PBS Tier 2 Dependant visa extension

[kaleem002]

Hi All,

I was on tier 2 sponsored visa and last year, I received my ILR. However, my wife is on tier 2 dependent visa and I need to apply for an extension for another one year to qualify for ILR. Her visa is expiring on 15th September and I got two questions.

1) I am still working for the same employer and recently found out online that the employer can not certify maintenance funds since the main applicant is on ILR. My wife is already on tier 2 dependent visa, does she needs to provide evidence of 90 days bank statement with required funds? She had a good bank statement until May 2019, but in June, we paid down payment for our first home and from 1st July she started maintaining balance back again. So technically, by the time I will apply, she will not have 90 days bank statement with required funds for 90 days. Should I explain this to them in a cover letter that we paid for our house down payment and that's why our balance went down in that particular month?

2) Her first visa was valid from 9th September 2015 with one-year validity then we applied for an extension in 2016 and got 3 years visa. Now she has completed 4 years on Tier 2 visa, technically we should only be paying 2 years of IHS since tier 2 visa can not be extended more than 6 years and I am sure we will get only 2 years extension despite paying for 3 years? I can put my ILR expiring date for 2 years from the date of application so It will only count 2 years IHS. Does this sound right?

Please help with the above questions, your response will be highly appreciated.

Thanks
Kaleem

[kaleem002]

Is there anyone to help??

Cr001? Admin?

[CR001]

1) I am still working for the same employer and recently found out online that the employer can not certify maintenance funds since the main applicant is on ILR. My wife is already on tier 2 dependent visa, does she needs to provide evidence of 90 days bank statement with required funds? She had a good bank statement until May 2019, but in June, we paid down payment for our first home and from 1st July she started maintaining balance back again. So technically, by the time I will apply, she will not have 90 days bank statement with required funds for 90 days. Should I explain this to them in a cover letter that we paid for our house down payment and that's why our balance went down in that particular month?

The 90 days maintenance funds is mandatory. If you don't have it, the application will likely be refused. You buying a house is irrelevant.

2) Her first visa was valid from 9th September 2015 with one-year validity then we applied for an extension in 2016 and got 3 years visa. Now she has completed 4 years on Tier 2 visa, technically we should only be paying 2 years of IHS since tier 2 visa can not be extended more than 6 years and I am sure we will get only 2 years extension despite paying for 3 years? I can put my ILR expiring date for 2 years from the date of application so It will only count 2 years IHS. Does this sound right?

A PBS Dependent extension once you have ILR is granted for 3 years. You cannot choose a lesser validity and IHS must be paid for 3 years. This is clearly stated in the immigration rules and there is no discretion.