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ILR dependant visa

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

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yasirihsan
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Posts: 1
Joined: Tue Feb 04, 2020 10:10 pm
Pakistan

ILR dependant visa

Post by yasirihsan » Tue Feb 04, 2020 10:24 pm

Hi everyone

I am living in Uk fort 6 years now and I have ILR now after living here on tier 2 work visa. My wife came here 4 years ago, we have two kids both UK citizen now. My wife last tier 2 dependant visa is about to expire so I have applied her tier 2 dependant visa extension now. As my status has now changed and I am on ILR now but she still has to complete 5 years to get the ILR so we have to apply for the dependant visa extension.
My question is about maintaince requirement as all of my friend who were in the same situation told me that I don’t need to provide maintaince for her as she is already living in Uk and they have applied for their spouses visas extension and got the visas without the need for maintaince. I called UKVI before applying and confirmed this with them and they said I don’t need to provide maintaince. Even it’s mentioned in PBS dependant guidance under clause 83 that * 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*
But I got an email from the visa officer today asking for maintaince. And I have emailed them back with the reply that as she is living in Uk she doesn’t need to provide the maintaince quoting the above clause.
I need someone to guide me please in this situation.
Thanks a lot
Regards
Yasir

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: ILR dependant visa

Post by CR001 » Wed Feb 05, 2020 7:10 am

You need maintenance funds of £630 held for 90 days. This is mandatory if you now hold ilr.

Your "friends" have misinformed you. You don't need maintenance of YOU are also applying for a tier 2 extension. Your most recent leave is not a tier 2 but ilr.

If you don't provide the maintenance funds, her visa will be refused and she will likely be out on the FLR fp 10 year route
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.

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