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PBS main applicant applying for ILR/ dependant applying for Entry Clearance

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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Sandra35
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PBS main applicant applying for ILR/ dependant applying for Entry Clearance

Post by Sandra35 » Tue Nov 10, 2020 11:29 am

Hi,

Would appreciate your thoughts on this.
A PBS under Tier 2 is eligible to apply for ILR. His wife would like to apply for EC as soon as possible.
Would it be best for the Tier 2 main applicant to first apply & hopefully obtain ILR prior to his wife submitting an application for EC?
I suppose there's the risk that if main applicant was refused for some reason, she would also lose her application fee. Apart from that, is there any reason she could not apply at the same time?
Many thanks

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CR001
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Re: PBS main applicant applying for ILR/ dependant applying for Entry Clearance

Post by CR001 » Tue Nov 10, 2020 3:09 pm

If the tier 2 migrant applies for and is grante ilr, the spouse abroad CANNOT apply for a tier 2 general dependent visa.

Either bring your spouse on a tier 2 dependent visa now and then apply for ilr later.

Or apply for ilr and use the spouse of settled person visa route, which has more requirements to be met.
Char (CR001 not Casa)
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Sandra35
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Re: PBS main applicant applying for ILR/ dependant applying for Entry Clearance

Post by Sandra35 » Tue Nov 10, 2020 5:49 pm

Many thanks for your response. That's a very valid point, thank you

Sandra35
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Re: PBS main applicant applying for ILR/ dependant applying for Entry Clearance

Post by Sandra35 » Wed Nov 11, 2020 8:44 am

Apologies, I have a further question.
The main applicant's T2 visa expires in February 2021. If the dependant spouse made an application now, she would be granted leave in line with her sponsor. Which means that either by the time she is granted EC she would have very little time on her visa or the sponsor's visa would be at risk of expiring.

Would the HO even issue EC on that basis? The timing seems too tight.

Would really appreciate your thoughts on this.
Thank you

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