Pbs dependant extension of ILR applicant

[rohithnair]

Hi,

Searched through forums but can't find a definite response.

I am currently on ILR and my spouse on tier 2 pbs dependant visa.

Due for extension ;

I have question on maintenance fund requirement .

Is the 90/day bank statement and above limit 600 required for pbs dependant .. I switched to ILR after tier 2 extension without any maintenance fund requirement (5year route )

Please advice

[CR001]

ILR does NOT have a maintenance fund requirement.

PBS Dependent DOES have a 90 day maintenance fund requirement - £630.

[rohithnair]

Hi Cr001,

Thank you ...


One more help needed wanted to know if another account can be shown which just covers 630 on a particular day if dipped.

Is that enough to cover day or is it month transaction.

[CR001]

You cannot have any dip at any time in the 90 days.

If you need to show more than one bank account to show a minimum of £630 for 90 days, you will need to make it clear in a covering letter. You can also use your account or your spouse's account or an overseas account.

When does the dependent visa expire?

[rohithnair]

Hi,

Its due in Feb 2019.

Also i read the pbs document guidelines and tried my hand in filling the form online .

The online form says if your main applicant got ILR include the visa status as tier 2.

And when reading point 82 in

https://www.gov.uk/government/publicati ... rs-1-2-4-5

The document says maintenance requirement is required unless the main applicants had a tier 2 visa ( my most recent was before my ILR and it was an extension not new one ) and it was not required to have a maintenance requirement during the application

So it seems that option in point number 82 holds true for my case.

Has anybody been on similar situations?

[CR001]

Presumably your sponsor certified maintenance.

You cannot avoid the maintenace requirement for your spouse pbs dependent extension. It will be refused if you do not meet the requirement.

[rohithnair]

Hi,

When i made the second extension on Tier 2, I didn't give any sponsorship details, because extensions didn't need the maintenance requirement.[ that is sponsor certified maintenance was not given].

Given point number 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.

It is the unless part which is making me a bit confused.

I know we all produce all proper documents just to be on safer side.. And you reply based on experiences from other people in the forum.. Just wanted to clear up something

Just giving a timeline of occurrence

Main applicant: [Tier 2] ---> [Tier 2 Extension (no fund maintenance)] --->[ILR]----------------------
Pbs dependant: --------------------[Tier 2 Pbs dependent] ---------------------------[Time for Renewal]

[CR001]

Your 'most recent' leave is NOT Tier 2 but ILR, so that bit does not apply to you.

It is mandatory to meet the maintenance fund for your dependent.

[rohithnair]

Hi CR001,

It didn't say most recent period of leave. It specifically says most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirement

Sorry this is just useful discussion. Just to point out to others as well, how difficult is to read through government documents on immigration and make sense.

[CR001]

When in doubt, always look at the immigration rules are they are key and trump any guidance notes.

See 319C(g)

https://www.gov.uk/guidance/immigration ... ly-members

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

And appendix E below.

https://www.gov.uk/guidance/immigration ... m-migrants

[rohithnair]

Ok that seems understandable..

So
That para 81 is only applicable if we the main applicant is in Tier 2 while dependent is extending

because as per appendix C 5(b)

They only talk about main applicant being :-

(i) a Tier 2 Migrant
(ii) a Jewish Agency Employee
(iii) A member of the Operational Ground Staff of an Overseas-owned Airline,
(iv) a Minister of Religion, Missionary or Member of a Religious Order,
(v) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, or
(vi) a Work Permit Holder
(c) the Sponsor is an a rated Sponsor and has certified on the Certificate of Sponsorship that, should it become necessary, it will maintain and accommodate the migrant up to the end of the first month of his employment. The Sponsor may limit the amount of the undertaking but any limit must be at least £945. Points will only be awarded if the applicant provides a valid Certificate of Sponsorship reference number with his application.

No mention of any ILR and things..

[CR001]

Ok that seems understandable..

So
That para 81 is only applicable if we the main applicant is in Tier 2 while dependent is extending

because as per appendix C 5(b)

They only talk about main applicant being :-

(i) a Tier 2 Migrant
(ii) a Jewish Agency Employee
(iii) A member of the Operational Ground Staff of an Overseas-owned Airline,
(iv) a Minister of Religion, Missionary or Member of a Religious Order,
(v) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, or
(vi) a Work Permit Holder
(c) the Sponsor is an a rated Sponsor and has certified on the Certificate of Sponsorship that, should it become necessary, it will maintain and accommodate the migrant up to the end of the first month of his employment. The Sponsor may limit the amount of the undertaking but any limit must be at least £945. Points will only be awarded if the applicant provides a valid Certificate of Sponsorship reference number with his application.

No mention of any ILR and things..

Appendix C 5(b) is only relevant to MAIN visa holders to score points. Your dependents are NOT needing to 'score points'. They simply have to show £630 for 90 days.

I will not comment further as the rules and experience of members is clear (especially those whose dependents were refused an extension, after main applicant got ILR, for not having sufficient funds), so good luck.