Can i vary the application without giving Biometrics?

Hi,

I have been a quite reader of immigration boards for a long long time and it is tremendously helping the people in need of an honest and informative advice.

I have a question regarding my Wife’s visa extension. She is currently on PBS dependent (Tier 2 general dependent)

I got tier 2 general in August-14 and my 5 years visa is expiring on 11/08/2019, so i’ll apply for ILR before the 11th. My wife got PBS dependent in Jan-17 and her leave is also expiring on the same date as mine i.e. 11/08/2019. I believe she’ll switching to spouse visa, please correct me if i am wrong. I am filling SET(O) form for myself, which form shall i be filling for her?

Looking forward to your response.

Many thanks,
Arif

She can continue to extend her PBS dependent visa. Switching to spouse visa resets her clock for ilr to zero.

Hi CR001,

Thank you so much for the reply, very helpful.

I might change/leave my job after ILR, would she still be able to extend PBS dependent visa?

If i extend her visa asa tier 2 dependent, i think she’ll get 3 years extension (please correct if wrong), so the current leave of 20 months and then extension of 3 years will not complete 5 years requirement for her ILR. How would she go for ILR the? Would she need to get another extension before going for ILR?

Many thanks,
Arif

I might change/leave my job after ILR, would she still be able to extend PBS dependent visa?

She is dependent on you,not your tier 2 sponsor. Who your employer is when she extends is irrelevant.

If i extend her visa asa tier 2 dependent, i think she’ll get 3 years extension (please correct if wrong), so the current leave of 20 months and then extension of 3 years will not complete 5 years requirement for her ILR. How would she go for ILR the? Would she need to get another extension before going for ILR?

Yes, extend again and then vary. What you could do when you extend this year is applying using the standard route which is like a Postal app and will buy here a few more weeks as extension is valid from date of decision and brp and not tagged onto the end of her last visa.

CR001, thanks a billion, such a legend you are. Thank you so much for your help, its surely the best advice i can get.

It seems like the postal application option is no longer available, or i couldn’t find it.

I was going through the maintenance requirement for PBS extension and it says you should have £630 in the savings for three months or a letter from an A rated sponsor. Unfortunately my balance went below £630 for a couple of days in June, would i be able to provide a letter from the employer since i won’t be on tier 2 visa anymore?

Can i apply mine and her visa at the same time? If so, what details would i be providing for my status details on her application, we both have same visa expiry dates on current visa. Or shall i get my ILR first through super priority service and then fill out her application?

Thank you so much for your help.

Hi CR001,

Both of us will be applying for Visa at the same time, ILR for myself and PBS Dependent extension for my wife. Please see below, it seems like she is not required to provide maintenance evidence. Please correct if I misunderstood.

82. If you apply at the same time as the main applicant, you are only required to provide evidence
that you meet the maintenance requirement when the Tier 2 Migrant is also required to meet the
maintenance requirement.

https://assets.publishing.service.gov.u ... 3-2019.pdf

Many thanks,
Arif

The piece you are quoting relates to YOU and HER applying for a Tie 2 extension and NOT you applying for ILR and her applying for an extension.

If you do not submit evidence of the maintenance funds, her visa will be refused.

Thank you CR001, Can that proof be Employer's letter? When i'll apply for her extension, I'll still be on tier 2 or my visa would be under process.

Can that proof be Employer's letter?

No. It will have to be either of your bank accounts.

Ok great, very helpful to know.

I'll need to apply for a Spouse visa in that case and if the decision won't be made until the first week of September, I'll vary the application to PBS Dependent as I'll be having 90 days maintenance by then.

Also, my visa issuance date was 28/08/2014 and expiring on 11/08/2019, leaving 17 days short of 5 years. I believe I can use the 28 days grace period and can apply any time after the 1st of August. Please confirm.


Many thanks,
Arif

CR001, please can you clarify this last thing for me? Thank you very much

Dear CR001,

Please can you confirm if i am thinking in the right direction? Your advice would really help me in making this decision. Looking forward to hear from you.

Many thanks. Arif

Dear CR001,

Just waiting for your reply to decide the way forward.

Thanks,
Arif

If i apply for spouse visa on the 10th of august and then vary the application to pbs dependent extention on 30th of August, what will be considered as the date of application for the variation application? 10th or 30th?

Carifb wrote: ↑

Wed Jul 03, 2019 9:58 am

Hi,

I am currently on tier 2 general and will be applying for ILR in early August. My wife will be applying for a spouse visa since we forgot to maintain a balance of £630 for 90 days. Please can anyone clarify the following 2 questions:

1) Can she apply for spouse and later vary to PBS dependent extension?
2) If she can vary to PBS dependent, what will be considered as a date of application? Will that be the date of variation?

Many thanks for your help.

Arif

https://www.gov.uk/government/publicati ... procedures

Thank you for your much-awaited reply. I have gone through this guide 3-4 times but couldn't really get a straight forward answer, that's why asking for your opinion/advice.

Many thanks,
Arif

Page 16 onwards.

Thank you. As i'll be varying from Spouse to PBS Dependent extension, the blue coloured text would be applicable, right? So the date of application would the the variation application date and the 90 days statement should be before that date?

Thanks for your help.


Date of application: application to vary
Where an application is varied, the application date remains the date of the original
application. This is relevant to whether an applicant has, or will have, section 3C
leave. For further information see: Leave extended by section 3C (and leave
extended by section 3D in transitional cases).
For PBS applications, where a variation application is made in accordance with
paragraph 34E, the date the variation application is made is the date to be used for
the purposes of assessment against the rules.

Hi CR001,


Please can you confirm if I have understood the blue part correctly?

Many Thanks,
Arif

Hi,

Can please confirm if I have understood the blue highlighted text correctly.

Many thanks,
Arif

Hi,

Please can someone advice on the following:

My bank statement is maintained from 2nd of June 2019 for PBS dependent funds requirement. We'd be in a position to fulfill the 90 days fund requirement on the 30th of August.

My wife's visa is expiring on the 11th of August. If she applies for a spouse before the 11th and then varies the application to PBS dependent on 1st of Sep. Would she be able to provide the statement from 2nd June till 30th August to fulfill 90 days requirement? Or will she need to complete the 90 days statement until 11th of August? I know it is a very small and basic question but I have received two exactly opposite answers from 2 solicitors and now I am very confused.

Thank you for your help.
Arif

You are not getting a response likely because no one on the forum really knows if it will work. FLR(M) has different requirements and falls under completely different immigration rules.

Thanks for the response. No problem, you have been very helpful, thank you so much.

Can I provide statements from 3 different bank accounts to show £630 maintenance? Or shall that be in a single bank account?

Many thanks.

Can I provide statements from 3 different bank accounts to show £630 maintenance?

Yea and write a note to make this clear. All three accounts must have held funds for 90 days each.

You can also use overseas bank accounts and any bank account you use can be in either your name or your spouse or joint.

ok great. Thank you for all your help.