PBS Dependent ILR Application Queries

[kumar30s]

Hello,

I have few queries about my wife's ILR eligibility. Kindly share your expertise and advise.

Currently I am on ILR (granted in April 2018). I got my ILR via Tier 2 General 5 years route (2013-2018).
My wife came to UK as Tier 2 dependent (PBS dependent leave to remain) in July 2016. see below issued valid visa dates to my wife:

17/06/2016 - 04/03/2019
09/08/2017 - 05/03/2019 (I switched companies, so has to redo my Tier 2 visa & my wife's dependent visa)
22/02/2019 - 22/02/2022 (current visa valid dates)

** All visas have been issued under "PBS dependent leave to remain". Never been outside UK more than 180 days in 12 months (calculating every 12 months from 01/07/2016)

Now we are expecting our second baby and my wife planning to have baby in India. Which means staying in India for about 11 months. Currently, travel plan is in late Jan 2021(not yet finalised). My queries are:

1. As per my wife's first UK entry date, she will be eligible for ILR in June 2021. But as per above scenario, she is planning to stay outside UK for more than 180 days continuously - will her 5 years ILR eligible cycle time be broken (under PBS dependent)? Does she have to restart 5 years to be eligible again for ILR ?

2. When she comes back (Jan 2022), can she extend her visa under "PBS Dependent Leave to Remain" to cover lost ILR eligible time ? If yes, how long she has to extend to be eligible for ILR ?
If not eligible, what visa type she to apply to stay in the country ?

3. Or is there different alternative route to apply ILR for my wife without losing her 4 years 7 month's time with above scenario ?

Please advise. Many thanks in advance.
Kumar

[CULLINAN]

Hello,

I have few queries about my wife's ILR eligibility. Kindly share your expertise and advise.

Currently I am on ILR (granted in April 2018). I got my ILR via Tier 2 General 5 years route (2013-2018).
My wife came to UK as Tier 2 dependent (PBS dependent leave to remain) in July 2016. see below issued valid visa dates to my wife:

17/06/2016 - 04/03/2019
09/08/2017 - 05/03/2019 (I switched companies, so has to redo my Tier 2 visa & my wife's dependent visa)
22/02/2019 - 22/02/2022 (current visa valid dates)
Just FYI she did not have to redo her PBS dependent visa after you switched employer but anyways it is done now. She could have carried on her initial PBS dep visa till 2019 before applying for an appointment extension.

** All visas have been issued under "PBS dependent leave to remain". Never been outside UK more than 180 days in 12 months (calculating every 12 months from 01/07/2016)
She did not have any absence limit on any leave that was granted before 11th Jan 2018. She has absence limits on/after 22/2/2019 in this case. Note the absence limit is also 180 days on rolling basis not only 180 days in one go
Now we are expecting our second baby and my wife planning to have baby in India. Which means staying in India for about 11 months. Currently, travel plan is in late Jan 2021(not yet finalised). My queries are:

1. As per my wife's first UK entry date (issue date not entry date, she will be eligible for ILR in June 2021. But as per above scenario, she is planning to stay outside UK for more than 180 days continuously (it will also break if she exceeds 180 days on rolling basis i.e. the 180-day limit is exceeded in any 12-month period on any leave that was granted after 11th Jan 2018. In this case after 22/2/2019- will her 5 years ILR eligible cycle time be broken (under PBS dependent)? Does she have to restart 5 years to be eligible again for ILR ?
Yes. Her continuous residency will be broken

2. When she comes back (Jan 2022), can she extend her visa under "PBS Dependent Leave to Remain" to cover lost ILR eligible time ? If yes, how long she has to extend to be eligible for ILR ?
No
If not eligible, what visa type she to apply to stay in the country ?
She will have to apply for spouse visa (family route) - you will have to meet the income requirements and all spouse visa specific requirements for her. She has to stay on spouse visa for 5 years before she can apply for ILR

3. Or is there different alternative route to apply ILR for my wife without losing her 4 years 7 month's time with above scenario ?
No. She can only apply when she completes 5 years minus 28 days from initial visa issue date

Please advise. Many thanks in advance.
Kumar

[CULLINAN]

Correction: Just FYI she did not have to redo her PBS dependent visa after you switched employer but anyways it is done now. She could have carried on her initial PBS dep visa till 2019 before applying for an appointment extension.

