR(M) and then vary it to PBS dependent using the latest bank statement which will satisfy the 90 maintenance day rule. Will this work?

Many thanks

FLR(M) will reset her clock to zero and a new 5 year route. FLR(M) takes less than 8 weeks.