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PBS dependant leave

Only for UK Tier 1 (General) points system

Tier 1 (General) points calculator | more about Tier 1 (General)

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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naveediiqbal
Senior Member
Posts: 604
Joined: Sat May 26, 2012 4:49 pm
Pakistan

PBS dependant leave

Post by naveediiqbal » Sun Nov 29, 2015 9:31 am

Hi Vinny,

I have a similar situation. I got my wife dependent visa issues for three years expiring on 24 Nov 2018. But as she arrived on 22 Dec 2013. She must be given visa up to 22 Dec 2018 to complete 5 years for ILR. Can you please advise what shall I do? Thanks for your help

vinny
Moderator
Posts: 30402
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR for Tier 1 General before April 2018

Post by vinny » Sun Nov 29, 2015 9:59 am

The restriction shouldn't affect dependants.
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.

naveediiqbal
Senior Member
Posts: 604
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: ILR for Tier 1 General before April 2018

Post by naveediiqbal » Sun Nov 29, 2015 10:13 am

vinny wrote:The restriction shouldn't affect dependants.
Hi Vinny,

I do agree restriction should not restrict dependents but if applicant was allowed period to cover 5 years period then shouldn't they be given so. Due to this I need to apply unnecessarily and incurred application fee and process.

Please advise if indeed be given period to cover 5 years which in this case is 3 years 1month rather then only 3 years. What shall I do. Shall I contact bro team or case worker to ratify this error

vinny
Moderator
Posts: 30402
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR for Tier 1 General before April 2018

Post by vinny » Sun Nov 29, 2015 10:30 am

The period of leave they grant to a PBS partner is subject to 319D(a).
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.

naveediiqbal
Senior Member
Posts: 604
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: ILR for Tier 1 General before April 2018

Post by naveediiqbal » Sun Nov 29, 2015 10:45 am

vinny wrote:The period of leave they grant to a PBS partner is subject to 319D(a).
Vinny Thank again.

It seem you are pointing a relevant point,

I am wondering, why such a contradiction in guidance and immigration rules which is not specifically mentioning main applicant only.

I assume we use the same guidance for dependents as well and this mentioned that the period could be a higher of 3 years or period to complete 5 years.

But again I appreciate your help and guidance from core of my heart.

Regards,

vinny
Moderator
Posts: 30402
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR for Tier 1 General before April 2018

Post by vinny » Sun Nov 29, 2015 11:16 am

Be aware that the Rules trumps the Guidance.
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.

naveediiqbal
Senior Member
Posts: 604
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: ILR for Tier 1 General before April 2018

Post by naveediiqbal » Sun Nov 29, 2015 11:33 am

vinny wrote:Be aware that the Rules trumps the Guidance.
Hi,

Yes that is the fact and I agree to your point of view.

They should also remove confusion arising from guidance.

Thanks again for your time.

Regards

confused456
Newly Registered
Posts: 29
Joined: Tue Jan 15, 2013 4:03 pm

Re: PBS dependant leave

Post by confused456 » Mon Nov 30, 2015 9:40 am

just follow the guidance and rules, i think you have to wait otherwise your application can be rejected and u can lose application money

naveediiqbal
Senior Member
Posts: 604
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: PBS dependant leave

Post by naveediiqbal » Mon Nov 30, 2015 9:47 am

confused456 wrote:just follow the guidance and rules, i think you have to wait otherwise your application can be rejected and u can lose application money
Thanks for your reply. Sorry i dont understand What application we are talking about. Is it tier 1 extension which we did now. Or extension/ ILR to be due in Nov 2018.

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