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ILR Eligibility - PBS Tier 2 Dependant route

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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gauravdadu28
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ILR Eligibility - PBS Tier 2 Dependant route

Post by gauravdadu28 » Mon Oct 12, 2020 6:07 pm

Hi - Kindly guide
I am a PBS Tier 2 dependant visa holder and have been in UK since 2011
My husband got ILR and then British Citizenship in 2015

my latest PBS T2 dependant visa was issued in Oct 2017 and is expiring in Nov 2020 , so I want to apply for ILR (SET O )

I am confused if 180 days rule will affect me if I apply ILR today as I have 1 excessive absence if I count 5 year in past ?

Absences :
March 2019 to May 2019 - 70 days
Dec 2017 to March 2018 - 90 days
---
----
Dec 2015 to Sep 2016 - 300 days

I am wondering if considering Jan 2018 rules , as I am the PBS dependant and not main applicant - will my excess absence in 2016 affect my ILR eligibility ?

pls. guide .

srsw
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by srsw » Mon Oct 12, 2020 6:22 pm

I think your should be ok (I've read on this forum but double check anyway). In my form my spouse absences from the UK were only asked which were after 2018.

Start the draft application and it will be clarify a lot of your questions.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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CULLINAN
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by CULLINAN » Mon Oct 12, 2020 6:26 pm

gauravdadu28 wrote:
Mon Oct 12, 2020 6:07 pm
Hi - Kindly guide
I am a PBS Tier 2 dependant visa holder and have been in UK since 2011
My husband got ILR and then British Citizenship in 2015

my latest PBS T2 dependant visa was issued in Oct 2017 and is expiring in Nov 2020 , so I want to apply for ILR (SET O )

I am confused if 180 days rule will affect me if I apply ILR today as I have 1 excessive absence if I count 5 year in past ?

Absences :
March 2019 to May 2019 - 70 days
Dec 2017 to March 2018 - 90 days
---
----
Dec 2015 to Sep 2016 - 300 days

I am wondering if considering Jan 2018 rules , as I am the PBS dependant and not main applicant - will my excess absence in 2016 affect my ILR eligibility ?

pls. guide .
PBS dependents are exempt from absences if the last leave was granted before 11th Jan 2018. You have no absence limit.

Also, how did your husband get ILR? Via Tier 2 route?
When did you get your initial visa as your husband was British in 2015?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

gauravdadu28
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by gauravdadu28 » Mon Oct 12, 2020 10:57 pm

Hi Cullinan - Thanks for reply .

Yes my husband got ILR via Tier 2 ICT 5 years route

I got first visa as PBS dependant for 1 year in 2014 when husband was granted ILR , then I extended in same PBS dependant category in 2015 when husband was on British Passport.

Again extended in Oct 2017 in same category which expires now in Nov 2020

pls guide.

gauravdadu28
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by gauravdadu28 » Mon Oct 12, 2020 11:01 pm

srsw wrote:
Mon Oct 12, 2020 6:22 pm
I think your should be ok (I've read on this forum but double check anyway). In my form my spouse absences from the UK were only asked which were after 2018.

Start the draft application and it will be clarify a lot of your questions.

Thanks for reply , can I check that this will be a SET O application , and also pls can you advise when your spouse's most recent visa was issued as PBS dependant , I understand that is also a factor in determining if 2018 rule applies ? My latest visa was granted in Oct 2017.

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CULLINAN
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by CULLINAN » Tue Oct 13, 2020 12:15 am

SET(O). You have no absence limit since your last leave was granted before 11th Jan 2018 and you do not need to declare any in the online form either.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

srsw
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by srsw » Tue Oct 13, 2020 6:23 am

...also pls can you advise when your spouse's most recent visa was issued as PBS dependant , I understand that is also a factor in determining if 2018 rule applies ? My latest visa was granted in Oct 2017.
Yes, her most recent visa was issued in Nov 2018.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

gauravdadu28
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by gauravdadu28 » Tue Oct 13, 2020 5:53 pm

CULLINAN wrote:
Tue Oct 13, 2020 12:15 am
SET(O). You have no absence limit since your last leave was granted before 11th Jan 2018 and you do not need to declare any in the online form either.

Hi - Thank you for your help.
so for question - ''Does the period of stay on which this application was based include any leave granted since 11 January 2018? '' I am selecting NO '
and then it does not ask for any absence details

Also another related question is that for Life in the UK Test I am not getting any appointments before end of November which will be after my application submission

so for question - 'Have you passed Life in the UK test' - I mentioned NO , then second question
Are you claiming exemption from this requirement because a physical or other condition prevents you from taking the Life in the UK test - Again I select NO , It does not ask any further questions ! so how would I mention that I want to take test but there are no dates available till end of November

I need to submit application before 20 Nov 2020 as its my current Visa expiry date

kindly guide.

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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by zimba » Tue Oct 13, 2020 5:55 pm

PBS dependants do NOT have any absence limit unless for a visa period issued after 11 Jan 2018. So no absence dates are asked. You must answer yes to LIUK. Book your appointment later
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CULLINAN
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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by CULLINAN » Tue Oct 13, 2020 5:59 pm

Apply before expiry. Select Yes to LIUK and provide “111111” as a reference to bypass the question. Add a cover letter and explain the situation. Book your biometrics only after LIUK test. You will have 2 months after date of application to submit biometrics. Add cover letter and LIUK reference along with other documents before biometrics.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

gauravdadu28
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ILR - PBS T2 Dependant route NARIC Requirement

Post by gauravdadu28 » Mon Oct 19, 2020 10:19 am

Hi - Pls advise

I am applying as PBS T2 dependant 5 year route , my husband is British citizen now.
I have Information & technology engineering degree from India.

I also have a PBS calculator Online print out from UKBA site from 2014 (which my husband used in 2014 for his ILR as we both studied in same Uni.) to show that my university degree is ok as per UK standards

Do I need to still get my degree certified by NARIC ?

if Yes I logged in to to UK NARIC site - Visa and Nationality section , filled in Tier 2 , and Intra company transfer long term staff route (as it does not have PBS dependant route in dropdown list) - It wont let me register and says you do not need Visa and Nationality services for chosen immigration category.

Confused !
Pls help

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Re: ILR Eligibility - PBS Tier 2 Dependant route

Post by CR001 » Mon Oct 19, 2020 10:33 am

I also have a PBS calculator Online print out from UKBA site from 2014 (which my husband used in 2014 for his ILR as we both studied in same Uni.) to show that my university degree is ok as per UK standards
Irrelevant and no longer applicable. The PBS calculator was withdrawn a long time ago. As you never had to prove English requirement for your tier 2 dependent visa, the PBS calculator doesn't apply to you.
Do I need to still get my degree certified by NARIC ?
Yes, UKVI Red Route NARIC English AND comparable assessment.
if Yes I logged in to to UK NARIC site - Visa and Nationality section , filled in Tier 2 , and Intra company transfer long term staff route (as it does not have PBS dependant route in dropdown list) - It wont let me register and says you do not need Visa and Nationality services for chosen immigration category.
You need to select Settlement or ILR.
Char (CR001 not Casa)
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