PBS Dependent visa for spouse of a British passport holder

[stonehouse01]

Hi

I am a British passport holder (got in Dec 2017 through after completing PBS Tier 1 General visa for 5 year -2011 to 2016 and ILR in 2016).

My wife is with me on Tier 1 PBS dependent visa since 2016 here in UK. Her visa first expired in 2018 and applied for extension and got till Oct 2020 and then applied for another extension and valid till Oct 2023. I am now planning to apply for her extension but not sure which form to fill. Due to English language issues, she didn't cleared LIFE in the UK test so unable to apply for ILR, even though she is staying in UK for the last 7 years.

Can anyone please advise which form we should be using to apply for her extension?

Sorry, if I am posting in the wrong section of the board. I was not sure which section of the board does my query fall into.

Thanks
RG

[manci]

I am now planning to apply for her extension but not sure which form to fill.

read this, the link to the application is in it
https://www.gov.uk/skilled-worker-visa/ ... d-children
the link to the application:
https://apply-to-visit-or-stay-in-the-u ... anner=true

Her extebsion will be for another 3 years

[stonehouse01]

Thanks for your reply.

I started completing the form and half way through, it asks for Standard Occupational Classification (SOC) code for myself.It says you can find this on their Certificate of Sponsorship (CoS) under 'job type'

I came to UK on Tier 1 General visa back in 2011 and CoS doesn't apply for me. Not sure how to answer this question. Any help please?

Thanks
RG

[manci]

sorry, the link to the T1 dependant application is here:
https://www.gov.uk/tier-1-entrepreneur/ ... ey%20apply.

[stonehouse01]

Thanks.

Sorry to ask but did this form replaced the Tier 1 General dependent form as that route (Tier 1 General) is closed?

I was on Tier 1 General visa until I got my ILR in 2016.

Thanks
RG

[manci]

T1 is indeed closed, as stated in the Overview of the linked document, but the linked document itself and the link in it to the dependant visa application are current

[stonehouse01]

Hi Manci

Even the form you advised is asking questions about job code from CoS and shortage list etc. I called Home Office to see if they can advise which form should I used now as the Tier 1 General route is now closed but all they advised me they are not trained to advise on what forms to use and asked me to speak with an Immigration adviser

I am really confused mate. If Tier 1 general route is closed means who ever are on the PBS Dependent Leave to remain visa need to now switch to a Spouse visa?

Does that reset the time that my wife lived in UK till date if she had to apply for ILR id she ever clears Life in the UK test?

Do you know if I need to apply to switch my wife to Family Visa as a Partner or Spouse? If yes, does she neat to take Level A1 English language test although she is living in UK for 7 years.

Any help / advise is appreciated

Thanks
RG

[manci]

am really confused mate. If Tier 1 general route is closed means who ever are on the PBS Dependent Leave to remain visa need to now switch to a Spouse visa?

Do you know if I need to apply to switch my wife to Family Visa as a Partner or Spouse?

I don't think so but wait for the input of other forum members.

IMO If she switched to a family visa her UK residence period for ILR would be reset to zero.

At the beginning of the form is there a question about the immigration category of the main applicant (you) pre ILR or British citizenship?

Does the online application allow you to proceed if you leave the questions about CoS, SOC code etc
blank or enter Tier 1 (General)?

[stonehouse01]

At the beginning of the form is there a question about the immigration category of the main applicant (you) pre ILR or British citizenship?

Yes - but it is a list from which we have to chose. There is no 'Tier 1 General' in the list and there is no option to chose 'Other' and explain.

Does the online application allow you to proceed if you leave the questions about CoS, SOC code etc
blank or enter Tier 1 (General)?

blanks are not allowed. and it is asking code. I didn't tried entering Tier 1(general).

I spoke to an immigration adviser today and adviser suggesting that I need to apply for Souse Visa and asked me to use this form https://www.gov.uk/uk-family-visa/partner-spouse. Which means this will reset the ILR period and other issue I have is my wife need to clear Level A1 english exam. Her visa is expiring on 13th Oct.

[vinny]

There were some changes to the rules that complicated your wife’s circumstances.

[manci]

There were some changes to the rules that complicated your wife’s circumstances.

Under the circumstances should the OP's wife perhaps try to apply on form FLR(IR) or FLR(HRO)?

[manci]

stonehouse01 wrote: ↑Wed Oct 04, 2023 1:48 pm
Does the online application allow you to proceed if you leave the questions about CoS, SOC code etc
blank or enter Tier 1 (General)?

blanks are not allowed. and it is asking code.

It seems that applying to extend a T1 (General) dependant's leave is not covered by the current rules. Suggest trying to apply for leave outside the rules (LOTR) by completing the FLR(HRO) form:
https://visas-immigration.service.gov.u ... 1696177447