PBS dependent to ILR

[tier21419]

Hello,
My wife tier 2 dependent visa was issued on (valid from) 03/06/2014 but she came to the UK on 08/11/2014 i.e. after more than 5 months.

1) I was wondering when she will be eligible to apply for ILR based on PBS dependent? My understanding is that she is already eligible to apply for ILR even though she has not completed 5 years from the date of entry to the UK. is this correct? Please note, I have received my ILR in April, 2019.

2) Also, during this time she went back home for following days, will this be an issue when calculating her eligibility?

First visit: 5/12/2015 until 16/01/2016 41 days
Second visit: 24/12/2016 until 28/01/2017 34 days
Third visit: 15/02/2018 until 17/03/2018 29 days

3) She has passed LIUK, for english test is this the right test and website to book test (https://www.trinitycollege.com/site/?id=3220)

Thanks

[zimba]

1) Yes correct
2) No
3) Yes

[tier21419]

1) Yes correct
2) No
3) Yes

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

[CR001]

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

There are links to sticky topics (top of the sub forum pages) in all PBS and ILR sub forums of the rule changes that came into effect last year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[tier21419]

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

There are links to sticky topics (top of the sub forum pages) in all PBS and ILR sub forums of the rule changes that came into effect last year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Many thanks. and there is no absence limit for PBS dependent, right? So anyone with PBS dependent visa issued before January 2019/2018 (cant remember) can have unlimited number of absentees?

[tier21419]

Also, according to this

319E wrote:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):....

Do we come under rule in place before 9 July 2012 or after? i.e. we should have been living together for 2 year or 5 years?

[CR001]

Many thanks. and there is no absence limit for PBS dependent, right? So anyone with PBS dependent visa issued before January 2019/2018 (cant remember) can have unlimited number of absentees?

No absence limit for visas ISSUED before 11th January 2018.

Also, according to this

319E wrote:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):....

Do we come under rule in place before 9 July 2012 or after? i.e. we should have been living together for 2 year or 5 years?

ANY dependent visa issued ON or AFTER 9th July 2012 comes under the 5 year route.

[tier21419]

Many thanks. and there is no absence limit for PBS dependent, right? So anyone with PBS dependent visa issued before January 2019/2018 (cant remember) can have unlimited number of absentees?

No absence limit for visas ISSUED before 11th January 2018.

Also, according to this

319E wrote:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):....

Do we come under rule in place before 9 July 2012 or after? i.e. we should have been living together for 2 year or 5 years?

ANY dependent visa issued ON or AFTER 9th July 2012 comes under the 5 year route.

Sorry, CR001. I think I did not ask my question properly. According to 319(E) d, the dependant should have spent 5 years together, right? If this is correct, then how we can show this as she has not completed 5 years (calculating from her data of entry from the UK)?

[CR001]

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

There are links to sticky topics (top of the sub forum pages) in all PBS and ILR sub forums of the rule changes that came into effect last year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Read the post I posted yesterday with the rules again!!! I highlighted it for you too!!

[tier21419]

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

There are links to sticky topics (top of the sub forum pages) in all PBS and ILR sub forums of the rule changes that came into effect last year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

This means that PBS dependants may now also take advantage of the following:

Period between the issue of entry clearance and entering the UK

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Read the post I posted yesterday with the rules again!!! I highlighted it for you too!!

Many thanks, This means we are good to apply now.

[tier21419]

Many thanks, Zimba. Any reference for 1)? Is there something written in the guidance notes. I could not find it and would appreciate if you could please direct me to something.

There are links to sticky topics (top of the sub forum pages) in all PBS and ILR sub forums of the rule changes that came into effect last year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

This means that PBS dependants may now also take advantage of the following:

Read the post I posted yesterday with the rules again!!! I highlighted it for you too!!

Many thanks, This means we are good to apply now.

Hello CR001,
As we come under 5 year rule, do we have to provide Cohabitation Documents for 2 years or 5years? From reading different posts, I think it is 2 years but any reference for that? Many thanks!

[tier21419]

Hello,
I am in the process to fill out my wife's ILR application. I recently got my ILR based on 5 years on tier 2. I have a few questions related to this;
1) Her first PBS dependent visa was issued on 06/14 and we extended it on 04/2017. She entered UK on 11/14.
There is a question in the form "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started."
This is date she entered the UK, right? Even though that would mean that she has been in the UK for less than 5 years?

2) In the form, there is no mention of main applicant i.e. myself, the form does not ask to enter any of my details like Name, when I got settled, or any documents related to me etc. I hope I am filling in the correct form or I have select the correct options?

3) The form does not ask for any information related to her absences from the UK? I needed to enter my absences when I filled out my form. Maybe this is because there is another question "Does the period of stay on which this application was based include any leave granted since 11 January 2018?" For which I have answered "No".

4) There are 3 parts of consent forms. I think part 1 needs to be signed by my wife (the main applicant).
What about part 2 and part 3? Will I be signing these?
part 2: is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

We will be supplying some joint account bank statements so I think I will need to sign this.

part 3: Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

I am not sure about this part.

Thanks

[CR001]

Topics merged!!!

