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Tier 2 dependent PBS extension application change to T2 Dependent PBS ILR applicaiton

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.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

berlinwall
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ILR question for Tier 2 dependent visa

Post by berlinwall » Fri Jul 19, 2019 11:49 am

Hi all,
I have Tier 2 PBS visa and been issued on 23/01/2015 (Expired date is 23/01/2020) and after my working visa been granted, my wife she applied for Tier 2 dependent visa and so her visa been granted on 1/03/2015 about 1 month because Home office issue it took time (Expired data is 23/01/2020). And I was on Tier 4 student visa on 2015 and she was on Tier 4 student dependent visa. And we transferred old Tier 4 visa to Tier 2 visa inside U.K..
My question is: I am going to apply ILR on 20/01/2020 (which is within 28 days before my Tier 2 visa been expired), can my wife she apply for ILR with me together? Her 28 days will be beginning of February but at that time her Tier 2 visa already expired. But in the past 5 years my wife she is living with me when my Tier 2 visa been granted. So can she be considered as 5 years Tier 2 dependent visa on 23/01/2020 rather than has to wait until 01/03/2020 to be 5 years?

Thank you.

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CR001
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Re: ILR question for Tier 2 dependent visa

Post by CR001 » Fri Jul 19, 2019 12:24 pm

can my wife she apply for ILR with me together?

No. She can apply for ilr no sooner than within 28 days before 1 march 2020.
Char (CR001 not Casa)
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berlinwall
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Hong Kong

Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Fri Jul 19, 2019 1:07 pm

Hi,
why, because her visa is expired on 23/01/2020 same as mine. So 28 days is that the visa expired day ? And before she is always living with me.

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Fri Jul 19, 2019 1:25 pm

CR001 wrote:
Fri Jul 19, 2019 12:24 pm
can my wife she apply for ILR with me together?

No. She can apply for ilr no sooner than within 28 days before 1 march 2020.
thank you.

berlinwall
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ILR qualifying period 23 days short

Post by berlinwall » Wed Sep 18, 2019 10:31 am

Dear all,
I see you all did very helpful work for him and actually I have similar issue and would like to know if that is the same as his?

I am currently under Tier 2 working visa and some important dates for me:
- Tier 2 visa issued: 23/01/2015 (which I applied within U.K.)
- Current Tier 2 visa expiry: 23/01/2020
- Earliest ILR application: 27/12/2019

I am planning to apply/submit application on 27/12/2019.

Then my wife she was with my Tier 4 dependent visa and stayed in U.K. before and there are some key dates for her:
- Tier 2 dependent visa issued: 01/03/2015 (which she applied within U.K. and the date for her visa is bit delay because of after my Tier 2 visa granted then she submitted her and her one been granted on 01/03/2015)
- Current Tier 2 dependent visa expiry: 23/01/2020
- Earliest ILR application: 02/02/2020 (01/03/2020 deduct 28 days)

So she is still more days short than above case I think because in order to have five years she has to say until 01/03/2020 and if she can only apply 28 days before 01/03/2020 which will be 02/02/2020 and her visa has been expired on that time. In this case does it mean she has to extend her visa for actually short period to eligible this five years? Thank you.

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Zimba
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Re: ILR qualifying period 23 days short

Post by Zimba » Wed Sep 18, 2019 10:39 am

She can apply before visa expiry and book her appointment after eligibility date and she will make up for the shortfall via section 3C automatic leave extension. As long as she is eligible on the date of the decision she will be granted ILR. No need for an extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR qualifying period 23 days short

Post by berlinwall » Wed Sep 18, 2019 11:02 am

Zimba wrote:
Wed Sep 18, 2019 10:39 am
She can apply before visa expiry and book her appointment after eligibility date and she will make up for the shortfall via section 3C automatic leave extension. As long as she is eligible on the date of the decision she will be granted ILR. No need for an extension
So it means better to have slow process to ask her visa application pass this shortfall period? And in this case what will be the earliest date for her to apply? is that 23/01/2020 or 22/01/2020 the date her current Tier 2 visa expired. To minimise the short fall?
And the date of the decision is that the date of she knows ILR been granted or not?

Thank you.

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Re: ILR question for Tier 2 dependent visa

Post by Zimba » Wed Sep 18, 2019 11:08 am

I say apply on 22nd. The day of decision is the date ILR is granted. Her lawful residence period will be calculated on that day hence she will be eligible for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Wed Sep 18, 2019 11:31 am

Zimba wrote:
Wed Sep 18, 2019 11:08 am
I say apply on 22nd. The day of decision is the date ILR is granted. Her lawful residence period will be calculated on that day hence she will be eligible for ILR
you mean lawful period will be the period during Home office making the decision? Thanks.

