Urgent: Vary PBS dependent application to ILR dependent (Tier 1 Entrepreneur)

[Khanbhai]

Hi everyone

I want to vary my wife’s PBS dependent visa application to ILR dependent visa.

We were issued Tier 1 Entrepreneur visa extension in May’ 2017 and that was expired in May’ 2019, I qualified for ILR in August’ 2018 and applied for visa in August’ 2018. In April’ 2019 I applied for PBS dependent visa for my wife and biometrics were done in May’ 2019. All of our visa applications are still in process (nearly 10 months)

Wife’s initial visa was issued in 9 July’ 2014 and she came in UK 3rd August’ 2014.

My questions for senior members are;

1. Can I apply ILR visa for my wife now? does she qualified?
2. What online application form I need?
3. What wording should I use in covering letter in order to explain we want to vary application to ILR
4. Can we get refund visa fees and IHS payment?
5. Will that effect our current visa application as those are not decided yet? as our Interview for ILR application is done and dusted this week (that is another story I will explain in different post) ?

Your answers will help us to move in right direction.

Thanks in advance

[aman90]

Hi everyone

I want to vary my wife’s PBS dependent visa application to ILR dependent visa.

We were issued Tier 1 Entrepreneur visa extension in May’ 2017 and that was expired in May’ 2019, I qualified for ILR in August’ 2018 and applied for visa in August’ 2018. In April’ 2019 I applied for PBS dependent visa for my wife and biometrics were done in May’ 2019. All of our visa applications are still in process (nearly 10 months)

Wife’s initial visa was issued in 9 July’ 2014 and she came in UK 3rd August’ 2014.

My questions for senior members are;

1. Can I apply ILR visa for my wife now? does she qualified?

Since 11/06/19

2. What online application form I need?

SET O
3. What wording should I use in covering letter in order to explain we want to vary application to ILR

Exactly that or none really.
Online form will ask if you have a pending application. Only one application is considered at a time and new should be considered a variation.

4. Can we get refund visa fees and IHS payment?

Ext Fee but I doubt IHS payment would be refunded though you could request it as its been a month since ext application.

5. Will that effect our current visa application as those are not decided yet? as our Interview for ILR application is done and dusted this week (that is another story I will explain in different post) ?

What will affect? Spouse will be granted ILR in line with your ILR.

Your answers will help us to move in right direction.

Thanks in advance

[Khanbhai]

Thanks aman90 for your reply

I mean they have already delayed my ILR application and if they will see we are saving some money they may further give us trouble.

[aman90]

Thanks aman90 for your reply

I mean they have already delayed my ILR application and if they will see we are saving some money they may further give us trouble.

I don’t suppose their imagination is that wild.
Ur spouse is entitled to vary her application.
How are you saving money btw?

[Khanbhai]

Thanks aman90 for your reply

I mean they have already delayed my ILR application and if they will see we are saving some money they may further give us trouble.

I don’t suppose their imagination is that wild.
Ur spouse is entitled to vary her application.
How are you saving money btw?

[Khanbhai]

Could you please help

There is one question in online Set o Form

"Leave granted on or after 11 January 2018"

Does the period of stay on which this application was based include any leave granted since 11 January 2018?

Yes, No

What should I select yes or no? Dependent extension visa was issued on May' 2017 till May' 2019

[CR001]

It is no as the most recent leave to remain was issued before 11 January 2018!!

[Khanbhai]

It is no as the most recent leave to remain was issued before 11 January 2018!!

Thanks CR001

Another question related to the Set o form it ask

Date you first entered the UK


When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started.

03-08-2014

My wife came to UK in 03-08-2014, but the visa was issued on 09/07/2014. will they counts 5 years from 03/08/2014 or 09/07/2014? is she qualified now to apply for ILR? or should I wait till next month. I am bit confused, I do not want to create further problems in our visa applications. And sorry I am asking same question again and again.

Thanks in advance

[CR001]

It is no as the most recent leave to remain was issued before 11 January 2018!!

Thanks CR001

Another question related to the Set o form it ask

Date you first entered the UK


When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started.

03-08-2014

My wife came to UK in 03-08-2014, but the visa was issued on 09/07/2014. will they counts 5 years from 03/08/2014 or 09/07/2014? is she qualified now to apply for ILR? or should I wait till next month. I am bit confused, I do not want to create further problems in our visa applications. And sorry I am asking same question again and again.

Thanks in advance

The question clearly asks for date of ENTRY to the UK. It does not ask for 'date of visa grant'. Nothing confusing and not a trick question either.

As has been posted 100s of times on the forum, the residence period starts from date of visa issue for ILR for PBS Dependents.

Surprisingly, HO do actually know the rules!!

[Khanbhai]

It is no as the most recent leave to remain was issued before 11 January 2018!!

Thanks CR001

Another question related to the Set o form it ask

Date you first entered the UK


When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started.

03-08-2014

My wife came to UK in 03-08-2014, but the visa was issued on 09/07/2014. will they counts 5 years from 03/08/2014 or 09/07/2014? is she qualified now to apply for ILR? or should I wait till next month. I am bit confused, I do not want to create further problems in our visa applications. And sorry I am asking same question again and again.

Thanks in advance

The question clearly asks for date of ENTRY to the UK. It does not ask for 'date of visa grant'. Nothing confusing and not a trick question either.

As has been posted 100s of times on the forum, the residence period starts from date of visa issue for ILR for PBS Dependents.

Surprisingly, HO do actually know the rules!!

I know they know the rules

Thanks CR001

[Khanbhai]

Hi, everyone

I need your help regarding my dependents ILR application. I got my ILR on the base of Tier 1 Entrepreneur this month. I applied for my wife PBS dependent visa in April' 2019 because she did not completed 5 years, during that time my ILR application was in process. she completed 5 years in UK on August' 2019 (UK entry date).

I did not vary my wife's application at that time because we did not want to complicate my ILR application. Finally I got my ILR. Now Her PBS dependent Application is still pending I hope she will get the result very soon.

Please answer following questions,

1. Now we want to vary her application to ILR before she got PBS dependent visa. Can we apply her ILR visa now or wait for PBS dependent visa to arrive and what form or category I should select?

2. Is there any same day visa service available for ILR Visa base on our visa status?

3. We have following Personal documents are these fine?

Life in the UK certificate,
English language test (B1),
Her passport, my passport, my BRP and marriage certificate

4. We have following Cohabitation documents (Two years),

Bank statements for both same address
Payslips and P60 for both at same address
Children Birth Certificates
NHS Letters for Kids and parents at same address
Utility Bills
Driving licenses for both
Council letters, voting cards
Phone bills

Thanks