[tier21419]

Hello,
I am in the process to fill out my wife's ILR application. I recently got my ILR based on 5 years on tier 2. I have a few questions related to this;
1) Her first PBS dependent visa was issued on 06/14 and we extended it on 04/2017. She entered UK on 11/14.
There is a question in the form "When did you first enter the UK? This is the date you entered the UK when the period of stay you are basing this application on started."
This is date she entered the UK, right? Even though that would mean that she has been in the UK for less than 5 years?

2) In the form, there is no mention of main applicant i.e. myself, the form does not ask to enter any of my details like Name, when I got settled, or any documents related to me etc. I hope I am filling in the correct form or I have select the correct options?

3) The form does not ask for any information related to her absences from the UK? I needed to enter my absences when I filled out my form. Maybe this is because there is another question "Does the period of stay on which this application was based include any leave granted since 11 January 2018?" For which I have answered "No".

4) There are 3 parts of consent forms. I think part 1 needs to be signed by my wife (the main applicant).
What about part 2 and part 3? Will I be signing these?
part 2: is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

We will be supplying some joint account bank statements so I think I will need to sign this.

part 3: Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

I am not sure about this part.

Thanks

CR001, Zimba, Anyone, please help with these queries..

[tier21419]

Hello All,
I am planning to apply for my wife in November and wanted to make sure that the documents are organised/scanned beforehand. Could you please check and confirm if the following documents are OK?

For Cohabitation:

Year 2017:
Tenancy agreement April 2017 (Is this OK as it is before Nov 2017)?
Joint Electricity Bill: Oct-Nov 2017
PBS Dependent Lloyds Statement: Nov 2017
Mine Bank Statement: May-June 2017
Year 2018:
Tenancy agreement August 2018
Joint Council Tax: Mar 2018, Sep 2018
Joint Electricity Bill: Aug 2018, May-June 2018, Nov-Dec 2018
PBS dependent Register to Vote: Oct 2018
PBS Dependent Lloyds Statement: Mar 2018, Aug 2018, Dec 2018
Mine Bank Statement: Apr-May 2018, Nov-Dec 2018


Year 2019:
Joint Council Tax: Mar 2019
Joint Bank Account: May 2019
Joint Electricity Bill: May-June 2019
PBS Dependent Lloyds Statement: May 2019
Mine Bank Statement: May-June 2019

We are also planning to submit birth certificates of two children and our marriage certificate along with its translation.

Other documents will include, wife passport, her BRP, LIUK and B1 certificate, consent forms.

Did I miss anything or shall I remove any of the documents?
Thanks

[tier21419]

Dear Zimba, CR001, moderators and other champions!
Could you please have a look at the documents above to suggest if I am missing anything?

thanks

[zimba]

Your docs are more than enough

[tier21419]

Thanks, Zimba!

[tier21419]

Hello All,
My wife has a biometric appointment on this coming Monday so just wanted to double check if everything is OK in case I am missing something;

She came to the UK on 08/11/2014 but the visa was issued on 07/2019. I submitted her super-priority applications on 6/10/2019.
1) I think I have not applied before her eligible date, right?

2) I am uploading the following documents, please let me know if I am missing something?

Wife passport, her BRP, LIUK and B1 certificate, consent forms, marriage certificate with translation, children birth certificate,
my passport and my ILR BRP.


For Cohabitation, I am submitting the following:

Year 2017:
Tenancy agreement April 2017 (Is this OK as it is before Nov 2017)?
Joint Electricity Bill: Oct-Nov 2017
PBS Dependent bank Statement: Nov 2017
Mine Bank Statement: May-June 2017

Year 2018:
Tenancy agreement August 2018
Joint Council Tax: Mar 2018, Sep 2018
Joint Electricity Bill: Aug 2018, May-June 2018, Nov-Dec 2018
PBS dependent Register to Vote: Oct 2018
PBS Dependent Lloyds Statement: Mar 2018, Aug 2018, Dec 2018
Mine Bank Statement: Apr-May 2018, Nov-Dec 2018


Year 2019:
Joint Council Tax: Mar 2019
Joint Bank Account: May 2019
Joint Electricity Bill: May-June 2019
PBS Dependent Bank Statement: May 2019
Mine Bank Statement: May-June 2019
Changed Address in Sep 2019
Combined bank statment Oct 2019
Joint Council Sep 2019
PBS Dependent Bank statement Sep 2019
Combined water bill Sep 2019


3) Do you think these cohabitation documents are too many and I should remove some of them or they are OK, please suggest?

4) Shall I upload children's British registration certificates as well?
5) She has signed part 1 of the consent forms and I have signed the part 2 and 3. Is this OK, right?
6) Is there any other requirement that I might have missed? any financial requirement, any missing document, or anything else? Her extension was before Jan 2018 so she is OK with absence from the UK.

[tier21419]

Hello All,
Any ideas about the above questions, we have an appointment on Monday

[tier21419]

Dear All,
A few quick questions;

1) I have uploaded around 30 documents for cohabitation proof (including bank statement, council tax, tenancy agreements, children birth certificates, marriage certificate, etc). Do you think this is too many documents or should not be a problem?

2) Are there any other requirements that I should have taken into account wrt my wife SET(O) application? Just thinking in case if I have missed something.

Many thanks

[tier21419]

Dear Zimba, CR001, all. Any idea about the above questions please? We have an appointment on Monday.
Many thanks.

[zimba]

You need documents from 3 sources covering the last two years. That is it