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PBS Dependent Leave to Remain under Extension (Tier 1 General)

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avatib
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PBS Dependent Leave to Remain

Post by avatib » Mon Mar 15, 2021 10:33 pm

Hi,

I need help while understanding which form should I use to apply for an extension on PBS Dependent Leave to Remain for spouse? Spouse has already completed three years. I cannot find any link on PBS extension. Please help and suggest.

What is the difference between PBS dependent and Family visas (apply, extend or switch).

Spouse being already on PBS dependent, it would be sensible to extend on PBD dependent only but I cannot find any references on PBD dependent nor any form to apply online for an extension of remaining years to meet 5 years route for an ILR/Settlement.

Many thanks in advance.

Kr

avatib
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PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Mon Mar 15, 2021 11:13 pm

Hi

Home office contact centre advised to apply extension under PBD dependent.

However, I cannot find link to apply online under this category.

Please HELP with your advice and kindly share link to apply online.

Many thanks

Kr

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CR001
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by CR001 » Tue Mar 16, 2021 6:53 am

On what basis did you get ilr, 10 years long residence or 5 years PBS route?

You appear to have applied for British citizenship in 2015. When did your wife apply for a dependent visa?

You also posted that you applied for ilr on form SET M in October 2020. Who was that for?

What visa category does your wife currently hold, what does her BRP card state exactly?
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avatib
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 8:29 am

Hi CR001,

Thanks for the reply.

I am a UK citizen via 5 Year Tier1 General route.

This one is for my wife.

In Octo 2020 I applied SET(M) for my wife believing 2 years from Entry Clearance (2015-2017) and three years on PBS dependent Leave to Remain (2015 - 2020) would make five year to get her ILR. Casework emailed to advised my wife is still falling back a few years under 5 years (60 months route).

1. I would like to understand, is entry clearance not counted towards 5 years ILR route?

2. I have been advised to make fresh application. I believe this would be an extension under PBS dependent Leave to remain? However, I cannot find much info on the home office website. Thankfully, I found below link from this forum but I am not sure if this link for PBS dependent extension is still valid and home office would consider application through this site?

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

(I have part completed the form the Type of visa / application it suggests as: PBS, Start-up, Innovator or Global Talent dependant partner)

3. Instead, If I re-apply through family route extension following below link, my worry is, this would reset number of years to 0 under new family category. Not sure if this is the way forward for PBS dependent leave to remain extensions?

https://www.gov.uk/uk-family-visa/partner-spouse

4. With the link in point 2 (if the link is still active and valid for Home Office applications) I can use same IHS surcharge reference from the year 2017?

Kindly advice way forward please.

Many many Thanks
Avatib

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by CR001 » Tue Mar 16, 2021 8:33 am

What is her exact immigration history, route and all applications and visas applied for an held, including all tleveant dates? It is very difficult to understand what route she is on and which immigration rules apply.

What date did you get ilr and what date did she apply for her first visa and what visa did she apply for?
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 9:04 am

Hi,

I got my UK citizen in year 2015 via Tier 1 General route and my wife has been always dependent to myself in all UK visas she acquired.

Please find below answers for wife.

What is her exact immigration history, route and all applications and visas applied for an held, including all tleveant dates?

"You entered the UK with entry clearance as the spouse of Mr A under the Appendix FM route. This was valid from 20 February 2015 to 20 November 2017

On 14 October 2017 you applied for leave to remain as a Dependant Partner Applying With Relatives under Tier 1. This was granted from 07 December 2017 to 07 December 2020.

On 02 October 2020 applicant applied for indefinite leave to remain as the spouse of Mr A."

Travel history (Wife living since 2008 in the UK)

8 January 2013 to 3 September 2013 (In India)
27 January 2014 to 24 April 2015 (In India) Wife obtained New Entry Clearance in between from India
30 June 2015 to 1 November 2015 (In India)
24 January 2016 to July 2016 (In India)
18 April 2017 to 26 June 2017 (In India)
28 January 2018 to August 2018 (In India)
19 June 2019 to 1 September 2020 (In India)

What date did you get ilr and what date did she apply for her first visa and what visa did she apply for?

I am living in the UK since 2004. I was on student visa up until 2007 th en post study then HSMP (then). I got my ILR in year 2014. Very first UK visa wife applied for her visa in year Aug 2008. I think her new entry clearance has been obtained in year 2015 and application towards ILR will be counted from 2015.

I look forward to you advice.

Thanks
A

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by vinny » Tue Mar 16, 2021 10:52 am

She didn’t qualify for SET(M), unless she had extended on FLR(M) in Oct 2017. Why didn’t she apply for SET(O) as a PBS dependant?

Unfortunately, it may be too late now, as they have apparently removed the route to ILR for Tier 1 (General) dependants. This seems to leave her with no choice except to switch to FLR(M), resetting her qualifying period for SET(M).
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 11:47 am

Hi Vinny,

Wife is currently as per in her BRP card is on PBS dependent Leave to Remain. I guess this is what you mean by SETO as a PBS dependent?

What option has she got with an extension under Family visa?

Please advice.

Kr
A

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by vinny » Tue Mar 16, 2021 11:53 am

avatib wrote:
Tue Mar 16, 2021 11:47 am
Wife is currently as per in her BRP card is on PBS dependent Leave to Remain. I guess this is what you mean by SETO as a PBS dependent?
Yes.
avatib wrote:
Tue Mar 16, 2021 11:47 am
What option has she got with an extension under Family visa?
Similar to her initial spouse visa in 2015. Apply as a partner or spouse.
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.
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 12:00 pm

Thanks Vinny.

What are your advice and thoughts if I apply under PBS dependent extension following below link?

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

This link has also got references to IHS Surcharge which I paid in 2017 and been advised to use the same IHS reference when it comes to renewal.

Thanks
A

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by vinny » Tue Mar 16, 2021 12:08 pm

I think another member may have a similar problem with the changes in the rules.

I’m unsure if an ILR application will succeed or fail?
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by vinny » Tue Mar 16, 2021 12:17 pm

Before the changes, I think ILR may have been possible.
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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 2:49 pm

Hi Vinny,

Home office has not yet made any decision and advised on making a new application.

I am not sure which application to make moving forward without resetting existing years on PBD dependent?

I am also not sure of any extension in PBD dependent route is possible or all closed?

Or a new application under new visa route (Family visa route) is the only option for wife way forward? I believe this will reset to 0?

Pls advice.

Thanks
A

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by avatib » Tue Mar 16, 2021 4:34 pm

Hi,

Please if someone can confirm below link is still valid to apply for PBS Dependent extension under tier 1.

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

I see 'Apply Now' is active and green.

I have also filled up the form up until payment page and it seems to be moving forward to accept payment too.

From 2017 to 2020 my wife has been on PBS Dependent Leave to Remain. Now time to extend and I believe this would the link to apply under without resetting number of years already in the UK under this category (PBS dependent).

Type of visa / application is: PBS, Start-up, Innovator or Global Talent dependent partner.

Please help by reviewing the situation and confirming the authenticity of the above link.

Thanks
A

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Re: PBS Dependent Leave to Remain under Extension (Tier 1 General)

Post by vinny » Sun Mar 21, 2021 4:58 am

vinny wrote:
Tue Mar 16, 2021 12:17 pm
Before the changes, I think ILR may have been possible.
If she satisfied the previous rules, then perhaps try an ILR application. Rely on legitimate expectations? Else, switch back under Appendix FM - unfortunately, resetting qualifying period?
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.

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