[kumar30s]

Hi,
Thanks for the reply. Understood that ILR eligibility will be gone.

So I need to try and understand about next steps and need your further advise please :

1. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What visa type she has to apply in UK? is it Spouse visa ? (as per previous reply)
https://www.gov.uk/uk-family-visa. is this link correct for Spouse visa ?
Will this be same for the baby born outside UK ? Before entering UK, do we need to apply Family visa for baby as well?
ps - If I am still on ILR.

2. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - which visa she has to apply please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I am still on ILR.

NOTE: If I become British Citizen in 2021, will this change visa type for my wife & new born baby ?
Kindly can you reply what Visa route to be taken for above mentioned situation, but difference will be British citizen instead of having ILR.

a. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What is the visa type she has to apply in UK ?
And what visa should we apply for new born baby to enter UK ?
ps - If I have British passport.

b. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - what is the visa route for her please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I have British passport.

Sorry to ask too many questions, but I am trying to understand what needs to be done if any of the scenario arises. Appreciate your feedback & advise. Many thanks .

[CULLINAN]

Hi,
Thanks for the reply. Understood that ILR eligibility will be gone.

So I need to try and understand about next steps and need your further advise please :

1. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What visa type she has to apply in UK? is it Spouse visa ? (as per previous reply)
https://www.gov.uk/uk-family-visa. is this link correct for Spouse visa ?
Will this be same for the baby born outside UK ? Before entering UK, do we need to apply Family visa for baby as well?
ps - If I am still on ILR.
Yes

2. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - which visa she has to apply please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I am still on ILR.
Same FLR(M) for both

NOTE: If I become British Citizen in 2021, will this change visa type for my wife & new born baby ?
Kindly can you reply what Visa route to be taken for above mentioned situation, but difference will be British citizen instead of having ILR.
If you become British BEFORE the baby is born, the baby born in India will be British by descent. You will have to only apply for a British Passport in this case

a. If my wife return to UK before her visa expires (22/02/2022) but stayed more than 180 days outside UK - What is the visa type she has to apply in UK ?
And what visa should we apply for new born baby to enter UK ?
ps - If I have British passport.
See as above

b. If my wife over stays in India and plan to return to UK after her current visa expiry (22/02/2022) - what is the visa route for her please ?
And what will be the appropriate visa route for the new born in this situation?
ps - If I have British passport.
See as above

Sorry to ask too many questions, but I am trying to understand what needs to be done if any of the scenario arises. Appreciate your feedback & advise. Many thanks .

The conclusion is your wife has to switch to FLR(M) anyways to settle as she will not be able to settle on PBS dependent visa if she breaches the absence requirement even if she comes back to UK with valid leave OR the leave expires (in this case she will make an out of country application). You having British Citizenship for your wife is meaningless before her settlement.

For the baby born in India, if you become British before he is born in India, baby will be automatically British by descent. Otherwise, you will have to apply FLR(M) for baby - even if you have ILR or become British AFTER baby is born in India.

[CULLINAN]

https://www.gov.uk/uk-family-visa

You will have to follow the above depending if visa is applied inside or outside UK. But you will have to convert your wife and child to family route or as stated above.

[kumar30s]

Dear Forum members,

I have few queries about my wife's ILR application. Kindly share your expertise and advise.

