Clarification for PBS Dependent ILR eligibility

Family immigration status:

- My husband came on Tier 2 ICT Visa in early 2010 - Visa granted before 6 Apr 2010.
- We got married and I came as PBS Dependent in early 2014.
- He got a few extensions and eventually applied and received ILR in 2016. Not applied for UK passport yet.
- My son born in India in 2016.
- My 2nd son born in UK in 2018 - we applied for UK passport for him.
- My husband applied for Child Benefit after birth of second son.It is my husband who is claiming. Also because his income is above £60k, he is not getting the money but NI credits.
- I and my elder son applied for PBS Dependent extension in late 2018
- I have passed Life in UK Test in early 2020.


Questions:
Q1 : Can you please confirm checking for ILR eligibility, I need to answer as below:

What's your situation - You're the family member or partner of someone who has settled in the UK
How did they settle? - On a work visa
What type of work visa did they settle with? - A tier 1, tier 2 or tier 5 visa

Q2: When answered as above, the website tells me:

When you apply for settlement, you and your partner must not be using public funds

Does it mean we are breaking the immigration rules, since my partner on ILR is claiming Child Benefit for the second son, who was born in the UK?

Q3: The website also says:

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

My original Visa in 2014, was when husband did not have ILR. Since then it has been extensions only. So how do I interpret this statement. My latest "extension" was AFTER he got ILR. So should I apply as partner of a settled person instead or not?

On the website; https://visas-immigration.service.gov.uk/product/set-o there is a statement saying:

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

I have been on PBS Dependent, and not on Family Visa - so I feel I can use SET(O) but need confirmation please.

You can ONLY use form SET O if you hold a PBS dependent visa.

You could have applied for ilr in 2019 already.

Thanks for the response. Can you pls also help me on:

Q2: When answered as above, the website tells me:

When you apply for settlement, you and your partner must not be using public funds

Does it mean we are breaking the immigration rules, since my partner on ILR is claiming Child Benefit for the second son, who was born in the UK?

There is one more question I have on the application form and will appreciate your help

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list.

My partner (on ILR) is not part of this application but is claiming child benefit. Does this need to be declared?

No

Thanks for the help.

Once I pass the IELTS Life Skills B1, I will submit ILR application with following documents:

- Passport for me and my elder son
- Passport for my elder son
- BRP for me and my elder son
- Council Tax Letter for 2018/19, 2019/20 and 2020/21 showing names of both me and my husband
- Last one month payslip for my husband
- Declaration signed (me and my husband) to consent Home Office checks

For the question on set(o)

Does the period of stay on which this application was based include any leave granted since 11 January 2018?

I answer Yes because I received PBS Dependent Visa extension after 11-01-2018 ... I hope this is correct

jameswilliamson6544 wrote: ↑

Sun Jun 07, 2020 5:45 am

Thanks for the help.

Once I pass the IELTS Life Skills B1, I will submit ILR application with following documents:

- Passport for me and my elder son
- Passport for my elder son
- BRP for me and my elder son
- Council Tax Letter for 2018/19, 2019/20 and 2020/21 showing names of both me and my husband
- Last one month payslip for my husband
- Declaration signed (me and my husband) to consent Home Office checks

You need more than just council tax to prove cohabitation. You need 3 to 6 sources spread evenly for every 3 to 4 months for the last two years.

You do not need payslips.

jameswilliamson6544 wrote: ↑

Sun Jun 07, 2020 5:53 am

For the question on set(o)

Does the period of stay on which this application was based include any leave granted since 11 January 2018?

I answer Yes because I received PBS Dependent Visa extension after 11-01-2018 ... I hope this is correct

Fine.

You need more than just council tax to prove cohabitation. You need 3 to 6 sources spread evenly for every 3 to 4 months for the last two years.

I didn't know we need to show cohabitation on SET(O) as PBS Dependent. I was adding Council Tax for address proof only. I can show following documents:

- Water bill in name of both me and my husband, although our first names have been initialised but last name is in full. Bill date Feb 2019 and Feb 2020
- Council Tax Bill in both our full names, 2018/19, 2019/20 and 2020/21
- Mortgage statement in both our names, and some letters from mortgage lender showing change of monthly payment or length of mortgage, I should be able to find something from second half of 2019 and Jan 2020
- Home office letter just in my name to confirm my BRP number when I received Visa extension in Dec 2018

For my elder son
- Home office letter just in his name to confirm his BRP number when he received Visa extension in Dec 2018
- Invoice from nursery

All these letters will be of at our current address only

Q: Will these suffice, or we need more documents to prove cohabitation?
Q: Do we need to add birth certificate for the child, from 2016?
Q: Do we need to provide our marriage certificate, from 2014?

I didn't know we need to show cohabitation on SET(O) as PBS Dependent. I was adding Council Tax for address proof only. I can show following documents:

- Water bill in name of both me and my husband, although our first names have been initialised but last name is in full. Bill date Feb 2019 and Feb 2020
- Council Tax Bill in both our full names, 2018/19, 2019/20 and 2020/21
- Mortgage statement in both our names, and some letters from mortgage lender showing change of monthly payment or length of mortgage, I should be able to find something from second half of 2019 and Jan 2020
- Home office letter just in my name to confirm my BRP number when I received Visa extension in Dec 2018

Should be ok. What about other utility bills??

For my elder son
- Home office letter just in his name to confirm his BRP number when he received Visa extension in Dec 2018
- Invoice from nursery

You don't need cohabitation for children. It is only required for your spouse to prove subsisting relationship.

