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ILR for PBS dependent short by 40 days

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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MK123
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ILR for PBS dependent short by 40 days

Post by MK123 » Mon Jun 27, 2016 1:23 pm

Hello

I have a slightly tricky case for my wife's ILR, she joined me on PBS Dependent visa(Tier 1).

She joined me in Nov 12 with an actual visa from Oct 12. We had some necessity and hastened her PBS extension by 2.5 months(Aug 14) hoping the new visa will be from the end date of the existing one(Nov 14). But got screwed up and got the visa from Aug 14 to Aug 17. Which leaves her short of the 5 years by one months(45 days) for her ILR?

Summary -
Visa 1 - Oct 12 - Nov 12
Visa 2 - Aug 14 - Aug 17

With the cost of extension and surcharge it would cost me more than £2500 and then ILR costs. Can someone suggest if I can apply for ILR early around Aug 17 and hope the application is picked up by the time she is eligible for ILR, I mean 40 days would have elapsed by the time caseworker looks into the case.

Would be good to get some suggestions to I can decide and get the strength to take this approach.

Thanks
Sam

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Wed Jul 06, 2016 12:39 pm

Anyone some guidance please?

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Thu May 25, 2017 2:05 pm

Any new success stories using the variation method please? Any advice/guidance is also appreciated as we are approaching the expiry date.

secret.simon
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Re: ILR for PBS dependent short by 40 days

Post by secret.simon » Thu May 25, 2017 2:24 pm

What you could do is apply for a further spousal extension just before the visa expiry date. And then, assuming that you do not hear back from UKV&I before October, apply for a variation to ILR when she becomes eligible for ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Thu May 25, 2017 2:46 pm

Thanks Simon, I will prepare to do that. I will first go with the PBS extension first not to take any chances and then change it to ILR assuming the application is delayed.

I searched but could not find any similar recent applications. Can someone let me know if there are any cases like this ? Thanks

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Re: ILR for PBS dependent short by 40 days

Post by iworker » Thu May 25, 2017 3:11 pm

make sure she has given the english test and ilr well before.. so u dont need the passport brp close to time of applying

secret.simon
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Re: ILR for PBS dependent short by 40 days

Post by secret.simon » Thu May 25, 2017 8:00 pm

iworker wrote:make sure she has given the english test and ilr well before
I presume that you mean that she does the LITUK test and English test in advance. A sensible suggestion.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Fri May 26, 2017 12:09 pm

Thanks iworker for the suggestion. Very useful.

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marcnath
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Re: ILR for PBS dependent short by 40 days

Post by marcnath » Fri May 26, 2017 8:46 pm

MK123 wrote:Can someone suggest if I can apply for ILR early around Aug 17 and hope the application is picked up by the time she is eligible for ILR, I mean 40 days would have elapsed by the time caseworker looks into the case.
I believe the condition is that you can APPLY 28 days before reaching the qualifying period. So, it does not matter when it is processed.

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marcnath
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Re: ILR for PBS dependent short by 40 days

Post by marcnath » Fri May 26, 2017 8:52 pm

secret.simon wrote:What you could do is apply for a further spousal extension just before the visa expiry date. And then, assuming that you do not hear back from UKV&I before October, apply for a variation to ILR when she becomes eligible for ILR.
Since you can apply for ILR 28 days before the qualifying period, she only needs to wait 17 days before varying.
And since you have 15 working days to submit Biometric, you should be able to do the variation before she submits the biometrics.
But the guidance reads as follows:
Date of application: application to vary
Where an application is varied, the application date remains the date of the original application.

That implies that variation may not help since the qualifying period is not met at the time of original application.
It is possibly worth calling HO directly and confirming

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marcnath
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Re: ILR for PBS dependent short by 40 days

Post by marcnath » Fri May 26, 2017 9:26 pm

MK123 wrote:Hello

I have a slightly tricky case for my wife's ILR, she joined me on PBS Dependent visa(Tier 1).
Just realised there is a more fundamental issue. I don't see an option for a PBS Dependent visa(Tier 1) to apply for ILR on her own. https://www.gov.uk/settle-in-the-uk/y

So, you can only apply for her ILR with you or after your ILR.

Are you meeting the 5 year also only in Oct ? If so, you may be left with no choice but to apply for her dependent extension and then apply again for ILR at the same time.

