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PBS dependent short of 3months to ILR

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s0787671
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PBS dependent short of 3months to ILR

Post by s0787671 » Tue Apr 26, 2016 11:21 am

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
Bharat

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Re: PBS dependent short of 3months to ILR

Post by Tripletrouble » Tue Apr 26, 2016 12:27 pm


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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Apr 26, 2016 12:35 pm

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.
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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Apr 26, 2016 12:35 pm

s0787671 wrote: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?
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Re: PBS dependent short of 3months to ILR

Post by geriatrix » Tue Apr 26, 2016 12:37 pm

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.
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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Apr 26, 2016 12:53 pm

geriatrix wrote: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
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Re: PBS dependent short of 3months to ILR

Post by geriatrix » Tue Apr 26, 2016 12:59 pm

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.
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s0787671
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Tue Apr 26, 2016 5:54 pm

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.
Bharat

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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Apr 26, 2016 6:45 pm

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.
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Tue Apr 26, 2016 7:30 pm

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.
Bharat

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Re: PBS dependent short of 3months to ILR

Post by geriatrix » Tue Apr 26, 2016 8:34 pm

s0787671 wrote: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.
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Partner Route to settlement

Post by s0787671 » Mon Jul 25, 2016 12:30 pm

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
Bharat

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Re: PBS dependent short of 3months to ILR

Post by vinny » Mon Jul 25, 2016 12:47 pm

M.
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Re: PBS dependent short of 3months to ILR

Post by vinny » Mon Jul 25, 2016 12:55 pm

Option 1 seems safest.
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Mon Jul 25, 2016 1:08 pm

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?
Bharat

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Re: PBS dependent short of 3months to ILR

Post by vinny » Mon Jul 25, 2016 1:23 pm

vinny wrote:
Applications wrote: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.
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Tue Sep 20, 2016 9:19 am

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
Bharat

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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Sep 20, 2016 12:53 pm

s0787671 wrote: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
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Tue Sep 20, 2016 1:02 pm

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.
Bharat

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Re: PBS dependent short of 3months to ILR

Post by CR001 » Tue Sep 20, 2016 2:06 pm

s0787671 wrote: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.
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Thu Feb 09, 2017 10:02 pm

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
Bharat

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Re: PBS dependent short of 3months to ILR

Post by CR001 » Thu Feb 09, 2017 10:05 pm

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.
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Fri Feb 10, 2017 8:39 am

Thanks for the reply.

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

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Re: PBS dependent short of 3months to ILR

Post by CR001 » Fri Feb 10, 2017 8:41 am

CR001 wrote: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
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Re: PBS dependent short of 3months to ILR

Post by s0787671 » Fri Feb 10, 2017 8:52 am

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?
Bharat

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