PBS Dependant Visa

[mokkanaai]

Hello folks,

Hope everyone is doing well despite the pandemic. Stay safe and stay home.

I am trying to do the continuous residence calculation for my ILR eligibility. I came to UK as a PBS dependant while the main applicant was on Tier 2 ICT. I know the ICT holders are not eligible for settlement if their visa is granted on or after April 6 2010. My visa situations are as follows.

15 May 2016 to 7 March 2017 - PBS Dependant (Main Applicant on Tier 2 ICT)
8 March 2017 to till date - Tier 2 General

The PBS Dependant days are 297 days in the UK. Can I add these days to my continuous residence calculations? I couldn't find any documents in Home Office gov.uk site or in these forums about my kind of situation. I have also not see any requirement mentioned for the PBS dependants in the https://assets.publishing.service.gov.u ... 2.0ext.pdf or the older versions of this doc. Not sure If I missed it either.

So kindly help me if I can add those 297 days for my ILR eligibility or should I only calculate from 8 March 2017 for the ILR.

Thanks

[CR001]

No, you cannot add the PBS dependent time to make up 5 years. You need 5 years residence as PBS main visa holder before you can play for ilr based on 5 years, so from 8th march 217.

[mokkanaai]

No, you cannot add the PBS dependent time to make up 5 years. You need 5 years residence as PBS main visa holder before you can play for ilr based on 5 years, so from 8th march 217.

Thanks much. So it is only on 8 March 2022, then

[mokkanaai]

Hey all,

Hope you all are doing well, staying safe in this pandemic times. I have few queries about my dependants' visa processing. To give you all the situation's brief, my dependants are going for renewal in 17 Jan 2022 and they will get the visa approved up until 17 June 2022 as per the validity of my current Skilled Worker Visa. I am due for ILR processing coming 22 March 2022. That means I can submit my ILR application 28 days early which is 22 Feb 2022. My dependants will be eligible for ILR on 04 August 2022.

I can keep extending them until they're eligible once my ILR is approved. This will be an expensive and cumbersome way, tbh. They have to go through biometrics multiple times and you know how difficult it is to get a free appointment. However, I can apply for my dependants visa extending in the month of June 2022 and book the biometrics post 4th of August so that once they're eligible, I can simply change their visa application to ILR application and proceed processing it. This is possible as per few posts I read in here and previous discussion I had with my employer's immigration solicitor who processed my Skilled Worker visa. My questions are as follows.

1. If I apply for the PBS dependant visa extension sometime in Jan 2022, say 05 Jan 2022 and push the biometrics date to the second week of March 2022, will I be able to change their visa application to point to my new ILR status? This is similar to the one that was suggested for my dependants' visa extensions and ILR date clash. They will be eligible for ILR on 04 Aug 2022 and I was suggested to push the biometrics for the PBS dependant visa later than this date to accommodate their ILR situation and avoid additional visa charges.

2. To do the above, will it be a new application that I need to submit after obtaining my ILR for the PBS Dependant visa or will I be able to amend the one that we submit in Jan 2022?

3. If I am eligible from 22 Feb 2022, can I apply my ILR in a super-priority method? I came into the UK on 22 March 2017 and my 5-year continuous residence completes on 22 March 2022.

If any of you have come across such situation shed me some light, it will be really great. I need to proceed with the dependants visa extension soon asn Jan 2022 is not very far.

Thanks a lot in advance.

[zimba]

You can push their biometrics appointment for 45 days. They should apply directly for the Skilled worker dependant visa (standard service) in before 17 Jan 2022 and push the biometrics to end of Feb/early March. By that time you should have your ILR. So their visa will be granted with expiry beyond June 2022.

You can apply for ILR using the priority service, assuming you are offered this service online.

[mokkanaai]

You can push their biometrics appointment for 45 days. They should apply directly for the Skilled worker dependant visa (standard service) in before 17 Jan 2022 and push the biometrics to end of Feb/early March. By that time you should have your ILR. So their visa will be granted with expiry beyond June 2022.

You can apply for ILR using the priority service, assuming you are offered this service online.

Thanks, Zimba. That is so much helpful.

When you mean I can push the biometrics appointment by 45 days, does that mean I need to find one by 01 March 2022 if I apply their PBS visa on 14 Jan 2022? Free biometrics appointment are very hard to get so would it be legal and okay if I book one on the date later to 01 March 2022 ?

[zimba]

There is no legal limit. UKVI may reject your application as invalid if you fail to enrol the biometrics in a reasonable time. It seems the 45 days is the period they consider to be reasonable.

[mokkanaai]

There is no legal limit. UKVI may reject your application as invalid if you fail to enrol the biometrics in a reasonable time. It seems the 45 days is the period they consider to be reasonable.

Thanks, Zimba. Much appreciated.

[mokkanaai]

First of all, Thanks to all moderators and members in this forum. Without the information from the posts in this fourm , I wouldn't have completed my ILR application. I am so pleased (and relieved) to inform you all that my ILR applicaiton has been successful. The following are my timeline

Tier2 Gen Issued: 22 March 2017
Earliest I can apply: 22 Feb 2022
Started ILR application: 7 Jan 2022
Submitted ILR application: 22 Feb 2022 (Super priority)
Biometrics Appointment: 02 March 2022 (SMS received at 12:40 PM)
Result received: 03 March 2022 (Email received at 9:55 AM)

The question I have now is about the documents I need to submit for my PBS Dependants.

Like mentioned and suggested in the original posts and replies, I have the timelines for my dependants PBS visas as given below.

PBS Visa Expiry: 17 Jan 2022
PBS application submitted: 07 Jan 2022
Biometrics appointment booked: 05 March 2022 (The biometrics have to be submitted on or before 10 March 2022 as per the email received)

When I filled the application, I provided my Skilled Worker Visa as a proof of leave to remain for main applicant. That leave to remain is valid till 24 June 2022. According to my ILR email, the previous leave granted is no longer valid and I ahve to return my BRP. I haven't received my ILR BRP yet.

I am planning to write a cover leter for my dependants to explain this. Would the cover letter along with the copy of the email of ILR success result is enough to get them maximum validity in their PBS Visa extension? Has anyone seen such case in this forum?

Thanks much.

[ywlgy]

It's better to include the cover letter to remind UKVI. However, the IHS paid was wrong (should be 3 years) so expect to receive a top-up email.

[mokkanaai]

It's better to include the cover letter to remind UKVI. However, the IHS paid was wrong (should be 3 years) so expect to receive a top-up email.

Yeah, I thought it would be the case as I don't have the bRP yet, they might send an email requesting the document as well.

Thanks for the reply.