Currently I am on ILR (granted in April 2018). I got my ILR via Tier 2 General 5 years route (2013-2018).
I have applied for my Naturalization,made application on 22/02/2021 (Bio-metric appointment - 26/03/2021)

My wife first came to UK as Tier 2 dependent (PBS dependent leave to remain) in July 2016. see below issued valid visa dates to my wife:

17/06/2016 - 04/03/2019 (entered UK first on 01/07/2016)
09/08/2017 - 05/03/2019 (I switched companies, so has to redo my Tier 2 visa & my wife's dependent visa)
22/02/2019 - 22/02/2022 (current visa valid dates)

Based on above dates (5 years minus 28 days), she will be eligible to apply ILR from 20/05/2021(going by visa grant date rather than entry date).

** All visas have been issued under "PBS dependent leave to remain". Never been outside UK more than 180 days in 12 months (calculating every 12 months from 01/07/2016)

1. Does she has to apply ILR via SET(O) application ?
2. Does my in-progress Naturalization application will be any issue for her ILR application ?(because I don't think I will be able to complete all steps to get British Passport by then)
3. If I managed to get British passport before my wife applies for her ILR, will the process / application / route changes how she has to apply for ILR ?
4. please confirm Documents list for my wife's ILR application : Passport / BRP / Declaration form, Absence history, English language certification, LIUK pass certificate, Cohabitation proof (2 years), Marriage certificate.
5. Do I need to maintain funds for her ILR application ?
6. Do I need to provide my employment letter ?
7. If my wife doesn't apply for ILR, what visa does she need to apply after 22/02/2022?

sorry for asking too many questions, thanks in advance.

Regards,
Kumar

[zimba]

1.Yes
2. No
3. It does not change. It is not relevant to her
4. Looks good
5. No
6. No
7. Skilled Worker dependant (replaced old PBS)

[kumar30s]

Thanks Zimba for quick reply.

regarding point 7 : Change of visa means, 5 years PBS clock resets and wait another 5 years under new visa to apply for ILR ?

[zimba]

Thanks Zimba for quick reply.

regarding point 7 : Change of visa means, 5 years PBS clock resets and wait another 5 years under new visa to apply for ILR ?

No

[kumar30s]

Hi Zimba, correct me if I am wrong. I understood from your reply "No" is that :

No - 5 years PBS route clock doesn't reset and don't have have wait full 5 years under new visa (Skilled worker dependent) to apply for ILR ?

[zimba]

Correct

[kumar30s]

Thanks Zimba for the reply.

[kumar30s]

Dear Admins,

This query is regarding ILR application.
My Wife applied for ILR via PBS Dependent route (SET O application) yesterday and I just noticed a statement under CONSENT section and want to clarify the answer she has stated on application please :

1. I will provide a declaration signed by me to confirm my consent for the Home Office to request verification checks - YES ( This is generic and I take answer is YES for this. My wife need to sign part 1 consent form- correct ?)

2. Is the account with the Bank or Utility company for which you have supplied information and supporting documents held jointly by you and other people - YES (we are going to provide join bank account details & Utility accounts jointly held on our names - So I take this is correct ?)

3. I understand by ticking this check box I am giving consent to verification checks. I will provide a declaration signed by each of the other joint customers on an account with Bank or Utility company - YES ( This is generic and I take answer is YES for this. And also my Wife & myself need to sign Part 1 & 2 of the consent form- correct ?)

4. Does the account with Bank or Utility company for which you have supplied information and supporting documentation relating to other person who is to provide you financial support. - NO (for this statement my wife answered NO. Currently my wife is not working. Can you advise what she answered is correct ?)

Thanks

[zimba]

All correct

[kumar30s]

Thanks Zimba.

[kumar30s]

Dear Admins,

My wife has booked 'priority service' for her ILR appointment. On the day of the appointment, does she need to show my passport or ILR BRP to the case worker (since she is applying ILR as my dependent?

PS - I am guessing this is not the case, but I want to get this confirmed so that I can carry my documents if required.

Thanks in advance.

[CR001]

The appointment is with the third party ukcvas. They are not caseworkers or UKVI staff.

Your passport and ilr is not required to be presented on the day. It should be scanned and uploaded if required.

[zimba]

READ: indefinite-leave-to-remain/online-appli ... 70084.html

[kumar30s]

Understood, thanks both.