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PBS dependent visa incessant delays - potential workaround

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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nsr165
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United Kingdom

PBS dependent visa incessant delays - potential workaround

Post by nsr165 » Thu Nov 03, 2022 3:54 pm

Hello

Hope everyone's well.

My wife recently applied for an extension to her PBS dependent visa and we're crossing the 8-week mark. Judging from everyone's comments on the forum, it seems that the UKVI is taking nearly 3/3.5 months to process these applications. I'm very frustrated that the guidance has not been updated within the webpages and it still mentions a turnaround time of 8 weeks. I also don't understand why the UKVI did not provide an option to fast track the application which is what I've typically used in the past due to the general level of personal distrust in the UKVI adhering to their SLAs.

We're due to travel by the end of this month and I'm not expecting the Home Office to reach a decision by that time. To avoid costly changes, I'm thinking of going ahead with the journey and getting the card delivered to us when it comes through in another month or so.

Has anybody thought about taking this route? There are obvious implications to this, however, wanted to see if there are other risks that I should consider before going making a call. For example, would this affect her settlement application later in a few years' time?

Thanks.

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: PBS dependent visa incessant delays - potential workaround

Post by meself2 » Thu Nov 03, 2022 4:23 pm

If she leaves the country, her application will be withdrawn (unless you're staying inside the CTA, which I wouldn't expect to be the case).

ref. clause 34K of the immigration rules:
34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

nsr165
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Posts: 26
Joined: Wed Jul 01, 2020 6:43 pm
United Kingdom

Re: PBS dependent visa incessant delays - potential workaround

Post by nsr165 » Thu Nov 03, 2022 5:08 pm

meself2 wrote:
Thu Nov 03, 2022 4:23 pm
If she leaves the country, her application will be withdrawn (unless you're staying inside the CTA, which I wouldn't expect to be the case).

ref. clause 34K of the immigration rules:
34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.
Thanks for your response. I fully understand the legality of the choice but my point was more from a practical standpoint. I assume the time that they'd know a person with an ongoing application has exited the country would be longer than them processing the application.

My only concern is when she'd apply for settlement her passport would be stamped with an entry date and that would contradict the date on her BRP. Maybe this would still work if we get a decision before we travel and don't wait to physically receive the BRP.

nsr165
Newly Registered
Posts: 26
Joined: Wed Jul 01, 2020 6:43 pm
United Kingdom

Re: PBS dependent visa incessant delays - potential workaround

Post by nsr165 » Thu Nov 03, 2022 5:09 pm

Does anyone else have a timeline of their application that they'd be willing to share? Thanks!

wanderer05
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India

Re: PBS dependent visa incessant delays - potential workaround

Post by wanderer05 » Sat Nov 05, 2022 9:04 am

You are still away from getting any decision as am waiting since end of July.

+ If you did not pay IHS fee appropriately and is adjusted by Home Office....god knows when they would bless with decision. They are simply just dragging cases with little information.

Atleast update UKVI site so people can plan.

mm99
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Pakistan

Re: PBS dependent visa incessant delays - potential workaround

Post by mm99 » Sat Nov 05, 2022 7:33 pm

Hi, just double checking, you mentioned that your wife has applied for extension in PBS dependant visa. Did you apply for the extension under the skilled worker dependent category please ?
Thanks in advance.

nsr165
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Posts: 26
Joined: Wed Jul 01, 2020 6:43 pm
United Kingdom

Re: PBS dependent visa incessant delays - potential workaround

Post by nsr165 » Sun Nov 06, 2022 11:00 pm

wanderer05 wrote:
Sat Nov 05, 2022 9:04 am
You are still away from getting any decision as am waiting since end of July.

+ If you did not pay IHS fee appropriately and is adjusted by Home Office....god knows when they would bless with decision. They are simply just dragging cases with little information.

Atleast update UKVI site so people can plan.
When did you exactly apply and what is your current immigration status? Wholly unacceptable behaviour from the Home Office. It seems that they're just using the Ukraine crisis to shield their incompetence.

nsr165
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Posts: 26
Joined: Wed Jul 01, 2020 6:43 pm
United Kingdom

Re: PBS dependent visa incessant delays - potential workaround

Post by nsr165 » Sun Nov 06, 2022 11:01 pm

mm99 wrote:
Sat Nov 05, 2022 7:33 pm
Hi, just double checking, you mentioned that your wife has applied for extension in PBS dependant visa. Did you apply for the extension under the skilled worker dependent category please ?
Thanks in advance.
Yep - the 'extend as a partner of a skilled worker' option.

mm99
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Posts: 13
Joined: Wed Sep 14, 2022 5:44 pm
Pakistan

Re: PBS dependent visa incessant delays - potential workaround

Post by mm99 » Sun Nov 13, 2022 9:00 pm

Okay thanks for confirming. I have applied the same for my wife on 06/11/2022. Lets see how it goes.

wanderer05
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Mood:
India

Re: PBS dependent visa incessant delays - potential workaround

Post by wanderer05 » Mon Nov 14, 2022 1:48 pm

mm99 wrote:
Sun Nov 13, 2022 9:00 pm
Okay thanks for confirming. I have applied the same for my wife on 06/11/2022. Lets see how it goes.
UKVI have updated guidance for extending visa in country and takes on an average 16 weeks to make a decision 🤣🤣 such a joke they are.

If Ukraine war is humanitarian crisis, such a delay is too sort of crisis as people's jobs, life are at stake without having any decisions.

mm99
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Posts: 13
Joined: Wed Sep 14, 2022 5:44 pm
Pakistan

Re: PBS dependent visa incessant delays - potential workaround

Post by mm99 » Tue Nov 22, 2022 12:33 pm

Outrageous!

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