ILR for spouse

[amodi]

I have recently got my ILR(Aug 2019 via Tier 2 general route) and now planning to apply for my wife's ILR but before going ahead would like to check if she is eligible for applying for ILR.
Below is that current situation:

- Basically we first moved to UK in March 2013 with My wife as Tier 2 ICT primary applicant and my self on Tier 2 dependent.
- I got a job and switched to Tier 2 General visa on 31st July 2014 via entry clearance.
- My wife switched to my dependent visa on 1st May 2015(Switch within UK from Tier ICT primary to Tier 2 general dependent)
- After Tier 2 general extension(I changed company) in 2017, We got Tier 2 general extended until Jan 2020.
- I got my ILR in Aug 2019(After 5 years)

- Can my wife apply for ILR NOW ?

Because as per the ILR eligibility for partners check on Gov.uk., the condition mentioned:

- Your current visa must be as a dependent on your partner’s tier 1, 2 or 5 visa:
Her current visa is Tier 2 general dependent visa
- You must also have been living with your partner in the UK for at least 5 Years:
We have been living together in UK for more than 6 years

Although She would complete 5 Year on Tier general dependent visa on 30th April 2020 but As per above we have been in UK together for 6 plus years, So is it possible for her to apply now for ILR or She still need to complete 5years as an Tier 2 dependent(requiring one more Tier 2 extension as current visa would expire in Jan 2020)

Thanks
Ashish

[zimba]

NO she cannot get ILR now. Your wife can only apply for ILR within 28 days of completing her 5 years under PBS dependant visa. If you read carefully, you see BOTH conditions must be met

[amodi]

Thanks for confirming. So my wife needs to extend her PBS dependent leave.
Since she will be eligible for ILR on 1st May 2020 and current Tier dependent visa expiring on 20 Jan 2020.
So is there an provision for short term PBS dependent leave extension (6 month or 1 year like), so that we dont need to pay again NHS surcharge for whole 3 years ?
Also as i understand Max allowed duration on PBS dependent visa is 5 years, so even if she apply for PBS extension leave, she would get visa only until 1st May 2020 and we will have to pay NHS surcharge accordingly. Is this correct.

Thanks
Ashish

[CR001]

So is there an provision for short term PBS dependent leave extension (6 month or 1 year like), so that we dont need to pay again NHS surcharge for whole 3 years ?

You only have the option of a 3 year extension. You cannot apply or choose a lesser time.

Also as i understand Max allowed duration on PBS dependent visa is 5 years, so even if she apply for PBS extension leave, she would get visa only until 1st May 2020 and we will have to pay NHS surcharge accordingly. Is this correct.

The 6 year cap does NOT apply to tier 2 dependants. It ONLY applies to main tier 2 visa holders.

[aman90]

1. Apply for ILR by 20/1/20. Delay biometrics till spouse within qualifying period= visa issue date minus 28 days. Applicant must be qualified on date of decision.
indefinite-leave-to-remain/tier-1-enter ... l#p1832964

2. In case of PBS dep ext. Posters on this forum have “complained” of not getting the option to pay the full 3 year amount. Check it out by running a dummy application. (a request is sent out later for required amount by HO)
Delay biometrics and vary to ILR when in qualifying period. Previous appn fee shall be refunded and a chance of IHS refund.

uk-tier-1-entrepreneur-visas/full-ihs-r ... l#p1797788

[Casa]

1. Apply for ILR by 20/1/20. Delay biometrics till spouse within qualifying period= visa issue date minus 28 days. Applicant must be qualified on date of decision.
indefinite-leave-to-remain/tier-1-enter ... l#p1832964

The wife can't delay biometrics from 20/01/2020 to the qualifying date in May 2020. They MUST apply for an extension of their PBS Dependent visa.

[aman90]

1. Apply for ILR by 20/1/20. Delay biometrics till spouse within qualifying period= visa issue date minus 28 days. Applicant must be qualified on date of decision.
indefinite-leave-to-remain/tier-1-enter ... l#p1832964

The wife can't delay biometrics from 20/01/2020 to the qualifying date in May 2020. They MUST apply for an extension of their PBS Dependent visa.

“Can’t”? Or it’s risky to do so and hence unadvisable?
01/05/20 minus 28 days= 03/04/20

In my personal experience I was advised to attend an appointment to provide documents and biometrics within 2 months and 3 days and in case I did not, AFTER the above time period I’d be sent out a reminder email to do so.
Now it could be that every case gets different time frames..

[avipul]

Hi,

I'm in a similar situation, so interested in knowing how this scenario panned out.
Any update on this matter?

Thanks

[amodi]

Hi All,

Many thanks for your helpful suggestion.
My current situation now:

As I was bit concerned so applied for an PBS dependent extension(Wife, 2 Kids born in India) on 17th Jan 2020, So currently 3 year visa extension is still in progress and they are on 3C leave.
Also the IHS surcharge calculated/paid was 600£(for 6 months for 3 person) because there was no option to pay for 3 years.

