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Converting from PBS to ILR dependent

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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selfserve
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Converting from PBS to ILR dependent

Post by selfserve » Thu Feb 18, 2021 8:35 am

Hi Gurus,

My wife is on PBS dependent and will complete 3 yrs by this April.

Myself granted ILR last year.

So my questions are,

1. can my wife apply for ILR dependent for two year and then, will she eligible for ILR?

2. which visa is suggestable ? ILR dependent or PBS dependent

3. How early can I apply for extension, (her current PBS dependent expires on 24th April 2021)

4. What are the currently timelines for visa approval?

5. Can I apply this extension from India ? (without effecting ILR eligibility)

Thanks in advance

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CR001
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Re: Converting from PBS to ILR dependent

Post by CR001 » Thu Feb 18, 2021 10:00 am

1. No. You cannot combine PBS dependent with ilr dependent to make up 5 years for ilr. You need 5 years was obs depende or 5 years as ilr dependent for ilr. Switching to ilr dependent resets the 5 year ilr clock to zero.

2. PBS dependent, provided you got ilr based in 5 years lbs route and not 10 years long residence route.

3. Anytime before visa expires.

4. Depends what service you pay for, ie standard, priority or super priority.

5. No, an application outside the UK is an entry clearance Application not an extension and as you hold ilr, it would have to be the ilr dependent visa, resetting thebilr clock to zero.
Char (CR001 not Casa)
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selfserve
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Joined: Sat Nov 05, 2016 6:18 pm

Re: Converting from PBS to ILR dependent

Post by selfserve » Thu Feb 18, 2021 11:49 am

Thanks, CR001 for the quick reply.

As I am on ILR, how much funds we need to maintain for PBS dependent visa for my wife and for how long?

Thanks

selfserve
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Posts: 32
Joined: Sat Nov 05, 2016 6:18 pm

Re: Converting from PBS to ILR dependent

Post by selfserve » Thu Feb 18, 2021 12:01 pm

Sorry just googled and got the info that I need to maintain £630 per applicant.

My state is, even if I start maintaining from now, it won't be 3 months to maintain funds before the visa expires

What is the best solution for me now?

(my daughter is a British national, as she was born while I am on ILR), not sure if this info will help in any way to get the best possible solution for me.

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CR001
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Re: Converting from PBS to ILR dependent

Post by CR001 » Thu Feb 18, 2021 12:40 pm

https://www.gov.uk/skilled-worker-visa/ ... d-children
Money they need to support themselves
Your partner and children must have a certain amount of money available to support themselves while they’re in the UK.

You - or your partner or child - will need:

£285 for your partner
£315 for one child
£200 for each additional child

You - or your partner or child - will need to have had the money available for at least 28 days in a row. Day 28 must be within 31 days of you or them applying for this visa.
Char (CR001 not Casa)
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vinny
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Re: Converting from PBS to ILR dependent

Post by vinny » Thu Feb 18, 2021 12:49 pm

selfserve wrote:
Thu Feb 18, 2021 8:35 am
My wife is on PBS dependent and will complete 3 yrs by this April.
Money they need to support themselves
You’ll usually need to show proof of this when they apply, unless either:
  • you have all been in the UK with a valid visa for at least 12 months
  • your employer can cover your family’s costs during your first month in the UK - this must be confirmed on your certificate of sponsorship
If your partner or child is applying at a different time to you, they’ll only need to prove they have enough money to support themselves if they have been in the UK for less than 1 year.
They may not require her to show any maintenance funds for herself.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Converting from PBS to ILR dependent

Post by vinny » Thu Feb 18, 2021 3:05 pm

Financial requirement for a dependent partner or dependent child of a Skilled Worker
SW 33.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

SW 33.2. If the applicant is applying for entry clearance, or has been in the UK for less than 12 months on the date of application, either:
  • (a) the applicant and/or their partner or parent(s) must have funds of at least the amount required in SW 33.3; or
  • (b) the sponsor of the Skilled Worker must certify that they will, if necessary, maintain and accommodate the dependent partner and/or any dependent child as well as the Skilled Worker, up to the end of the first month of each of their grants of permission, to at least the amounts required in SW 33.3.
SW 33.3. The funds required are:
  • (a) £285 for a dependent partner in the UK, or applying for entry clearance; and
  • (b) £315 for the first dependent child in the UK, or applying for entry clearance; and
  • (c) £200 for any other dependent child in the UK, or applying for entry clearance.
SW 33.4. If SW 33.2.(a) applies, the funds held for the applicant must be held in addition to any funds required for the Skilled Worker to meet the financial requirement and any other dependants in the UK or applying at the same time.

SW 33.5. If SW 33.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.
If child is British, then child is not applying.
If the child is not applying, then does mother have to show any maintenance funds for child, who may be under one year old?

The rules are unclear to me.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Converting from PBS to ILR dependent

Post by vinny » Thu Feb 18, 2021 10:47 pm

I think SW 33.1 and SW 33.2 and SW 33.3 specifies the applicant’s requirements.

If child is not an applicant, then none of these requirements applies to child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

selfserve
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Posts: 32
Joined: Sat Nov 05, 2016 6:18 pm

Re: Converting from PBS to ILR dependent

Post by selfserve » Fri Feb 19, 2021 12:28 pm

So I am applying for PBS dependent and funds are required as per the other posts and given links.

Hopefully, this will be my last question

For NHS surcharges they are asking abt the work start and end date. when I try to give details of my previous cos (one which her current dependent visa is granted), it is not acceptable as the work end date is 25/05/2020.

This work end date is only accepting future dates.

Which dates do I need to provide here?

selfserve
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Posts: 32
Joined: Sat Nov 05, 2016 6:18 pm

Re: Converting from PBS to ILR dependent

Post by selfserve » Sun Feb 21, 2021 5:19 pm

Can some one please let me know what dates I need for I provide for IHS charge.

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