PBS Dependant & ILR application timing - Urgent

[Tanush01]

Hello,

My wife is currently on tier2 general & her visa details are as follows:

Visa start: 17-Nov-15; Entry Clearance: 22-Nov-15; BRP End date: 17-Dec-20

I & kids switched to become her dependant on 22-Dec-19 (last year) and our BRP end date is tied with wife's as 17-Dec-20

Based on initial advice by gurus on this form, my wife is planning to apply for her ILR under priority route on 25-Oct-20. My questions are:

1.Need re-confirmation that there are no issues with application submission date calculated as 25-Oct-20.

2. She will receive a reference letter from her employer on 20-Oct-20, will the letter be valid if she applies on 25-Oct-20 or afterwards? How long is the letter valid for?

3. Since my PBS Dependant will expire on 17-Dec-20; when should I submit my PBS Dependant extension application?
a) will this be along while submitting my wife's ILR? OR
b) do I need to wait until her ILR application is approved & we have received her BRP OR
c) I can submit while application is in progress (i.e.while we have submitted application but before biometrics are done or BRP received)?

I am confused what procedure needs to be followed in my case. If ILR takes time, what will happen to our visa if we donot submit an extension before BRP expiry?

4. While filling the ILR Set(0) form for my wife, can you please confirm that I need not enter my dependent details or attach any docs since we donot yet qualify for ILR.

5. If the answer to question 3 (i.e. I can submit PBS dependant application along with ILR submission or while this is in progress stage), what should be mentioned in my PBS dependant form regarding my wife
visa details within the below fields?
a) Which visa or permission to stay has <person you are joining = wife> applied for or been granted?
b) Do you have one of these Home Office reference numbers for <person you are joining>?
c) BRP number <person you are joining>?
d) Does <person you are joining> have indefinite leave to remain or British citizenship?

6. For my PBS Dependant form there is a below question around current status - should I say Yes or No?

Do you currently have a valid visa or leave to remain as a dependant of a points-based system (PBS) migrant?

7. I have 2 kids - younger born in UK & elder born in India (both PBS Dependant with BRP expiry 17-Dec-20)

a) Do I need to submit PBS Dependant extension for younger since I was advised earlier that I can directly apply for his citizenship once either parent is granted ILR (assuming she gets ILR before BRP expiry of kid) since he is born in UK. Should I wait until my wife gets ILR or do I need to apply PBS Dependant form & later apply for citizenship.
Basically when is the best time to apply for his citizenship keeping risks to minimum.

I have asked a lot of questions - so apologies in advance however I feel many of us may have similar questions & the guidance on UK home office site is minimal.

I trust the gurus here & hence request for your kind support.

Many Thanks

Kind Regards

[CR001]

You should ask PBS Dependent questions separately to ILR questions. They are two completely different applications. ILR question must be posted in the ILR sub forum and British Citizenship questions in the British Citizenship sub forum.

indefinite-leave-to-remain/cos-brp-ilr- ... l#p1933314

Based on initial advice by gurus on this form, my wife is planning to apply for her ILR under priority route on 25-Oct-20. My questions are:

Priority service is currently still suspended, so it is not available.

1.Need re-confirmation that there are no issues with application submission date calculated as 25-Oct-20.

Yes, if that is within 28 days before the 5th anniversary of her initial visa issue date. This was already answered when you asked previously in the topic link above.

2. She will receive a reference letter from her employer on 20-Oct-20, will the letter be valid if she applies on 25-Oct-20 or afterwards? How long is the letter valid for?

It needs to be dated within 28 days before date of online application. Also it is NOT a 'reference letter'. It is an employment details and absence letter.

3. Since my PBS Dependant will expire on 17-Dec-20; when should I submit my PBS Dependant extension application?
a) will this be along while submitting my wife's ILR? OR
b) do I need to wait until her ILR application is approved & we have received her BRP OR
c) I can submit while application is in progress (i.e.while we have submitted application but before biometrics are done or BRP received)?

3a. Before YOUR visa expires, regardless of whether your spouse's ILR is approved or not.

