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PBS Dependant Switching to Spouse

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Shaaz2029
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PBS Dependant Switching to Spouse

Post by Shaaz2029 » Sun May 10, 2020 12:12 am

Dear gurus and senior members

Can you please help me with this

1-When switching from PBS dependant to Spouse visa, is it mandatory to send tenancy agreement When applicant is sharing a house.

2- Is there any alternative, the landlord just said “NO”

Many thanks

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CR001
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Re: PBS Dependant Switching to Spouse

Post by CR001 » Sun May 10, 2020 9:18 am

Why are you changing visa route and not extending the lbs dependent visa??

Switching to FLR m spouse visa repairs their ilr clock to zero.
Char (CR001 not Casa)
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Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Sun May 10, 2020 10:33 am

Thank you for reply

For some reasons pbs extension Is not possible. The only option is to apply for Spouse category. Through spouse route, we know naturalisation can be applied straight away after getting ILR.

The only issue is the absence of tenancy agreement, the landlord just do not want to give the contract. It’s worrying.

Please advice if there’s any solution?

Thank you so much

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CR001
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Re: PBS Dependant Switching to Spouse

Post by CR001 » Sun May 10, 2020 10:51 am

For some reasons pbs extension Is not possible. The only option is to apply for Spouse category. Through spouse route, we know naturalisation can be applied straight away after getting ILR.
Why is it not possible??? Naturalisation can be applied immediately after ilr regardless of the route to ilr provided the dependent is married to a British citizen. It is not only available to spouse visa holders.

Switching to FLR m means she has to wait 5 years before she can apply for ilr, 2 X 2.5 year visas.

A PBS dependent visa is granted for 3 years if you hold ilr.
Char (CR001 not Casa)
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Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Sun May 10, 2020 1:17 pm

The 90 days maintenance fell below the required level of funds that’s why switching to Spouse route.

The only thing missing is tenancy agreement.

1- Is there any chances of spouse application to be successful without tenancy agreement ?

2-Can send 12 months bank statements to prove living at the same address ( in both names). Can it be considered as a replacement of tenancy agreement?

Please advice?
Many thanks

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seagul
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Re: PBS Dependant Switching to Spouse

Post by seagul » Sun May 10, 2020 3:38 pm

Shaaz2029 wrote:
Sun May 10, 2020 1:17 pm

The only thing missing is tenancy agreement.

1- Is there any chances of spouse application to be successful without tenancy agreement ?

2-Can send 12 months bank statements to prove living at the same address ( in both names). Can it be considered as a replacement of tenancy agreement?

Please advice?
Many thanks
1. No. Also not sure whether the online form will even move forward without it. As you are living in a sharing accomodation so inspection report will also be required which in your case most likely wouldn't be able to obtain. So either to rent elsewhere or ask your friend/family member to assist you before risking to spend a heavy none-refundable fee.

2. No. These usually cover another requirement of proving cohabitation which isn't needed to fulfill at the first stage of spouse visa.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Sun May 10, 2020 4:38 pm

Thank you for your reply...

We can find a house elsewhere to move if the landlord does not agree. In this case can we provide a tenancy agreement of a property where we are going to move instead of where we are living now ?

We are submitting the application this week. All our prof of addresses are at the current address for which we don’t have any tenancy agreement ?

Please advice

Many thanks

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seagul
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Re: PBS Dependant Switching to Spouse

Post by seagul » Sun May 10, 2020 5:32 pm

Shaaz2029 wrote:
Sun May 10, 2020 4:38 pm
Thank you for your reply...
. In this case can we provide a tenancy agreement of a property where we are going to move instead of where we are living now ?
Yes and make sure to have it in joint names so that you don't need the landlord's noc letter. Also try to refrain in living at a shared accomodation due to cvd19 and visa purposes.
Shaaz2029 wrote:
Sun May 10, 2020 4:38 pm
We are submitting the application this week. All our prof of addresses are at the current address for which we don’t have any tenancy agreement ?

Please advice

Many thanks
No issue. Along with previous proofs of address just attach your new tenancy agreement which is a sufficient latest proof of address.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Re: PBS Dependant Switching to Spouse

Post by CR001 » Sun May 10, 2020 5:36 pm

Shaaz2029 wrote:
Sun May 10, 2020 1:17 pm
The 90 days maintenance fell below the required level of funds that’s why switching to Spouse route.

Do not have saving totally £630 in any accounts in either of your names, in the UK or abroad??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Sun May 10, 2020 6:04 pm

Many thanks for replying dear people

I think the tenancy agreement for new house is the best solution available now.

We did maintain around £750 but we used a credit card recently for which the direct debit was set up for the full statement amount instead of minimum payment. It took the account balance below the required level only for few days. I transferred the money immediately when I realised, but the statement clearly shows balance went down below for few days. I just spotted it.
The solicitor says pbs dependant is impossible now, the only option is spouse visa.

Please help if anyone has a better solution.


Many thanks once again

Shaaz2029
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Posts: 141
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Thu May 14, 2020 12:36 pm

Dear gurus
Please help me
if we manage to arrange maintenance from some source then what forms my dependant meeds to fill ?

When adding her on Tier 1 Ent ILR set O as dependant her fee comes to £2408 same as mine. I am applying ILR T1 entrepreneur. She is here in uk for just over 3 years.

Please help which form we need to fill for my wife as dependant and how much fee we have to pay ?

Many thanks

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CR001
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Re: PBS Dependant Switching to Spouse

Post by CR001 » Thu May 14, 2020 12:55 pm

You CANNOT add her to your ILR SET(O) form. She doesn't qualify for ILR yet.

If you meet the requirements of the maintenance, she MUST apply as as PBS Dependent on the PBS Dependent form.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Thu May 14, 2020 1:03 pm

Thank you CR001

Is it possible if you can post pbs dependant form link here and how much we have pay ?

Many thanks

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CR001
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Re: PBS Dependant Switching to Spouse

Post by CR001 » Thu May 14, 2020 1:28 pm

Shaaz2029 wrote:
Thu May 14, 2020 1:03 pm
Thank you CR001

Is it possible if you can post pbs dependant form link here and how much we have pay ?

Many thanks
Google??

https://visas-immigration.service.gov.u ... 1589200752
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shaaz2029
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Re: PBS Dependant Switching to Spouse

Post by Shaaz2029 » Thu May 14, 2020 1:35 pm

Thank you
I did google it, but it was confusing. I thought better ask the experts.

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seagul
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Re: PBS Dependant Switching to Spouse

Post by seagul » Thu May 14, 2020 4:13 pm

Shaaz2029 wrote:
Thu May 14, 2020 1:35 pm
Thank you
I did google it, but it was confusing. I thought better ask the experts.
https://www.gov.uk/tier-1-entrepreneur/family-members
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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