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Question about extending Tier 2 dependant visa after spending extended time out of UK?

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

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farazk86
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Posts: 140
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Pakistan

Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by farazk86 » Fri Sep 23, 2022 12:26 am

Hi all,

I am the main applicant and am now on ILR (10 year route). My wife has a Tier 2 dependant visa which expires on 14 December 2022. I would also like to note that my wife travelled out of UK in November 2021 and returned in August 2022. So she has already reset her ILR clock and has been away for an extended period very recently.

Can you please guide me with my questions below:
  • From reading the other forum posts asking similar questions, I understand that I would have to extend my wife application for another 3 years using this link: https://www.gov.uk/skilled-worker-visa/ ... d-children. Is this correct?
  • I also not that in all answers provided by respected members, the above route is given for extension so as not to reset the ILR clock. But in my case that has already been reset. In my case, is this still the best route for extension?
  • In the above link for PBS dependant, there is a requirement that " You must prove that you’ve been living together in a relationship for at least 2 years when you apply". Will this apply to me since I am extending application, and if so, will this create a problem for me as my wife visited out of UK very recently for an extended period of 10 months?
  • as mentioned, my wife has already reset the ILR clock, is there a way I can extend her visa by only 1 year?
Thank you

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CR001
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Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by CR001 » Fri Sep 23, 2022 4:39 am

If you got ilr based on 10 years long residence, she cannot extend her PBS dependent visa. Her only option is to switch to FLR M spouse visa and must meet the English and financial requirement.
Char (CR001 not Casa)
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farazk86
Member
Posts: 140
Joined: Sat Sep 02, 2017 12:46 pm
Pakistan

Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by farazk86 » Fri Sep 23, 2022 12:04 pm

CR001 wrote:
Fri Sep 23, 2022 4:39 am
If you got ilr based on 10 years long residence, she cannot extend her PBS dependent visa. Her only option is to switch to FLR M spouse visa and must meet the English and financial requirement.
Thanks for letting me know CR001, good thing I asked here first to confirm.

Can you please confirm that this is the link to the visa you are referring to: https://www.gov.uk/uk-family-visa/partner-spouse

Also, in there the same condition is mentioned as well..
you’ve been living together in a relationship for at least 2 years when you apply
Will it be a problem that my wife was away for about 10 months recently? We've been married from December 2019, but she came to the UK in March 21 due to delays caused by covid and then for personal reasons went back again to Pakistan in November 21 and returned in August 22. Will this cause a problem with the above requirement?

Thanks

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CR001
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Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by CR001 » Fri Sep 23, 2022 12:06 pm

The living together is not mandatory if you are married.

Correct link.
Char (CR001 not Casa)
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farazk86
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Posts: 140
Joined: Sat Sep 02, 2017 12:46 pm
Pakistan

Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by farazk86 » Fri Sep 23, 2022 12:20 pm

Many thanks CR001 for clarifying.

And is this the only route available for extension? Is there possibility to apply for a shorter visa? like 1 year one?

Thank you

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CR001
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Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by CR001 » Fri Sep 23, 2022 12:25 pm

And is this the only route available for extension?
Yes.
Is there possibility to apply for a shorter visa? like 1 year one?
No. A spouse visa is granted for 2.5 years. Dependents will need 5 years on the spouse visa before they can apply for ILR.
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.

farazk86
Member
Posts: 140
Joined: Sat Sep 02, 2017 12:46 pm
Pakistan

Re: Question about extending Tier 2 dependant visa after spending extended time out of UK?

Post by farazk86 » Mon Sep 26, 2022 3:14 pm

Hi,

Asking about the English certification for my wifes extension application.

UKVI website mentions these language certifications:
Trinity College London
IELTS SELT Consortium
LanguageCert
Pearson
Does anyone have any experience they want to share, is one better over the other? Any bad experiences?

For me, LanguageCert and Pearson are good as they have test centres nearby. Are either of these good to select? Any reason for me to book with one or the other?

Also, for my wife's visa application, is it ok for me to just book the A1 English test?

Thanks

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