PBS dependent short of 3months to ILR

[s0787671]

Hi,

My partners pbs dependent extension visa expires in sep 2016 and she needs 3 months more to complete 5 year term in UK, for ILR. I am a british citizen thru tier 2 visa 5y route. So could some one inform what application should be used or is there any transitional visa which is a short visa to cover this time.

As now a days there are visa fees + NHS fees to pay, which is just too much for just 3 months visa.


Thank you

[Tripletrouble]

https://www.gov.uk/remain-in-uk-family/eligibility

https://www.gov.uk/government/publicati ... -form-flrm

[CR001]

https://www.gov.uk/remain-in-uk-family/eligibility

https://www.gov.uk/government/publicati ... -form-flrm

The spouse is NOT on a spouse settlement visa. Why have you posted FLR(M) details? It is not relevant to the OP's question.

[CR001]

Hi,

My partners pbs dependent extension visa expires in sep 2016 and she needs 3 months more to complete 5 year term in UK, for ILR. I am a british citizen thru tier 2 visa 5y route. So could some one inform what application should be used or is there any transitional visa which is a short visa to cover this time.

As now a days there are visa fees + NHS fees to pay, which is just too much for just 3 months visa.


Thank you

When did your wife arrive in the UK as your PBS Dependent or what is her full immigration history?

[geriatrix]

CR001, January 2013.

OP,
Apply for leave to remain as PBS dependant by post, before her current leave expires.
If the application remains undecided on the day she becomes eligible for settlement then vary the LTR application to settlement application.

[CR001]

CR001, January 2013.

OP,
Apply for leave to remain as PBS dependant by post, before her current leave expires.
If the application remains undecided on the day she becomes eligible for settlement then vary the LTR application to settlement application.

Ahh thanks, but she would then require 5 years residence as PBS Dependent if she was previously in the UK on her own Student and PSW visas per the OPs previous post in the link.

http://www.immigrationboards.com/indefi ... ml#p837568

[geriatrix]

Yes.

My response (to OP) was more directed towards "3 months more to complete 5 year term" than "expiring in sep 2016". I assumed that the OP had the date wrong.

[s0787671]

Sorry let me clarify things

my partner was a student here before we got married. She arrived in 2009 as a student and then did 2 years on PSW.
She shifted to tier 2 dependent in Jan 2013. And then as I was applying for ILR, she extended her pbs dependent visa in 2014.

Now her current PBS visa expires in September 2017( I made a mistake earlier). So she can apply for ILR from Dec 2017 onwards.

But I am trying to find a application for this extension till she is eligible for ILR. As I am a UK citizen now and not on any point based system visa. This becomes so confusing on which application to take and how to avoid paying for another 2 year extension.

Please advise on this scenario.

[CR001]

The only application she can make to keep her '5 years qualifying period' intact is PBS dependent.

Any other visa (FLR(M) spouse visa) will reset her ILR clock to zero and she starts again from scratch.

[s0787671]

Could you give me the link to the correct application. And finally do we have to pay for Nhs as well with this extension application.

[geriatrix]

Could you give me the link to the correct application. And finally do we have to pay for Nhs as well with this extension application.

Dependants applying in the UK on their own
Yes.

[s0787671]

Hi All,

I am looking to avoid paying ridiculous amounts of fees to UKBA, as they dont have certain flexibility in their system.

My wife is on PBS tier 2 dependent extended visa, but due to short pitfall, she will be 3 months short to complete her 5y in UK before ILR in Dec 2017. As per the rules she has to go thru another PBS dependent application and pay for 2y application and also pay NHS fees and then after 3 months pay again for ILR.

But is there any route thru which she can directy apply for ILR or citizenship as she has been on PBS dependent visa since jan 2013.


Thanks

[vinny]

M.

[vinny]

Option 1 seems safest.

[s0787671]

HI Vinay,

When you say 1 and it can be varied, I am a bit confused there. Is it that if the decision hasnt come in by that time, I can contact UKBA and ask them to chnage the application to ILR?

[vinny]

This means a valid variation will look like a new application.