I am confused what procedure needs to be followed in my case. If ILR takes time, what will happen to our visa if we donot submit an extension before BRP expiry?

You will be an overstayer!! Already answered in the topic above previously.

4. While filling the ILR Set(0) form for my wife, can you please confirm that I need not enter my dependent details or attach any docs since we donot yet qualify for ILR.

No you don't, correct because you are NOT applying for ILR.

5. If the answer to question 3 (i.e. I can submit PBS dependant application along with ILR submission or while this is in progress stage), what should be mentioned in my PBS dependant form regarding my wife
visa details within the below fields?
a) Which visa or permission to stay has <person you are joining = wife> applied for or been granted?
b) Do you have one of these Home Office reference numbers for <person you are joining>?
c) BRP number <person you are joining>?
d) Does <person you are joining> have indefinite leave to remain or British citizenship?

5a. The options in the form as far as I am aware will be Tier 2.
5b. Presumably you have a number.
5c. Self explanatory
5d. You would need to answer honestly at the time you apply.

6. For my PBS Dependant form there is a below question around current status - should I say Yes or No?

Do you currently have a valid visa or leave to remain as a dependant of a points-based system (PBS) migrant?

Well obviously YES as that is what you hold!!

7. I have 2 kids - younger born in UK & elder born in India (both PBS Dependant with BRP expiry 17-Dec-20)

a) Do I need to submit PBS Dependant extension for younger since I was advised earlier that I can directly apply for his citizenship once either parent is granted ILR (assuming she gets ILR before BRP expiry of kid) since he is born in UK. Should I wait until my wife gets ILR or do I need to apply PBS Dependant form & later apply for citizenship.

Not for the younger UK born child. Simply wait till wife gets ILR as already advised in your previous topic!!

Basically when is the best time to apply for his citizenship keeping risks to minimum.

What 'risk''???

Please read the previous advice given to you in the topic link above again.

[Tanush01]

Many Many Thanks CR001 - as always you have been a great help.

Apologies didn't post separate thread since I was more worried about the timing between two.

As I understand from your advice that priority service is not available & hence there is no guarantee that ILR for my wife would be granted before end of my BRP date.

Hence I & elder kid should wait (need not apply together with wife) but make sure that I apply before brp expiry.

For younger kid if wife's ILR takes more time and it's not granted before BRP expiry - then do I still not apply for PBS Dependant? & Will he not be classed as overstay?

I have another question for IHS fees - shall I post under ILR section?

Many many thanks again - you are simply great !!

[CR001]

- then do I still not apply for PBS Dependant? & Will he not be classed as overstay

You don't need to apply for a visa extension. The overstay is irrelevant to UK born children as they have an entitlement to register as British and do not need a visa or ilr to do that.

I have another question for IHS fees - shall I post under ILR section?

IHS is not relevant to ilr. If it is IHS about the PBS dependent extension, ask in this topic.

[Tanush01]

Many thanks for your response.

This means I should not have even applied for younger kid PBS Dependant while I switched a year back since he was born in UK. Just to let you know that he currently holds Indian passport & hope this will not matter.

Regarding IHS, how should I calculate 3 years fees. Will it be calculated from < new application submission date> or my existing brp end date. The reason I am asking this is wouldn't i have already paid until end of my current brp.

Thanks again

[CR001]

Just to let you know that he currently holds Indian passport & hope this will not matter.

Makes no difference. He will lose his Indian citizenship once he becomes British.

Regarding IHS, how should I calculate 3 years fees. Will it be calculated from < new application submission date> or my existing brp end date. The reason I am asking this is wouldn't i have already paid until end of my current brp.

Date of application plus 3 years.

[Tanush01]

Many many thanks again - you are brilliant

[Tanush01]

Just a quick question CR001 when new PBS Dependant BRP is issued, would it take into account my existing end BRP duration. I mean start date on new BRP would be after expiry of existing one?

Thanks in advance

[CR001]

Start date of the new visa extension is from date of approval, whether before or after current visa expiry date.