- Is it okay to Start/Vary an ILR application and book appointment for 3rd April while the PBS visa extension is still in progress and they are on 3C ?

Also today i got an Intimation from IHS to pay the additional 3000£ (3year 3 person = 3600, 600 paid earlier ) by 15th of Feb.

So will it be okay if i pay extra IHS on 14th/15th Feb(to delay Visa process bit further) and then submit thier ILR application on 18th Feb, so that we should also be able to book the ILR same day appointment for 3rd of April(As i understand its a 45 day window)?

Thanks
Ashish

[amodi]

Hi,

Can someone please suggest.

Thanks

[zimba]

I suggest not to pay the IHS as you will lose it all. Vary to ILR now

[kritimodi]

Many thanks,
just to be sure i am writing down the steps and query at each steps.

1. I submit the ILR application now.

How long it takes for Home office to come back and ask for which application to proceed.

2. ILR application is chosen but Is it ok if I am still not in qualifying period( 3rd April) ?
Do they start checking on ILR application or put on hold until bio metrics done ?

3. Next should I take the appointment earlier than 3rd April in case appointment for 3rd is still not open and change it later.
or just wait until appointment available.

[zimba]

Many thanks,
just to be sure i am writing down the steps and query at each steps.

1. I submit the ILR application now.

How long it takes for Home office to come back and ask for which application to proceed.

2. ILR application is chosen but Is it ok if I am still not in qualifying period( 3rd April) ?
Do they start checking on ILR application or put on hold until bio metrics done ?

3. Next should I take the appointment earlier than 3rd April in case appointment for 3rd is still not open and change it later.
or just wait until appointment available.

1. Variation means you want to proceed with the new application. It is implicit
2. ILR is based on the decision date!
3. If you are going for a super priority, you must book a date that you are eligible

[kritimodi]

Thanks alot, just a last query pls:

- My concern is if i submit now,i may not be able to book an biometrics appointment for ILR earliest qualifying date( 3rd April) which still not falling in 45 days window from now. Seems once we submit online ILR application we have to book an bio metrics in certain period(45 days ?)

- Another concern, varying to ILR without paying the additional IHS, should not make the existing visa extension invalid(based on incomplete IHS payment) impacting 3C.

Thanks

[zimba]

My concern is if i submit now,i may not be able to book an biometrics appointment for ILR earliest qualifying date( 3rd April) which still not falling in 45 days window from now. Seems once we submit online ILR application we have to book an bio metrics in certain period(45 days ?)

Apply too early is not advised

- Another concern, varying to ILR without paying the additional IHS, should not make the existing visa extension invalid(based on incomplete IHS payment) impacting 3C.

You must tell UKVI when you decided to apply and vary

[kritimodi]

My concern is if i submit now,i may not be able to book an biometrics appointment for ILR earliest qualifying date( 3rd April) which still not falling in 45 days window from now. Seems once we submit online ILR application we have to book an bio metrics in certain period(45 days ?)

Apply too early is not advised

Thanks for your inputs,
As it may be too early to vary, so i have paid the additional IHS on 15th.
Now in case visa extension not processed by 18th Feb, Will it be okay if submit/Vary ILR application on 18/19th Feb. As in this case the online system will ask to book an bio metrics appointment within 45 days and i should be able to book an appointment for 3rd/4th april(28 days before 5 years completion) ?

[zimba]

Now you paid the IHS fees, it makes no difference as probably by that point UKVI grants the extensions

[kritimodi]

Now you paid the IHS fees, it makes no difference as probably by that point UKVI grants the extensions

But in case visa ext not yet processed(we dont receive confirmation) and we submit the ILR application on 18/02, will it still be considered for varying to ILR ?
The previous visa extension fees will get refund if not IHS ...correct ?

[zimba]

Correct but your extensions will be granted soon

[kritimodi]

Correct but your extensions will be granted soon

IS IT SAFE TO VARY NOW AS OUR ELIGIBILITY OF ILR ( 5 YEARS -28 DAYS) IS FROM 3RD APRIL?

[zimba]

You need to vary with a valid application meaning you must attend the appointment before a decision is made on the pending application. By April, I believe the extension will be approved.

[kritimodi]

You need to vary with a valid application meaning you must attend the appointment before a decision is made on the pending application. By April, I believe the extension will be approved.

Sorry but i am bit confused now . Please help!

So if I submit the ILR application tomorrow ( 45 days away from 5 years - 28 days) which gives me opportunity to book bio metrics appointment latest by 3rd April, what happens in this case.

1. Is it not automatically vary my extension application ?( which was my understanding since I know about varying).
2. Does it mean that extension application will follow its own route and ILR application will not be looked till i provide the bio metrics?
3. In case extension is granted by or before 3rd April, will the ILR applications be looked as new application after I provide the bio metrics on 3rd April?
4. Solicitor suggested to Submit the ILR application tomorrow and vary it again on 3rd April?

[zimba]

Variation of previous leave is when your new application is valid. UKVI will not process the application until you enrol biometrics and an application is not valid until you enrol your biometrics. If extensions are granted in meantime, then your ILR application will be a new application.