PBS dependant leave

[naveediiqbal]

Hi Vinny,

I have a similar situation. I got my wife dependent visa issues for three years expiring on 24 Nov 2018. But as she arrived on 22 Dec 2013. She must be given visa up to 22 Dec 2018 to complete 5 years for ILR. Can you please advise what shall I do? Thanks for your help

[vinny]

The restriction shouldn't affect dependants.

[naveediiqbal]

The restriction shouldn't affect dependants.

Hi Vinny,

I do agree restriction should not restrict dependents but if applicant was allowed period to cover 5 years period then shouldn't they be given so. Due to this I need to apply unnecessarily and incurred application fee and process.

Please advise if indeed be given period to cover 5 years which in this case is 3 years 1month rather then only 3 years. What shall I do. Shall I contact bro team or case worker to ratify this error

[vinny]

The period of leave they grant to a PBS partner is subject to 319D(a).

[naveediiqbal]

The period of leave they grant to a PBS partner is subject to 319D(a).

Vinny Thank again.

It seem you are pointing a relevant point,

I am wondering, why such a contradiction in guidance and immigration rules which is not specifically mentioning main applicant only.

I assume we use the same guidance for dependents as well and this mentioned that the period could be a higher of 3 years or period to complete 5 years.

But again I appreciate your help and guidance from core of my heart.

Regards,

[vinny]

Be aware that the Rules trumps the Guidance.

[naveediiqbal]

Be aware that the Rules trumps the Guidance.

Hi,

Yes that is the fact and I agree to your point of view.

They should also remove confusion arising from guidance.

Thanks again for your time.

Regards

[confused456]

just follow the guidance and rules, i think you have to wait otherwise your application can be rejected and u can lose application money

[naveediiqbal]

just follow the guidance and rules, i think you have to wait otherwise your application can be rejected and u can lose application money

Thanks for your reply. Sorry i dont understand What application we are talking about. Is it tier 1 extension which we did now. Or extension/ ILR to be due in Nov 2018.