Timing for PBS Dependant applying for ILR

[flourish27]

Dear kindly friends,

I have a timing issue about my dependents' ILR applications. My wife, daughter (born outside of UK), and I came into the UK as a post-study-worker and dependents in July 10 2011. My PBS starts from 3 May 2012 but my dependents' PBS Dependant visa start from 14 August 2012 due to some delay issues. All of our current visa expires on 17 May 2017. My dependents have never left the UK and always live with me since they entered the UK in July 10 2011. (I only have two weeks business trip outside of the UK.)

Question 1: I think I can apply for ILR on 5 April 2017, but my question is that can my dependents apply for ILR with me on the same single form on 5 April 2017.

The official website states that "they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012". Does the "applied before 9 July 2012" means apply for ILR before 9 July 2012 or applied for other visas (and enter the UK) before 9 July 2012. Is the 'living' can be living with any visa (PSW Dependent plus PBS Dependant), or does the 'living' must be on PBS depenant. In the SET(O) form, section 6.1, only asks the main applicant's starting date and the form has no questions about dependent's immigration history.

Question 2: If my wife applies separately then she turns to 'main applicant' in her own form. Can she apply in April or does she have to wait until July for applying separately? Since her visa expires in May, how can she wait until July?

Question 3: If I want to make a premium service in 10 April and I book the appointment in March before new fee and new form released on, say 6 April. So I pay the (old) fee in March. Should I use the "current (old)" form in March or should I use the "current (new)" form released on 6 April. I think I cannot use the new form released on 6 April sine it will show the new fee but I only pay the old fee.

I really appreciate any help and advice? Thank you very much in advance.

[CR001]

1. If she has held a PBS dependent visa since 2011, she can apply with you and only requires 2 years (most recent) residence for ILR.

2. She can apply with you on one form but if she applies on her own, she is main applicant in Set(O)

3. Yes, although there has been no announcement of a fee increase. Old form should be ok (assuming there will be a new form in April)

[flourish27]

Dear CR001,

I appreciate your prompt reply. You are so kind but my question 1 and 2 are not clearified fully. My wife held a PBS dependant since 2012 August 14 (and she held a post-study-work dependent since 2011 and lived with me in the UK since 2011). Can she apply for ILR with me on the same single form on 5 April 2017? By that time she has lived with me in the UK for more than 5 years but as a PBS dependent less than 5 years.

Question 2: If my wife applies separately, can she apply in April or does she have to wait until July for applying separately? Since her visa expires in May, how can she wait until July?

[CR001]

Dear CR001,

I appreciate your prompt reply. You are so kind but my question 1 and 2 are not clearified fully. My wife held a PBS dependant since 2012 August 14 (and she held a post-study-work dependent since 2011 and lived with me in the UK since 2011). Can she apply for ILR with me on the same single form on 5 April 2017? By that time she has lived with me in the UK for more than 5 years but as a PBS dependent less than 5 years. PSW Dependent is also a PBS Dependent visa. Yes she can apply with you on a single form.

Question 2: If my wife applies separately, can she apply in April or does she have to wait until July for applying separately? Since her visa expires in May, how can she wait until July?

[flourish27]

Yes! You remind me PSW dependent is also a PBS dependant. Thank you so much. Could you please double check with me the date that we can apply. My Tier 2 was issued on 3 May 2012. I use the calculator website and get that:
From Wednesday, 3 May 2017
Subtracted 28 days
Result: Wednesday, 5 April 2017
So, I can book an application for 5 April 2017. I am so nervous about this. Thank you again.

[CR001]

Why not book for 7th or 8th just to be on the safe side.

[flourish27]

Thank you CR001. I will listen to you advice. Also for the safe side, I have a further question on my Question 1. The rules state that "the Partner of that Relevant Points Based System Migrant". I apply for ILR based on my Teir 2 not my PSW. My wife as a PSW dependant in 2011. Does the PSW dependant count or 'Relevant'? (It looks a little wired as for the main appliant, PSW doen't count but for the dependant, PSW dependant count.) Thank you in advance again. Hope I am not too annoying with repeating one question

[Sheffield_Marketeer]

CR001 is a senior member so he can advise further on this.

However, as far as I know PSW or PSW dependant visas do not count towards the ILR.
I have a feeling your wife will need to show a complete 5 years stay within the UK since the time she was granted the Tier 2 visa for the first time, which in this case is 14 Aug 2012.

[Casa]

CR001 is a senior member so he can advise further on this.

However, as far as I know PSW or PSW dependant visas do not count towards the ILR.
I have a feeling your wife will need to show a complete 5 years stay within the UK since the time she was granted the Tier 2 visa for the first time, which in this case is 14 Aug 2012.

Never assume...CR001 is a 'she'.

[vinny]

The spouse's specified period for ILR is 2 years under 319E(d)(i)(b ).

[flourish27]

I really appreciate CR001, vinny, Casa, and Sheffield_Marketeer. I am more nervous now. Does the PSW dependent in 2011 counts as the 2 years period for ILR? Thank you in advance for clarifying this issue.

[CR001]

The spouse's specified period for ILR is 2 years under 319E(d)(i)(b ).

Please do click on vinny's links. The rules do NOT exclude PSW (PBS) dependents.

[vinny]

Yes! Did you read the given rule 319E(d)(i)(b )? It's quite clear. The PSW doesn't even need to be PBS.

[flourish27]

Thank you so much, CR001 and vinny. Yes I read 319E many times, but I was not quite sure before as the rules don't mention any PSW exactly. Now it is clear. Thank you again