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Re: ILR question for Tier 2 dependent visa

Post by Zimba » Wed Sep 18, 2019 11:39 am

Lawful period will be calculated on the day of decision . So time spent waiting for decision is lawful under Section 3C
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Wed Sep 18, 2019 12:35 pm

Zimba wrote:
Wed Sep 18, 2019 11:39 am
Lawful period will be calculated on the day of decision . So time spent waiting for decision is lawful under Section 3C
So sound like in this case I can submit my wife her application on 22/01/2020, and to attend the appointment should be few days later say we can book the appointments on 02/02/2020 then is she will consider as five years? Does it work? Thanks

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Re: ILR question for Tier 2 dependent visa

Post by Zimba » Wed Sep 18, 2019 1:15 pm

Correct
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Wed Sep 18, 2019 2:40 pm

Zimba wrote:
Wed Sep 18, 2019 1:15 pm
Correct
But the date is she applied is on 22/01/2020 is more than 28 days (28 days will be 02/02/2020) before she is eligible for five years stay within Tier 2 dependent visa?

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Re: ILR question for Tier 2 dependent visa

Post by Zimba » Wed Sep 18, 2019 4:49 pm

Yes it is OK.
How many times I have to repeat this ? Also why are keep posting the same query again and again ???!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Wed Sep 18, 2019 8:54 pm

Zimba wrote:
Wed Sep 18, 2019 4:49 pm
Yes it is OK.
How many times I have to repeat this ? Also why are keep posting the same query again and again ???!
thank you. Because feel panic sometimes. :D :D :D

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Wed Sep 18, 2019 8:58 pm

Zimba wrote:
Wed Sep 18, 2019 4:49 pm
Yes it is OK.
How many times I have to repeat this ? Also why are keep posting the same query again and again ???!
But CR001 before said no my wife she cannot apply ILR no sooner than with 28 days before 1 March 2020. which is different answer? Please see below.

Re: ILR question for Tier 2 dependent visa
Post by CR001 » Fri Jul 19, 2019 12:24 pm

can my wife she apply for ILR with me together?

No. She can apply for ilr no sooner than within 28 days before 1 march 2020.

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Re: ILR question for Tier 2 dependent visa

Post by Zimba » Wed Sep 18, 2019 9:19 pm

Both advice are technically correct however my advice saves you from an extra extension and saves a ton of money too 8)
I do not know why, but recently I had to explain how this works as per rules over and over again like here: indefinite-leave-to-remain/10-year-rout ... l#p1827092
While this is long residence, the section 3C applies again and lawful residence requirement is met on the day of the decision.

You want more ???
Here is UKVI literally telling you in their guide that they will use the date that is most beneficial to the applicant when Calculating the specified continuous period: indefinite-leave-to-remain/4-days-short ... l#p1794428
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

berlinwall
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Re: ILR question for Tier 2 dependent visa

Post by berlinwall » Thu Sep 19, 2019 10:27 am

Zimba wrote:
Wed Sep 18, 2019 9:19 pm
Both advice are technically correct however my advice saves you from an extra extension and saves a ton of money too 8)
I do not know why, but recently I had to explain how this works as per rules over and over again like here: indefinite-leave-to-remain/10-year-rout ... l#p1827092
While this is long residence, the section 3C applies again and lawful residence requirement is met on the day of the decision.

You want more ???
Here is UKVI literally telling you in their guide that they will use the date that is most beneficial to the applicant when Calculating the specified continuous period: indefinite-leave-to-remain/4-days-short ... l#p1794428
Thank you I will have a look. Thanks.

berlinwall
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Hong Kong

Tier 2 dependent PBS extension application change to T2 Dependent PBS ILR applicaiton

Post by berlinwall » Tue Jan 21, 2020 9:55 am

Dear all,
I have applied a Tier 2 dependent PBS extension application for my wife on 27th of December 2019.
I have been granted by ILR on 31/12/2019.
The reason I applied for her extension is because her 5 years period to eligible for ILR (consider 28 day she can apply) is 03/02/2020. But her previous visa is 10 days short than 03/02/2020.
The question is considering now there is no decision made by home office yet in case if on 03/02/2020 there is no PBS extension visa decision made, Can I change her current PBS extension visa application to be ILR application? If it is how does it work? Do I submit the new ILR application for her and attached her PBS extension reference in the application etc..?
Thank you all.

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Re: Tier 2 dependent PBS extension application change to T2 Dependent PBS ILR applicaiton

Post by CR001 » Tue Jan 21, 2020 10:03 am

Topics Merged!!
Char (CR001 not Casa)
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