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PBS DEPENDANT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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CH12345
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Pbs dependent extension for spouse and child

Post by CH12345 » Tue Jan 22, 2019 3:20 pm

Good day, its my first time posting here so I hope this question is in the right place. Its similar to the above hence my choosing this thread.
I entered the UK in Feb 2014 on Tier 2 and am now due for ILR, however my husband and daughter (8 years old, not born in UK) got thier visas in Aug 2015 so have not served the probationary 5 year period. All our leave to remain expire in Feb 2020
I have found conflicting information online and just need to clarify these please;
What do I do for my husband + daughter who can only apply for ILR in August 2020 but his leave to remain expires Feb 2020.
Can my daughter apply for ILR with me now if the probationary laws do not apply to her? since her dad is on a PBS depedant visa.
Do I need an extension for both of them to cover the 6 month gap, is there any cost-effective way to do this since it appears one can only apply for 3 years visa + the IHS?
I have a son born in the UK a few months ago. What will be the papers he should apply for him?
I will really appreciate any advice given.
Many thanks!

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Re: Pbs dependent extension for spouse and child

Post by CR001 » Tue Jan 22, 2019 3:24 pm

Post split to your own topic. See point 12 in the link below about tagging onto other members topics.

announcements/read-me-getting-started-t ... 24804.html
Char (CR001 not Casa)
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Re: Pbs dependent extension for spouse and child

Post by CR001 » Tue Jan 22, 2019 3:26 pm

What do I do for my husband + daughter who can only apply for ILR in August 2020 but his leave to remain expires Feb 2020.
You will need to apply for a 3 year extension as PBS Dependents.
Can my daughter apply for ILR with me now if the probationary laws do not apply to her? since her dad is on a PBS depedant visa.
No she cannot. She will qualify for ILR when your husband does.
Do I need an extension for both of them to cover the 6 month gap, is there any cost-effective way to do this since it appears one can only apply for 3 years visa + the IHS?
The Immigration Rules state it will be a 3 year extension. You cannot apply for a lesser validity visa extension.
I have a son born in the UK a few months ago. What will be the papers he should apply for him?
Once you have ILR, you can apply to register him as British on form MN1. He does NOT need to have ILR or a valid visa to apply.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CH12345
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PBS DEPENDANT

Post by CH12345 » Mon Jan 06, 2020 1:58 pm

Hello
I'm after some urgent advice please and have trawled through the boards, but not found specific advice that can answer my queries and hpe you will be able to help please.
I have been granted ILR (March 2019) after Tier 2 PBS, and have my daughter and husband who have been my dependants on that visa, thier visas run out Feb 2020 but is 6 months shy of the 5 year probationary period as I understand, this applies to my husband but not 9 year old daughter (not UK born)

However, when I applied for ILR the home office snet me an email asking about my daughter and if she would be applying and I explained that it was my understanding that she could not apply for ILR until both parents had it?... Was my interpretation of this guidance wrong? Unfortunately, the casewoker didnt provide any clarity.

My main issue(s) are
1.Should I now apply for extension as PBS dependant for both of them, is the 5 year Tier 2 limit applicable to them? am I right in thinking this applies to main applicant but not dependands?
2. When I am eligibe for citizenship (March 2020) and naturalise, will my daughter then be eligible for same? (FYI, My son who was UK born in Nov 2018 has since gotten his British passport after I got ILR)
3. Is there any update on the absence rules for dependents? (Husband has probably been away for >180 days but daughter not at all)
4. I am considering the PBS dependent extension rather than ILR for my daughter because I am unsure if she qualifies being that dad doesn't have ILR, and also because it will be cheaper as I am in a shortage occupation.
I do hope my questions aren't too lenghty.
Thanks in advance

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Re: PBS DEPENDANT

Post by CR001 » Mon Jan 06, 2020 3:16 pm

I have been granted ILR (March 2019) after Tier 2 PBS, and have my daughter and husband who have been my dependants on that visa, thier visas run out Feb 2020 but is 6 months shy of the 5 year probationary period as I understand, this applies to my husband but not 9 year old daughter (not UK born)
There is no minimum residence requirement for children.
However, when I applied for ILR the home office snet me an email asking about my daughter and if she would be applying and I explained that it was my understanding that she could not apply for ILR until both parents had it?... Was my interpretation of this guidance wrong? Unfortunately, the casewoker didnt provide any clarity.
A child born abroad will only qualify for ILR when the other parent does, so your understanding was correct.
1.Should I now apply for extension as PBS dependant for both of them, is the 5 year Tier 2 limit applicable to them? am I right in thinking this applies to main applicant but not dependands?
The 6 year limit on tier 2 does NOT apply to dependents. It only applies to the main Tier 2 visa holder.
2. When I am eligibe for citizenship (March 2020) and naturalise, will my daughter then be eligible for same? (FYI, My son who was UK born in Nov 2018 has since gotten his British passport after I got ILR)
No, your daughter will not be eligible as she needs ILR first, which she can only get when your spouse also applies.
3. Is there any update on the absence rules for dependents? (Husband has probably been away for >180 days but daughter not at all)
There is no absence limit for children. For your husband, absence limit only counts if he has a visa issued on or after 11th January 2018. Absences before this date and on visas issued before this date are irrelevant.
4. I am considering the PBS dependent extension rather than ILR for my daughter because I am unsure if she qualifies being that dad doesn't have ILR, and also because it will be cheaper as I am in a shortage occupation.
She needs an extension with her father. It will be a 3 year extension. Visa fee plus £1200 IHS each is payable.
Char (CR001 not Casa)
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Re: PBS DEPENDANT

Post by CH12345 » Tue Jan 07, 2020 3:38 pm

Thank you very much for this... Massive help!

CH12345
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Re: PBS DEPENDANT

Post by CH12345 » Tue Jan 07, 2020 4:04 pm

One last question please. Would they need evidence of maintainance requirements: My question is based on this part of the guidance:

83. If you apply separately from the main applicant you will need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying
maintenance requirements.

I wasn't required to show evidence of funds during my last tier 2 renewal... how do I evidence this during the application please.
Thank you.

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Re: PBS DEPENDANT

Post by CR001 » Tue Jan 07, 2020 5:51 pm

For dependents, you need to prove 90 days maintenance funds of £630 X 2.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CH12345
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Re: PBS DEPENDANT

Post by CH12345 » Sun Feb 02, 2020 8:26 am

Hello again
After completing this application the IHS surcharge is coming up as 2000 each, rather than 1200 for the 3 year extension. I don't know what I am doing wrong. It may be calculating this based on my ILR status, which is 2024 but that wouldn't make sense. Please can you kindly advise what is the correct way to go about this. Thank you.

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Re: PBS DEPENDANT

Post by CR001 » Sun Feb 02, 2020 8:45 am

I don't know what I am doing wrong. It may be calculating this based on my ILR status, which is 2024 but that wouldn't make sense.
You need to out your ilr expiry date as day month 2023 to get the correct IHS.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CH12345
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Re: PBS DEPENDANT

Post by CH12345 » Sun Feb 02, 2020 8:49 am

Thank you. It's not letting me amend it, so I am making the application again and will change it when I get to that point. What a hassle.
Thank you for your very prompt reply!

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