Life in UK test for PBS dependent

[DMD12345]

Hello Everyone,

I had a query on my wife's ILR application. I came to the UK in May 2013 on Tier 2 general visa and received my ILR last year.
My wife was first granted Tier 2 PBS dependent visa on 02/06/14 and was valid until 30/05/2016 and on her second renewal her visa was granted upto 14/05/2019. Howeve she only arrived to the UK on 28th Sep 2014 i.e. after 118 days.
Based on above I had a few questions and would be very grateful for the answers.
1) When is the earliest we can apply for an ILR ( 02/06/2014-28 days = 05/05/2019 ) or can we only apply as per 28/09/2014?
2) On the application form it asks, "When did you first enter the UK?" Should it be 28/09/14 or 02/06/2014?

Since there is a very short time period between her VISA expiry and "assumed" ILR eligibility date any help would be very much appreciated as based on your answers, we would either need to renew her VISA or directly apply for an ILR.

Thank you

[bizman]

She can apply within 28 days of her visa 5th anniversary, she doesn’t need to wait till expiof current grant.

Since she entered UK 28/09/2014, that’s her date of entry.

Also she is not affected by the uk absence rule, since her last grant was before 11 January 2019 when the new rule came to effect

[CULLINAN]

Hello Everyone,

I had a query on my wife's ILR application. I came to the UK in May 2013 on Tier 2 general visa and received my ILR last year.
My wife was first granted Tier 2 PBS dependent visa on 02/06/14 and was valid until 30/05/2016 and on her second renewal her visa was granted upto 14/05/2019. Howeve she only arrived to the UK on 28th Sep 2014 i.e. after 118 days.
Based on above I had a few questions and would be very grateful for the answers.
1) When is the earliest we can apply for an ILR ( 02/06/2014-28 days = 05/05/2019 ) or can we only apply as per 28/09/2014?
2) On the application form it asks, "When did you first enter the UK?" Should it be 28/09/14 or 02/06/2014?

Since there is a very short time period between her VISA expiry and "assumed" ILR eligibility date any help would be very much appreciated as based on your answers, we would either need to renew her VISA or directly apply for an ILR.

Thank you

Adding to what bizman said,

She qualifies for ILR on 02/06/19 minus 28 days. Her pbs dependent expiry is 14/5/19. You can directly apply ILR on/after 5/5/19. I would still give it an extra day or two and apply on/after 7th May but obviously before 14/5/19 (expiry date).

Since you have ILR, you may opt for super priority for her 24 hours decision £610 extra.

[Ankita321]

Hi,

I am applying as a PBS dependent of Tier 2 person who got an ILR last year and will be applying via super priority route. I will be eligible for ILR on 7th May 2019 ( 28 days before 5 year eligibility ) and hence to get an appointment I plan to book my appointment on 23rd March 2019.
I have booked a life in the UK test on 5th Apr 2019. In the form under section life in the UK I have mentioned that I haven't yet given the test and that I don't need an exemption. Is this correct or should I say that I have given life in UK test already ( assuming that my application date will be 7th may 2019 and I would have surely passed test by then )?
Basically what I need advice is that application details are as the status on the appointment booking date I.e. 23 Mar or appointment date i.e. 7th May.

Your help is much appreciated.

Thank you.

[CR001]

Do not apply until you are within the 28 days qualifying period. The date you submit and pay the online form is the date of application.

You must complete the test before your submit the application.

[Ankita321]

But if I wait for that long then I won't get the appointment date as the appointment window opens 45 days before the 28 days qualifying period I.e. approx 73 days before the qualifying period.
In the past there was a paper form so it would be fine but now with the online application form I am not sure.

[CR001]

Appointments are not hard to get, most get them ithin a week or 2.

Why do you believe you can book so soon or will not get an appointment? This was the case in the old premium centre service which was HO staff where date of appointment was the date of application but this is not the case with the new ukcvas service whihlchbis merely a third party agent.

Online submission and payment is your date of application. Memebers have been refused for submitting too early.

Note also that your documents can not be dated past the date of submission online. If you tick no to Liuk, HO won't consider it. A member was recently refused foe this reason, failing to meet the LIUK etc requirement as they ticked no in the form.

