ILR postal main applicant + PBS extension dependent

[mengo]

Dear members,

I was wondering how this scenario works?

Tier 2 General visa of main applicant is expiring within a month (6 years limit). Now Main applicant is applying ILR through postal application and PBS dependent (only 3 years in UK) needs to extend(her visa also expiring at the same time) visa as well.

As I understood PBS dependent applications are online only and obviously postal ILR is by post. I was wondering how Home Office later couple those two applications ? Are they treated as applying at the same time ?

Also, according to the maintenance requirements of the Tier 2 dependent, if both apply at the same time, then A rated sponsor's maintenance letter is sufficient, but if main applicant has ILR then no.

"Evidence of certifying maintenance for family members of Tier 2 Migrants
99. If you are making your application at the same time as the Tier 2 Migrant, then A-rated sponsors
are able to certify your maintenance on the Tier 2 Migrant’s Certificate of Sponsorship or by
providing a letter. Your maintenance cannot be certified if your main applicant has indefinite leave
to remain."

Could someone please, advise if Main Applicant ILR and Dependent Extension Applications are treated as same time applications and can A rated sponsor certify maintenance of dependent?

I appreciate your views. Thanks

[CR001]

As I understood PBS dependent applications are online only and obviously postal ILR is by post. I was wondering how Home Office later couple those two applications ? Are they treated as applying at the same time ?

PBS dependent extension is only the application online. You still have to post the documents. You can ask HO to hold her application till your ILR is decided. Or you can apply for ILR in person if you can get an appointment and apply for your spouse by post.

You need to prove maintenance with your bank statements. The text you quote relates to you and spouse applying for Tier 2 extensions and not you applying for ILR and spouse for dependent extension. For ILR there is no maintenance requirement. Did you miss the bit I have made bold below?

"Evidence of certifying maintenance for family members of Tier 2 Migrants
99. If you are making your application at the same time as the Tier 2 Migrant, then A-rated sponsors
are able to certify your maintenance on the Tier 2 Migrant’s Certificate of Sponsorship or by
providing a letter. Your maintenance cannot be certified if your main applicant has indefinite leave
to remain."

[mengo]

As I understood PBS dependent applications are online only and obviously postal ILR is by post. I was wondering how Home Office later couple those two applications ? Are they treated as applying at the same time ?

PBS dependent extension is only the application online. You still have to post the documents. You can ask HO to hold her application till your ILR is decided. Or you can apply for ILR in person if you can get an appointment and apply for your spouse by post.

You need to prove maintenance with your bank statements. The text you quote relates to you and spouse applying for Tier 2 extensions and not you applying for ILR and spouse for dependent extension. For ILR there is no maintenance requirement. Did you miss the bit I have made bold below?

"Evidence of certifying maintenance for family members of Tier 2 Migrants
99. If you are making your application at the same time as the Tier 2 Migrant, then A-rated sponsors
are able to certify your maintenance on the Tier 2 Migrant’s Certificate of Sponsorship or by
providing a letter. Your maintenance cannot be certified if your main applicant has indefinite leave
to remain."

Hi CR001,

Thanks a lot for your response.

Seems like dependent didn't continuously sustain minimum amount in bank account in last 3 months - There was more money but dropped below minimum level before salary and then again increased.

But, dependent works almost 1.5 years full time and salary is at least twice more than required maintenance figure.
Would providing banks statements, payslips, employee letter(dependent) and also another letter from dependent's employer to certify funds help? I didn't see anything in the guidance whether dependent can prove maintenance by working or support from dependent's employer.

Please, advise. Thanks

[CR001]

Would providing banks statements, payslips, employee letter(dependent) and also another letter from dependent's employer to certify funds help? I didn't see anything in the guidance whether dependent can prove maintenance by working or support from dependent's employer.

No, your spouse's employer cannot 'certify' maintenance as they are not her sponsor.

You are required to maintain funds for 90 days and submit either your bank statements or spouse bank statements.

[mengo]

Hi CR001,

Thanks for your response. I have another question:

PBS dependent extension application is online and once paid, printed application and supported documents should be sent to respective HO address.

SET(O) application on the other hand, should be sent to another HO address with all supporting documents.

So, should those two applications be sent to separate addresses or PBS dependent one sent with SET(O) with cover letter to request caseworker to hold until SET(O) is decided?

Please, advise. Thanks

[aben]

Hi mengo,

I am in the same situation, could you please give your outcome of your application.

thanks in advance