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PBS Dependants

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kul
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Posts: 3
Joined: Fri Jul 24, 2020 4:06 pm

PBS Dependants

Post by kul » Fri Jul 24, 2020 4:55 pm

Hi All,

Please clarify below query related to ILR apply.

My husband is eligible to apply ILR in 18/02/2021 i.e 28 days prior to his Visa end date thru Tier 2 General Route. His Issue date: March 15th, 2016 ; End Date : April 17th, 2021.

The question I have is
Myself & Kids (under 16) are on Tier 2 PBS Dependant's Visa.
issue date is May 11th, 2016 until April 17th, 2021 i.e 4 yrs 11 months and 6 days Visa given.
Enter to UK on May 23rd, 2016

1. Are we are eligible to submit ILR application and take biometrics later i.e 28 days prior to 5 yrs along with my husband ILR application on the same time on 18/02/2021 (or) Have to apply separately for dependants once my husband get ILR?

Thanks,

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: PBS Dependants

Post by CULLINAN » Fri Jul 24, 2020 6:22 pm

kul wrote:
Fri Jul 24, 2020 4:55 pm
Hi All,

Please clarify below query related to ILR apply.

My husband is eligible to apply ILR in 18/02/2021 i.e 28 days prior to his Visa end date thru Tier 2 General Route. His Issue date: March 15th, 2016 ; End Date : April 17th, 2021.

The question I have is
Myself & Kids (under 16) are on Tier 2 PBS Dependant's Visa.
issue date is May 11th, 2016 until April 17th, 2021 i.e 4 yrs 11 months and 6 days Visa given.
Enter to UK on May 23rd, 2016

1. Are we are eligible to submit ILR application and take biometrics later i.e 28 days prior to 5 yrs along with my husband ILR application on the same time on 18/02/2021 (or) Have to apply separately for dependants once my husband get ILR?

Thanks,
Your husband will apply when he qualifies. You can not apply with him if he applies in Feb.

You will only apply when you qualify. You can apply and join your husband’s application later on when you are eligible.

It does not matter if your husband already had a decision or not, you must apply when you qualify i.e. 28 days before the 5th anniversary from visa issue date.

You all can apply together in April if your husband wants to wait.

P.S If you apply in Feb along with your husband and book appointment only after you are eligible, CW should/can apply discretion if the decision is made on the day when you qualify. Personally I do not like to risk such things. The date of application is when you pay and submit online.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

kul
Newly Registered
Posts: 3
Joined: Fri Jul 24, 2020 4:06 pm

Re: PBS Dependants

Post by kul » Sat Aug 01, 2020 9:38 pm

Thanks for your response,

When do I qualify i.e. 28 days before the 5th anniversary from visa issue date based on below visa ?

Visa issue date is May 11th, 2016 until April 17th, 2021 i.e 4 yrs 11 months and 6 days Visa given.

Am i eligible on April 15th 2021 to apply ILR ? 3 days window period is enough to apply ILR?
(or)
Do I have to apply PBS Dep Extension Visa due to 3 weeks shortage ?

Please clarify.

Regards,
kul

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CR001
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Posts: 86957
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: PBS Dependants

Post by CR001 » Sat Aug 01, 2020 9:44 pm

When do I qualify i.e. 28 days before the 5th anniversary from visa issue date based on below visa ?

Visa issue date is May 11th, 2016 until April 17th, 2021 i.e 4 yrs 11 months and 6 days Visa given.
Yes, if that is within 28 days before 5th anniversary of visa issue date.
Am i eligible on April 15th 2021 to apply ILR ? 3 days window period is enough to apply ILR?
Date of application is the date you submit and pay online, which must be before your visa expiry date.
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.

kul
Newly Registered
Posts: 3
Joined: Fri Jul 24, 2020 4:06 pm

Re: PBS Dependants

Post by kul » Thu Oct 01, 2020 6:15 pm

Hi,

For Kids Age (16 yrs & 6 yrs) should also have continuous period of stay 5 years required to be eligible to apply ILR under PBS dependents or Do they eligible to apply along with my husband ILR application even if they don't complete 5 years of stay in U.K ?

Which form do i have to consider if i apply separate (currently PBS Dependant) not with my husband application & if his application decision is already declared by that time. is it still set (o) only or set (m) .

thanks for your reply,

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CR001
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Posts: 86957
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: PBS Dependants

Post by CR001 » Thu Oct 01, 2020 6:24 pm

For Kids Age (16 yrs & 6 yrs) should also have continuous period of stay 5 years required to be eligible to apply ILR under PBS dependents or Do they eligible to apply along with my husband ILR application even if they don't complete 5 years of stay in U.K ?
No, there is no minimum residence for children. They cannot apply with your husband. They must apply when you apply.
Which form do i have to consider if i apply separate (currently PBS Dependant) not with my husband application & if his application decision is already declared by that time. is it still set (o) only or set (m) .
Set(O), one for for you and the children when you qualify.
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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