[Ankita321]

Thank you for the reply. The problem that I have is that my Visa expires on 14th may 2019 so I have a very limited window between 7th may and 14th may to make my application. So I am not really sure that if I wait till 7th I will get any appointment until the 14th. Please advise on what should I do.

[CR001]

You can have your appointment after visa expiry as date of application is when you submit online and not your appointment.

What date was your initial pbs dependent visa issued??

[Ankita321]

This was a related thread where people graciously helped me in the past.

indefinite-leave-to-remain/help-with-se ... l#p1747618

But details are:

I was first granted Tier 2 PBS dependent visa on 02/06/14 and was valid until 30/05/2016 and on my second renewal, visa was granted upto 14/05/2019. However I only arrived to the UK on 28th Sep 2014 i.e. after 118 days.

[CR001]

announcements/multiple-member-id-s-t11811.html

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

announcements/multiple-posts-will-be-lo ... t5722.html

[Ankita321]

Sorry apologies for this. I wished to reply on the same thread but unfortunately even after multiple attempts I didnt get a forgot password email on the original email id. I wouldnt have done the same and would request you to help me whichever you would advise is the right way to go forward.

[CR001]

The advice previously given has not changed. You can only apply and submit online when you are within the 28 days qualifying period.

[Ankita321]

Thank you. So just to confirm if I apply online on 7th May 2019 and dont get any appointments untill 14th May 2019 then my status will be fine and I wouldnt break any immigration rules as I have already submitted by application. I can obviously not travel out of the country during that period but I will be fine from a legal standpoint.

[CR001]

Correct.

You can't travel anyway while your application is being processed even if you had a visa that was still valid.

[Ankita321]

Thank you for confirming.

[Ankita321]

Hi Admin,

I just called on the UKVA helpline and they mentioned that there is a slight problem as the VISA is not valid valid for the full term of 5 years. They said that since the VISA expires on 14th May2019 technically on the 5 year completion date, her VISA is not valid and hence we need to go for a TIER 2 extension and then an ILR post that.
Can someone please help me now? Should I go for a tier2 extension rather than an ILR?

Thanks

[Ankita321]

I called them again and now an advisor said that it should be fine. This is so confusing.

[CR001]

I called them again and now an advisor said that it should be fine. This is so confusing.

The call centre is outsourced to a third party, who are poorly trained and often give out incorrect advice and take no responsibility.

The concession to apply within 28 days before reaching the 5 years qualifying end point is there to help members and has nothing to do with holding a valid visa (there is no such requirement BTW) right up to the 5 year date mark.

Many have applied and been successful without having a visa valid to the end of the 5 year qualifying period.

[Ankita321]

Thanks a lot for confirming.

[Ankita321]

I also had another followup question.

From 1Jun15 till 11Sep15 ( 102 days ) and from 13Jan16 till 11Sep16 ( about 270 days ), she was away from the country in UK on work. Does that period break the continuous period?
Her last renewal was in 2016, so not sure if she will be under the 180 days rule.

Thank you.

[CR001]

There is NO absence limit for PBS Dependents who hold visas issued BEFORE 11th January 2018!!

[Ankita321]

Thank you. Based on all the responses I believe that she is eligible for ILR on 7th May 2019.

Just need information on few other questions in the Set(0) form:
1) Do you have a valid national identity card? -> Is no an adequate response here?
2) Have you previously lived in a country outside the UK including your country of birth? -> This should include tourism holidays also or just living outside the country for longer days ( on work etc. )
3) Like wise "Add another country the applicant has visited or lived in" which is just extension to point 2).
4) It says "Do you have Home Office reference number" for the main applicant? Is no an adequate response here or need to dig into the main applicant's ILR application?

Thank you.

[CR001]

1. No a mandatory document. Stating no is fine.

2. LIVED not VISITED.

3. The lived in question is separate and different to the visited countries

4. BRP number??

[Ankita321]

3. The lived in question is separate and different to the visited countries - Once you click on this, we get the same question as 2 "Please enter the country you have lived in. You will be able to enter additional countries after you click save and continue. Include all countries no matter how long you lived there."

4. BRP number?? It asks this as a separate question.The 2 consecutive questions are:

Yes, I have their Home Office reference number
Yes, I have their biometric residence permit (BRP) number