Spouse ILR shortfall of 3 weeks

[jamal80]

Hi,

My wife's PBS dependent visa is expiring end of this month and she will have spent 2 years 3rd week June when she will be eligible for ILR application.

Based on she can apply max 28 days before the 2 year anniversary, she will be short of around 3 weeks for ILR application.

What do you think we should do? Apply for ILR and hope for the best or apply for PBS extension just for 3 weeks? However the extension takes around 2-4 months anyway?

Is anyone here in the same boat or already done a similar application?

[SSWSZ]

you can apply ilr 28 days before completion of 2 years

[jamal80]

Hi

Many thanks for your reply.

If i apply 28 days before the anniversary her visa will have expired by 3 weeks.

Therefore what should i do for that 3 weeks shortfall?

That is my question. Thanks

[Amber]

apply for an extension and then vary to SET(O), I assume you qualified for ILR as a PBS applicant?

B1 English and LIUK required for settlement.

[jamal80]

Hi Amber,

Many thanks for your help. Yes I am a PBS migrant who are now settled in the UK

However how do I do this? Any documents or procedures I can look at?

Should not I apply for FLR(m) 1st than vary if possible using Set(m)? Paying the difference in Fee?

[Amber]

See Varying an application at page 36 (click).

No you should not vary to FLR(M) if you applied for ILR as a PBS applicant and you spouse is a PBS dep since before July 2012. Instead, one should apply to extend as a PBS dep (click) and then vary to SET(O).

[jamal80]

Hi Amber
Many thanks for your helps

I am now looking at the PBS Tier 1 (g) extension form but wondering if my wife applies with this form would not Home Office reject this application on the spot as i am no longer a PBS main applicant?

[jamal80]

Hi Amber
Many thanks for your helps

I am now looking at the PBS Tier 1 (g) extension form but wondering if my wife applies with this form would not Home Office reject this application on the spot as i am no longer a PBS main applicant?

Hi

Looking at the policy guidance of Tier1 extension where on page 9 clause 30 it says if the pbs main applicant has ilr, then we will give 3 years extension.

That means i can apply for the extension with no problems then vary the application

Is there any change for above as there are immigration rule changes from tomorrow?