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Spouse visa Extension

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

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sahidpatel22
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Spouse visa Extension

Post by sahidpatel22 » Wed Apr 22, 2020 3:04 pm

Hi All,

Hope all okay and keeping well and safe

Seeking advice regarding My Wife Spouse visa extension application

My Wife Current Situation:
Visa Expiry date : 15/07/2020
Visa Type : Dependant of Tier 2 Visa holder

Main Visa holder (My Self) Current Situation :
Had Tier 2 Visa up and till 11th September 2019
From 11th Sep 2019 I got Indefinite Leave to remain on 5 years bases
Yet to apply for british citizenship/passport as i have to wait 12 months after my Indefinite

Baby Born in UK on 12/06/19 he only have birth certificate not applied for any passport yet. As he will be qualify for british passport once i got british citizenship/passport

Question 1 : Visa Type
If We apply for extension she has to apply as spouse/family visa not dependent anymore. Am I correct ?

Question 2 : Finance
We both working so we fulfill the criteria of 18600.00 income. but do we need to show extra 3800 for our first child. ?

Question 3: Details of Children
As we only have birth certificate for baby. if application ask to provide nationality then what shall i write in that details ? british ?

Wish for the best and pray to keeping well in this unforeseen circumstances .

Stay Safe

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CR001
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Re: Spouse visa Extension

Post by CR001 » Wed Apr 22, 2020 3:11 pm

Your spouse does not hold a 'Spouse visa'. Tier 2 Dependent visa is a different visa category to a spouse visa.
Baby Born in UK on 12/06/19 he only have birth certificate not applied for any passport yet. As he will be qualify for british passport once i got british citizenship/passport
A UK born chidl is entitled to register as British once EITHER parent is granted ILR. There is no need to wait till you apply for citizenship. Note the child is NOT yet British so cannot apply for a British Passport. You must register the chidl as British first on form MN1.
Question 1 : Visa Type
If We apply for extension she has to apply as spouse/family visa not dependent anymore. Am I correct ?
You apply for a PBS Dependent visa extension. It will be a 3 year extension. If you switch to FLR(M) spouse visa, it resets the clock to zero for ILR and a new 5 year period (2 x 2.5 year visas) before ILR can be applied for.
Question 2 : Finance
We both working so we fulfill the criteria of 18600.00 income. but do we need to show extra 3800 for our first child. ?
There is NO minimum income requirement for a tier 2 dependent visa extension. You need to prove £630 maintenance funds for 90 days.
Question 3: Details of Children
As we only have birth certificate for baby. if application ask to provide nationality then what shall i write in that details ? british ?
Your child is NOT British.
Char (CR001 not Casa)
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sahidpatel22
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Posts: 42
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Re: Spouse visa Extension

Post by sahidpatel22 » Wed Apr 22, 2020 4:09 pm

Thank you so much for your prompt response.

Confusion is Am I still be able to apply as PBS Dependant even tho i have been granted ILR ?

Regarding my child one of my friend advice that you don't have to do MN1 form once I will apply and get british passport for my self. my child will be able to apply for british passport straight away. been advised to wait until i get my british passport so it will easy for me to apply for first child british passport straight away rather than go thru MN1 form ?

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CR001
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Re: Spouse visa Extension

Post by CR001 » Wed Apr 22, 2020 4:38 pm

Confusion is Am I still be able to apply as PBS Dependant even tho i have been granted ILR ?
Yes, the rules allow it if you got ilr based on tier 2.

immigration-for-family-members/dependan ... 14832.html

Regarding my child one of my friend advice that you don't have to do MN1 form once I will apply and get british passport for my self. my child will be able to apply for british passport straight away. been advised to wait until i get my british passport so it will easy for me to apply for first child british passport straight away rather than go thru MN1 form ?
Why are you listening to people who don't know what they are talking about!! Your child was born before you got ilr and is therefore NOT British. Only a British citizen can apply for a British passport. You becoming British makes absolutely no difference to this and doesn't suddenly make your child British because you are British. Your British citizenship isn't applied retrospectively to your children. You have to do MN1 first, there is no shortcut.
Char (CR001 not Casa)
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sahidpatel22
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Re: Spouse visa Extension

Post by sahidpatel22 » Mon Jun 29, 2020 4:08 pm

CR001 wrote:
Wed Apr 22, 2020 4:38 pm
Confusion is Am I still be able to apply as PBS Dependant even tho i have been granted ILR ?
Yes, the rules allow it if you got ilr based on tier 2.
Thanks for your guidance on this route.

One more question reading this application. If she apply to extend her visa on Tier 2 PBS Dependent, does she needs to have a maintenance of £630 in her bank account or is it okay if I (sponsor with ILR) have it in my bank account.

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Re: Spouse visa Extension

Post by CR001 » Mon Jun 29, 2020 4:46 pm

sahidpatel22 wrote:
Mon Jun 29, 2020 4:08 pm
One more question reading this application. If she apply to extend her visa on Tier 2 PBS Dependent, does she needs to have a maintenance of £630 in her bank account or is it okay if I (sponsor with ILR) have it in my bank account.
Either of your bank accounts must have held £630 maintenance funds for a minimum of 90 days.
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.

sahidpatel22
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Re: Spouse visa Extension

Post by sahidpatel22 » Tue Jun 30, 2020 8:54 am

perfect.

Thanks for the help.

Will post checklist of documents that needed once i complete the application

sahidpatel22
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Posts: 42
Joined: Tue Aug 01, 2017 12:07 pm

Re: Spouse visa Extension

Post by sahidpatel22 » Wed Jul 01, 2020 10:18 am

can you please confirm that the following form is correct to use for Tier 2 dependent visa extension application. where main applicant has been granted ILR and dependent still not qualify the 5 year route.

https://visas-immigration.service.gov.u ... nt-partner

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CR001
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Re: Spouse visa Extension

Post by CR001 » Wed Jul 01, 2020 10:39 am

Yes, there is only one form for your dependent, provided you got ILR based on 5 years Tier 2.
Char (CR001 not Casa)
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sahidpatel22
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Re: Spouse visa Extension

Post by sahidpatel22 » Wed Jul 01, 2020 6:22 pm

They asking for sponsor license number in the form. I don't have any as I have been granted ILR. can i put my brp or somthing ?

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CR001
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Re: Spouse visa Extension

Post by CR001 » Wed Jul 01, 2020 6:25 pm

sahidpatel22 wrote:
Wed Jul 01, 2020 6:22 pm
They asking for sponsor license number in the form. I don't have any as I have been granted ILR. can i put my brp or somthing ?
You put your last tier 2 sponsor details you had before getting ILR in the form.
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.

sahidpatel22
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Posts: 42
Joined: Tue Aug 01, 2017 12:07 pm

Re: Spouse visa Extension

Post by sahidpatel22 » Wed Jul 01, 2020 6:30 pm

Thank you so much for quick response .
much appriciated.

I am currently filling her form. will post query again if i stuck somewhere

sahidpatel22
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Posts: 42
Joined: Tue Aug 01, 2017 12:07 pm

Re: Spouse visa Extension

Post by sahidpatel22 » Wed Jul 01, 2020 6:36 pm

Asking for my current situation.

Which visa or permission to stay has Mr ********* applied for or been granted?

Tier 2 general was my last visa. currently on ILR

and there are no option to choose ILR. Shall i choose Tier 2 instead ?

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CR001
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Re: Spouse visa Extension

Post by CR001 » Wed Jul 01, 2020 6:51 pm

Choose tier 2 general yes.
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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