All these letters will be of at our current address only

You need two years evidence, the two years preceding the date of application online for ILR.

Q: Do we need to add birth certificate for the child, from 2016?

Does the checklist ask for it? Useful to prove parental responsibility and should be included then.

Q: Do we need to provide our marriage certificate, from 2014?

Ideally yes.

Thanks!

What about other utility bills??

All other utility bills like internet, gas, electricity are in name of husband and not me or joint.

We don't have any joint bank account either. All bank accounts are in individual names only.

My worry is that water bill and council tax bill is generated in Feb/March period - so we don't have any document in joint name (Except from mortgage lender) for rest of the year.

Q: Do we need to add birth certificate for the child, from 2016?

Does the checklist ask for it? Useful to prove parental responsibility and should be included then.

I have partially filled the online form, but not made payment as still pending IELTS Life Skills B1 exam. So I don't have any official checklist yet, but using this time to prepare/ready all documents.

Thanks for all the help so far.

For my situation below:

- My husband came on Tier 2 ICT Visa in early 2010 - Visa granted before 6 Apr 2010.
- We got married and I came as PBS Dependent in early 2014.
- He got a few extensions and eventually applied and received ILR in 2016. Not applied for UK passport yet.
- My son born in India in 2016.
- My 2nd son born in UK in 2018 - we applied for UK passport for him.
- My husband applied for Child Benefit after birth of second son.It is my husband who is claiming. Also because his income is above £60k, he is not getting the money but NI credits.
- I and my elder son applied for PBS Dependent extension in late 2018 - biometrics were taken at post office
- I have passed Life in UK Test in early 2020.
- Awaiting results for IELTS Life Skills B1

Can you please clarify if I understand process correctly:

1. Once wife PASS IELTS Life Skills B1, submit online application for both wife and the elder child. At this stage, we pay approximately 2400 per person and nothing for the appointment.
2. Then we are taken to UKVCAS website, where we get option to either use standard route or priority route or super priority route. These may not all be available due to Covid-19. We pay for the chosen appointment.
3. We then upload all documents digitally as required by the checklist.
4. (Not directly related) From immigration/cost perspective, it is beneficial to apply now and get in queue rather than wait for all Covid-19 restrictions to go away.

Thanks for clarifying if I understand above process correctly or not.

1. Once wife PASS IELTS Life Skills B1, submit online application for both wife and the elder child. At this stage, we pay approximately 2400 per person and nothing for the appointment.

Correct. Note the fee UKCVAS charges is separate to the ILR fee you pay. She also needs LIUK test.

2. Then we are taken to UKVCAS website, where we get option to either use standard route or priority route or super priority route. These may not all be available due to Covid-19. We pay for the chosen appointment.

No, you won't get this option at this point. The standard/priority/super priority option is offered, if available, before you pay the ILR application fee. It is a UKVI service, not a UKCVAS service. Only standard service is currently available. The appointment fee you pay is a UKCVAS fee for their service and has nothing to do with priority or super priority.

3. We then upload all documents digitally as required by the checklist.

You should upload documents based on the requirements stated in the immigration rules and guidance notes. The checklist is generic and will omit to tell you, for example, about the 2 years evidence of cohabitation.

4. (Not directly related) From immigration/cost perspective, it is beneficial to apply now and get in queue rather than wait for all Covid-19 restrictions to go away.

Up to you, but probably a good idea to get into the queue.

She also needs LIUK test

This was completed in early 2020.

SET(O) Guidance notes: I am unable to find this. I searched on Google for: assets.publishing.service.gov.uk filetype:pdf SET(O) but didn't get anything latest.

I found from Nov-2017 at: https://webarchive.nationalarchives.gov ... -form-seto

PBS Dependent Guidance Notes! The requirement is to prove subsisting relationship, which is 2 years evidence of cohabitation in both your names from 3 to 6 difference sources, spread evenly for every 3 to 4 months.

https://www.gov.uk/government/publicati ... rs-1-2-4-5

Thanks.
I am confused (not clear) about these questions

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?

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?

Husband already has ILR and we will submit utility bill (council tax, water, gas, electricity) to prove cohabitation. We will also submit individual bank statement from same bank account to show that we were living at same address. I trust there is no maintenance requirement, so financial need to be shown. In this situation should I answer YES to first question, and NO to second question.

Have you passed an approved English language test - YES
Did the test assess your speaking and listening skills at a level equivalent to CEFR B1 or higher? - YES

How did you get your result?

I have received Test Report Form showing PASS.
This has UKVI number and TRF number - so what should I answer to this question: (a) Certificate (b) Online Reference Number

If you’ve given your fingerprints before
If UKVI can reuse the fingerprints you’ve already given, they’ll email you with instructions on how to send them an image of your face and your supporting documents.

This will mean you do not have to attend an SSC to provide biometric information.

Is it possible to know what is the criteria based on which UKVI determines whether finger-prints can be used?

In my case, I gave my biometrics at Post Office roughly 19-20 months ago, how can I find if this will be re-used?

jameswilliamson6544 wrote: ↑

Thu Jul 30, 2020 8:08 pm

If you’ve given your fingerprints before
If UKVI can reuse the fingerprints you’ve already given, they’ll email you with instructions on how to send them an image of your face and your supporting documents.

This will mean you do not have to attend an SSC to provide biometric information.

Is it possible to know what is the criteria based on which UKVI determines whether finger-prints can be used?

In my case, I gave my biometrics at Post Office roughly 19-20 months ago, how can I find if this will be re-used?

No one really knows the criteria. You will have to wait and see.