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PBS dependent visa extension where main applicant is on ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Mursh1m
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PBS dependent visa extension where main applicant is on ILR

Post by Mursh1m » Sun Sep 13, 2020 9:31 am

Dear All,

I'm currently on ILR having been on Tier 2 for 5 years. My spouse came to the UK in Dec 2017 under a Tier 2 PBS dependant visa, we renewed it in Nov 2019 for a year and in a month's time, I received my ILR and her visa is currently expiring on the 16th February 2021. I have the following questions to be answered by the experts here in the forum

1- My spouse will need to apply for a PBS extension or FLR (M) ??We are planning to apply for ILR and do not want to reset the clock by applying for FLR(M)
2- When is the soonest that my spouse could apply for this extension? is it still 28 days pre-expiry date 16 Feb 2021? I'm planning to apply earlier by mid september as we have a committment to travel next January and also considering the increase in IHS fees from October and I am planning to avoid paying extra money.
3.Do we need to apply for NARIC certificate?
4.Sponsor in my last CoS (now expired and I'm in ILR)has marked 'Yes' for 'Maintenance for migrant and depndents' so should I mark it as 'yes' for the question 'sponsor agreed to certify your maintenance?' In the current extension application?
5.Due to the lockdown across various countries during the pandemic, my spouse couldn't travel to UK as the airports were shut and flights were cancelled this led to my spouse staying close to 6.5 months outside UK this year.We have all the mail from airlines and government on cancellations.Does it have any impact on PBS dependent visa extension?We have also sent mail to UKVI but haven't heard back however few solicitors confirmed that they will take excpetions in this case.

Many thanks to you all for your help on this.

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CR001
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Re: PBS dependent visa extension where main applicant is on ILR

Post by CR001 » Sun Sep 13, 2020 10:06 am

1. Tier 2 dependent extension.

2. Apply anytime, provided you meet the requirements and 90 days maintenance funds. Note that the extension will be for 3 years regardless of when you apply.

3. No. PBS dependent has NO English requirment.

4. Your sponsor cannot certify maintenance once you have ilr, the rules are clear about this. You need to prove funds for 90 days with your bank statements showing £630 for each dependent applying.

5. It is irrelevant for an extension, however her ilr clock will reset due to absence of more than 180 days since her last visa was issued in November 2019. There has been no change to the absence limits.
Char (CR001 not Casa)
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Mursh1m
Newly Registered
Posts: 11
Joined: Sat Nov 23, 2019 6:08 pm
India

Re: PBS dependent visa extension where main applicant is on ILR

Post by Mursh1m » Sun Sep 13, 2020 10:40 am

Thank you very much CR001 for the prompt response.

Regarding the maintenance, I have got a day where the balance dropped down from my account( main applicant) to less than £ 600 where as the join account had more than £ 630.Can we submit both a proof of funds?

Regarding the 180 days absence, my wife has received a response from UKVI stating that they ll consider on a case to case basis.

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CR001
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Re: PBS dependent visa extension where main applicant is on ILR

Post by CR001 » Sun Sep 13, 2020 10:45 am

where as the join account had more than £ 630.Can we submit both a proof of funds?
Yes.
Regarding the 180 days absence, my wife has received a response from UKVI stating that they ll consider on a case to case basis.
Still unlikely to qualify for ilr as the immigration rules stand currently.
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.

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