The start date is not "tagged onto" the last visa expiry date.

[Tanush01]

Thanks CR001 & Gurus - My wife has obtained ILR email on 11-dec. I am hoping to have her ilr card issued in next 10 days.

Based on earlier guidance, I have started my PBS dependant form. What will I need to enter in " whether you have taken medical treatment in UK?" For myself & kid.

Since I am on tier 2 & paid my & dependant IHS - it's free isn't it? I pay for my prescriptions whereas for my kid its free.

I don't remember all appointments with GP & my kid is undergoing orthodontics treatment.

It asks whether you have been asked to pay for treatment - shall I say yes ( because I pay for prescriptions)

& no ( for my kid)?

It asks for all dates - start & end of treatment - how should I answer this as I don't remember.

Is there any central email id/ phone number of NHS that provides previous prescriptions dates? Who maintain this data?

[Vavi]

Hi Tanush,

I am also submitting the PBS dependent form for my wife. Have you received any response regarding medical treatment in UK?

[Tanush01]

Hi Tanush,

I am also submitting the PBS dependent form for my wife. Have you received any response regarding medical treatment in UK?

Hi Vavi,

I searched in this form & found out that we would need to say yes if we have gone to GP or dentist and have been prescribed medications or treatment. Don't remember the thread.

However for next question whether I paid, I marked no since treatment was free for my kid and in general GP is free. I am planning to say that I have paid for the prescriptions for myself in cover letter though.

[Vavi]

Thanks Tanush01

[kooper2000]

Hi Tanush,

I am also submitting the PBS dependent form for my wife. Have you received any response regarding medical treatment in UK?

Hi Vavi,

I searched in this form & found out that we would need to say yes if we have gone to GP or dentist and have been prescribed medications or treatment. Don't remember the thread.

However for next question whether I paid, I marked no since treatment was free for my kid and in general GP is free. I am planning to say that I have paid for the prescriptions for myself in cover letter though.

Hi Tanush,

Did you give all details for whatever non-emergency visits done over the years? We have not kept any such records over the years. How did you handle the details where we have to fill "When did you start receiving the medical treatment " and "When did you stop receiving the medical treatment".

Thanks in advance
KK

[Tanush01]

Hi Tanush,

I am also submitting the PBS dependent form for my wife. Have you received any response regarding medical treatment in UK?

Hi Vavi,

I searched in this form & found out that we would need to say yes if we have gone to GP or dentist and have been prescribed medications or treatment. Don't remember the thread.

However for next question whether I paid, I marked no since treatment was free for my kid and in general GP is free. I am planning to say that I have paid for the prescriptions for myself in cover letter though.

Hi Tanush,

Did you give all details for whatever non-emergency visits done over the years? We have not kept any such records over the years. How did you handle the details where we have to fill "When did you start receiving the medical treatment " and "When did you stop receiving the medical treatment".

Thanks in advance
KK

Hi KK,

I have been able to receive all the details of my medical treatment from GP. There are many visits however I have just mentioned those where the prescription was given. Start date & end date were mainly 1 day in my case since it's just normal visit to GP.

Regarding question whether you paid - I said no. I have mentioned in my cover letter that - "though I have visited to GP however there has never been any payment to GP surgery for my visit since I am ordinary resident in UK being on tier 2 who has paid my IHS & I always pay for my prescriptions. Hence there is no pending debt against my visits & treatments in UK."

I too have not maintained any receipts of prescriptions since this was never a requirement earlier.

I don't think this will affect the application - even if they cross check about pending debt, I donot worry since I have always paid for my prescriptions & there is no pending debt. There is a requirement that debt should not be greater than 500 GBP & mainly checked for visitor visa cases OR where the person had earlier come on visitor visa & then switched to tier 2.

The application form is very generic - so fill with the best of the available information & mention rest in cover letter.

[kooper2000]

Thanks Tanush for your prompt response

KK

[moal11]

Hi,
Sorry to raise this question regarding the medical teatment as I am still running through the application. But will they ask to submit evidence, i.e. document from the GP or hospital?


Regards,
Moal