Set (O) or PBS Dependant
Posted: Tue Sep 22, 2015 10:01 am
Hi,
I need your suggestions CR001, Vinny, Amber, Sushdmehta and other experts..
Apologies if am duplicating the same question which has been answered by experts before.
My wife came to UK in April 2011 as a PSW dependant and later switched to Tier 1 PBS dependant in August 2011 with visa validity until 25th May 2013. In June 2012 we went to holiday for a break which ended up for a 13 months maternity break. Her visa got expired whilst she is at home, but applied it with in a week’s time and got her visa renewed with new born from June 11 2013 & returned UK in July 2013. That means she is away from UK in between 2012 June - 2013 July. Right from the day she is with me and she will be staying for a good 46 months by the time I apply for ILR in May 2016.
Now my question is whether she can apply for ILR with me in 2016 or she needs to renew as a PBS dependant. She has got a genuine health reason for not able to return to UK and for the 13 months gap she had, do you think it helps our case to explain it to case worker. I know there are few cases where they have got a little success with these kinds of issues when they have applied for PEO appointments but my worry is do we have an option to explain our case to the case workers? Does the case worker listen? If the case worker atleast says that it is not possible to apply for ILR and she needs to extend it as PBS dependant then I can save the money for my wife’s application. Also we are expecting our second child in February 2016 and not repeating the same mistake which we have done for our first child, as we are planning to have our second child in UK. Do you think because of this our case becomes bit stronger?
Your suggestions are really appreciated guys, please share some thoughts.
I need your suggestions CR001, Vinny, Amber, Sushdmehta and other experts..
Apologies if am duplicating the same question which has been answered by experts before.
My wife came to UK in April 2011 as a PSW dependant and later switched to Tier 1 PBS dependant in August 2011 with visa validity until 25th May 2013. In June 2012 we went to holiday for a break which ended up for a 13 months maternity break. Her visa got expired whilst she is at home, but applied it with in a week’s time and got her visa renewed with new born from June 11 2013 & returned UK in July 2013. That means she is away from UK in between 2012 June - 2013 July. Right from the day she is with me and she will be staying for a good 46 months by the time I apply for ILR in May 2016.
Now my question is whether she can apply for ILR with me in 2016 or she needs to renew as a PBS dependant. She has got a genuine health reason for not able to return to UK and for the 13 months gap she had, do you think it helps our case to explain it to case worker. I know there are few cases where they have got a little success with these kinds of issues when they have applied for PEO appointments but my worry is do we have an option to explain our case to the case workers? Does the case worker listen? If the case worker atleast says that it is not possible to apply for ILR and she needs to extend it as PBS dependant then I can save the money for my wife’s application. Also we are expecting our second child in February 2016 and not repeating the same mistake which we have done for our first child, as we are planning to have our second child in UK. Do you think because of this our case becomes bit stronger?
Your suggestions are really appreciated guys, please share some thoughts.