Urgent: Vary PBS dependent application to ILR dependent (Tier 1 Entrepreneur)

Khanbhai wrote: ↑

Wed Jun 12, 2019 4:48 pm

Hi everyone

I want to vary my wife’s PBS dependent visa application to ILR dependent visa.

We were issued Tier 1 Entrepreneur visa extension in May’ 2017 and that was expired in May’ 2019, I qualified for ILR in August’ 2018 and applied for visa in August’ 2018. In April’ 2019 I applied for PBS dependent visa for my wife and biometrics were done in May’ 2019. All of our visa applications are still in process (nearly 10 months)

Wife’s initial visa was issued in 9 July’ 2014 and she came in UK 3rd August’ 2014.

My questions for senior members are;

1. Can I apply ILR visa for my wife now? does she qualified?

Since 11/06/19

2. What online application form I need?

SET O
3. What wording should I use in covering letter in order to explain we want to vary application to ILR

Exactly that or none really.
Online form will ask if you have a pending application. Only one application is considered at a time and new should be considered a variation.

4. Can we get refund visa fees and IHS payment?

Ext Fee but I doubt IHS payment would be refunded though you could request it as its been a month since ext application.

5. Will that effect our current visa application as those are not decided yet? as our Interview for ILR application is done and dusted this week (that is another story I will explain in different post) ?

What will affect? Spouse will be granted ILR in line with your ILR.

Your answers will help us to move in right direction.

Thanks in advance

Khanbhai wrote: ↑

Thu Jun 13, 2019 5:59 pm

Thanks aman90 for your reply

I mean they have already delayed my ILR application and if they will see we are saving some money they may further give us trouble.

aman90 wrote: ↑

Thu Jun 13, 2019 6:51 pm

Khanbhai wrote: ↑

Thu Jun 13, 2019 5:59 pm

Thanks aman90 for your reply

I mean they have already delayed my ILR application and if they will see we are saving some money they may further give us trouble.

I don’t suppose their imagination is that wild.
Ur spouse is entitled to vary her application.
How are you saving money btw?

CR001 wrote: ↑

Fri Jun 14, 2019 6:02 am

It is no as the most recent leave to remain was issued before 11 January 2018!!

Khanbhai wrote: ↑

Fri Jun 14, 2019 9:39 am

CR001 wrote: ↑

Fri Jun 14, 2019 6:02 am

It is no as the most recent leave to remain was issued before 11 January 2018!!

Thanks CR001

Another question related to the Set o form it ask

Date you first entered the UK


When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started.

03-08-2014

My wife came to UK in 03-08-2014, but the visa was issued on 09/07/2014. will they counts 5 years from 03/08/2014 or 09/07/2014? is she qualified now to apply for ILR? or should I wait till next month. I am bit confused, I do not want to create further problems in our visa applications. And sorry I am asking same question again and again.

Thanks in advance

CR001 wrote: ↑

Fri Jun 14, 2019 9:41 am

Khanbhai wrote: ↑

Fri Jun 14, 2019 9:39 am

CR001 wrote: ↑

Fri Jun 14, 2019 6:02 am

It is no as the most recent leave to remain was issued before 11 January 2018!!

Thanks CR001

Another question related to the Set o form it ask

Date you first entered the UK


When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started.

03-08-2014

My wife came to UK in 03-08-2014, but the visa was issued on 09/07/2014. will they counts 5 years from 03/08/2014 or 09/07/2014? is she qualified now to apply for ILR? or should I wait till next month. I am bit confused, I do not want to create further problems in our visa applications. And sorry I am asking same question again and again.

Thanks in advance

The question clearly asks for date of ENTRY to the UK. It does not ask for 'date of visa grant'. Nothing confusing and not a trick question either.

As has been posted 100s of times on the forum, the residence period starts from date of visa issue for ILR for PBS Dependents.

Surprisingly, HO do actually know the rules!!