I think that you make a SET(O) application, but should explicitly tell them that you are varying an existing undecided application.

[s0787671]

I have a query, do they charge NHS Fees for whole 2y extension, but my wife only will have 3 months before ILR.

Secondly my wife would complete 10y by 2019 sep, as she arrived in UK as a student in 2009, so

strangely, if we do a tier 2 extension next year for the sake of 3 months which makes her eligible for ILR, and 3 months apply for ILR, and a year later apply for citizenship, it concides with her completing 3 years anyways, so I just complete the tier 2 extension and then use the 10 years route for her citizenship.

Does the above make sense.

Thank you

[CR001]

I have a query, do they charge NHS Fees for whole 2y extension, but my wife only will have 3 months before ILR. You have to pay for the duration or whole of the extension period.

Secondly my wife would complete 10y by 2019 sep, as she arrived in UK as a student in 2009, so But won't she qualify for ILR as PBS Dep based on 5 years residence earlier?

strangely, if we do a tier 2 extension next year for the sake of 3 months which makes her eligible for ILR, and 3 months apply for ILR, and a year later apply for citizenship, it concides with her completing 3 years anyways, so I just complete the tier 2 extension and then use the 10 years route for her citizenship. What do you mean '10 year route for citizenship'?? She still needs ILR. If you are BC already, she can apply for BC the day after she gets ILR, she DOES NOT have to wait 12 months on ILR.

Does the above make sense.

Thank you

[s0787671]

Thanks.

I am not sure how the NHS fees workout, if we have 3 months for ILR and to cover that period we get the tier 2 extension, wont the NHS fees system see that she has 3 months to complete her and term and not charge for the whole term, which ever they give her. Its kind of a lot of meny spent on it, and then within 3 months reapply for ILR and the day that goes thru again apply for BC the day after, I have BC.

I am finding a way to close this gap and reduce the cost.

So please do suggest if there is any such router. Both me and my daughter have BC and my wife is on Tier 2 extension at the moment.

[CR001]

Thanks.

I am not sure how the NHS fees workout, if we have 3 months for ILR and to cover that period we get the tier 2 extension, wont the NHS fees system see that she has 3 months to complete her and term and not charge for the whole term, which ever they give her. No, it won't. It is a computer processes IHS. You have to pay the full fee otherwise she cannot apply. Dependent visa applications have nothing to do with ILR in this sense. Its kind of a lot of meny spent on it, and then within 3 months reapply for ILR and the day that goes thru again apply for BC the day after, I have BC.

I am finding a way to close this gap and reduce the cost.

So please do suggest if there is any such router. Both me and my daughter have BC and my wife is on Tier 2 extension at the moment.

[s0787671]

Could some one please confirm what link is the one to use for pbs dependent extension.
I saw a link for pbs dependent application, which can be done online. But the proofs asked online were 1) passport 2) two photos 3) bank statements for maintenance.

Main applicant has BC currently.



Also could some one let me know what is the number of days that a dependent can stay out of country in a year.

My wife needs to extend her pbs dependent visa for two months before she is eligible for ILR. I was told that I can claim back NHS fees if we re apply for ILR within 6 months of getting the extension.

Thanks in advance

[CR001]

Tier 2 General Dependent is an online application only. There is no paper form for this category anymore.

PBS dependents cannot be absent for more than 180 days per year. If they are, it breaks their continuity of residence.

Yes, you can request an IHS refund, but you might not get one, but then again you might. Members have experienced problems with this.

[s0787671]

Thanks for the reply.

Could you please provide teh link to PBS application and IHS refund request procedure?

[CR001]

Tier 2 General Dependent is an online application only. There is no paper form for this category anymore.

Click on the link in my text 'dependents'.

https://www.gov.uk/healthcare-immigrati ... on/refunds

[s0787671]

Also if completes those 5y as a PBS dependent. And I have a BC already, I thought Dependents of BC could skip ILR and apply for BC directly. Is that true or they get an opportunity to ILR and apply for BC immediately as a dependent of BC?