I am not sure if applying together with you (there is no separate application form) can be still positioned as a variation of standalone extension application.

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Mon May 29, 2017 6:15 pm

marcnath wrote:
MK123 wrote:Hello

I have a slightly tricky case for my wife's ILR, she joined me on PBS Dependent visa(Tier 1).
Just realised there is a more fundamental issue. I don't see an option for a PBS Dependent visa(Tier 1) to apply for ILR on her own. https://www.gov.uk/settle-in-the-uk/y

So, you can only apply for her ILR with you or after your ILR.

Are you meeting the 5 year also only in Oct ? If so, you may be left with no choice but to apply for her dependent extension and then apply again for ILR at the same time.

I am not sure if applying together with you (there is no separate application form) can be still positioned as a variation of standalone extension application.
Thanks Marcnath, I am British citizen already so it will be just my wife applying for the extension or ILR. Thanks for the guidance regarding the application date but various successful cases from the forum would have been in the same boat I would think ?

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Mon Jul 24, 2017 2:50 pm

Hi Marcnath

I have seen various cases who had varied the application but by what you mentioned below they should not be eligible for ILR or whatever new application being made. Can someone clarify the point if I am still okay to vary the dependent PBS extension to ILR?(I am already British citizen). We already for the english alng test and Life in UK covered thanks to the pointers in this thread.

Cheers

marcnath wrote:
secret.simon wrote:What you could do is apply for a further spousal extension just before the visa expiry date. And then, assuming that you do not hear back from UKV&I before October, apply for a variation to ILR when she becomes eligible for ILR.
Since you can apply for ILR 28 days before the qualifying period, she only needs to wait 17 days before varying.
And since you have 15 working days to submit Biometric, you should be able to do the variation before she submits the biometrics.
But the guidance reads as follows:
Date of application: application to vary
Where an application is varied, the application date remains the date of the original application.

That implies that variation may not help since the qualifying period is not met at the time of original application.
It is possibly worth calling HO directly and confirming

Monty79
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Re: ILR for PBS dependent short by 40 days

Post by Monty79 » Fri Jul 28, 2017 12:54 pm

Hello MK,

I am also on same boat, My wife is short of 62 days (34 + 28 days window). Her current Tier1(G) dependent expires in Dec 2017 and will complete her 5 years on Jan 2018.

What option your are going for? Applying Extension and then planning vary? OR applying for Postal ILR?
Let me know.

Thanks,
Monty

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Fri Jul 28, 2017 5:11 pm

Hi Monty - Planning to go via Extension and vary to ILR. Will keep you updated here. Still have some time to go. Cheers

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Thu Aug 24, 2017 1:04 pm

Posting in ILR forum as I discussed the case here.
--
Hi

I have now applied for the extension for my wife with the necessary documents. My wife qualifies for ILR by 4th October (Entry date 01-Nov-2012). I got the biometrics letter dated 21st August. Would it be better to delay biometrics to improve the chances to qualify for ILR? I have seen in this forum that UKVI sends a second letter if biometrics are not provided.

Any advice is hugely appreciated.

Thanks

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Mon Aug 28, 2017 9:22 pm

Any advice please ?

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Re: ILR for PBS dependent short by 40 days

Post by dushyant211083 » Wed Sep 13, 2017 8:56 am

Hello MK,
How did you proceed? Did you vary your application to ILR? I also wanted to follow same approach with 55 days short in ILR.

Thanks,
Dushy

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Wed Sep 13, 2017 12:55 pm

Hi

I am yet to vary the applciation to ILR as the qualifation date is in October. But based on the recent processing times the extension applications are being processed much quickly so I am not too hopeful on varying the application to ILR. I will inform if I do change but 50 days do look a lot of time based on the current processing timelines. Cheers

MK123
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Re: ILR for PBS dependent short by 40 days

Post by MK123 » Fri Sep 22, 2017 8:33 pm

As expected UKVI found a knack to approve the visa extension super quickly. Hmm. timeline as below.

Date of Online Application 16-Aug-17
Date of posting documents 18-Aug-17
Date of Biometrics Letter 21-Aug-17
Date of Biometrics submission 08-Sep-17
Date of BRP Arrival 20-Sep-17

Even though we delayed the biometrics the visa was approved in 5days

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