Tier1 dependant to ILR 5 YEARS INCOMPLETE

pncbill · Post by **pncbill** » Tue Oct 03, 2017 10:45 am

Hi Guys,
I have an interesting situation.
My wife received her 1st PBS dependant in july 2013 and came into the UK Sept 11 2013.
This lasted till the end of my own tier 1 General in March 2015 where i now obtaned my ILR

Her Tier 1 Dependant VISA was extended and now valid till March 2018 at which time she would have been on the pbs dependant for 4years and 8months and been in the country for 4years and 6months

I am now a British Citizen and i came into the country for my masters in 2006 got PSW 2007-2008, extended it to jan 2010 (i think) then tier1 General.

Can I apply for ILR for my wife in March of 2018?
Will I use the points based Calculator for her based on my TIER 1 General Points based calculator?
OR
Can i apply for her British Citizenship as I am now one?
OR
Do I need to extend her PBS again?

CR001 · Post by **CR001** » Tue Oct 03, 2017 11:05 am

I have an interesting situation.

Neither 'unique' or 'interesting'. Many members have the same questions and situations across the PBS route visas.

Can I apply for ILR for my wife in March of 2018?

No you cannot because she does not have 5 years residence.

Will I use the points based Calculator for her based on my TIER 1 General Points based calculator?

No, she does not require 'points' as she is a dependent visa holder.

Can i apply for her British Citizenship as I am now one?

No, she needs ILR first before she can apply for citizenship.

Do I need to extend her PBS again?

Yes. It will be a 3 year extension and she will have to pay the visa fee and £600 immigration health surcharge. You need to maintain funds.

pncbill · Post by **pncbill** » Tue Oct 03, 2017 11:22 am

CR001 wrote: ↑
Tue Oct 03, 2017 11:05 am

I have an interesting situation.
Neither 'unique' or 'interesting'. Many members have the same questions and situations across the PBS route visas.
Ooops!! I did search obviously not well enough

Can I apply for ILR for my wife in March of 2018?
No you cannot because she does not have 5 years residence.

So can I apply for the ILR in July or in September and would it be the form SET(M)?

Do I need to extend her PBS again?
Yes. It will be a 3 year extension and she will have to pay the visa fee and £600 immigration health surcharge. You need to maintain funds.

Is this Immigration health surcharge paid along when submitting the visa extension application?

Thanks

CR001 · Post by **CR001** » Tue Oct 03, 2017 11:23 am

Yes. You cannot progress the application if it is not paid as you need the reference number.

pncbill · Post by **pncbill** » Tue Oct 03, 2017 12:08 pm

thanks for your help

pncbill · Post by **pncbill** » Tue Feb 13, 2018 9:54 am

Hi
I need to clarify an issue. My wife was given her 1st TIER1 DEPENDANT VISA on July 17th 2013
She entered the UK Sept 11 2013

I had my ILR early 2015 and became a british citizen Sept 2016. My kids are British citizens now

My wife extended her ILR Dependant visa but was given till March 17 2018.
I believe I now need to apply for another extension as she has not completed 5 years

if so which form should I use?

How long would she be given?

Why have they not given her till at least July 2018?

I went to pay the health surcharge. When we did the online calculation on the GOV.UK, it indicated £100 but when we went through the pay process, it came up with £600. Would we be refunded £500?

Thanks

Hola2015 · Post by **Hola2015** » Tue Feb 13, 2018 10:10 am

pncbill wrote: ↑
Tue Feb 13, 2018 9:54 am
Hi
I need to clarify an issue. My wife was given her 1st TIER1 DEPENDANT VISA on July 17th 2013
She entered the UK Sept 11 2013

I had my ILR early 2015 and became a british citizen Sept 2016. My kids are British citizens now

My wife extended her ILR Dependant visa but was given till March 17 2018.
I believe I now need to apply for another extension as she has not completed 5 years

if so which form should I use?if you obtained ILR through Tier 1 general, your wife can extend using Tier 1 dependant form

How long would she be given? not sure but probably another 3 years, more experienced members can comments further on this

Why have they not given her till at least July 2018? This depends on when you made her extension application. Even if she was given till July 2018, she will still be short of about 2 months since she entered the UK in Sept 2013. I think for dependant, their 5 years start from the date the dependant entered the UK and not the date the visa was issue. I stand to be corrected though

I went to pay the health surcharge. When we did the online calculation on the GOV.UK, it indicated £100 but when we went through the pay process, it came up with £600. Would we be refunded £500?

Thanks

pncbill · Post by **pncbill** » Tue Feb 13, 2018 10:48 am

Thanks for the information

Can I use the Partner or Spouse Extension (FLR(M)) to complete the 5years or would that start a whole new process again?

Hola2015 · Post by **Hola2015** » Tue Feb 13, 2018 10:49 am

Hola2015 wrote: ↑
Tue Feb 13, 2018 10:10 am

pncbill wrote: ↑
Tue Feb 13, 2018 9:54 am
Hi
I need to clarify an issue. My wife was given her 1st TIER1 DEPENDANT VISA on July 17th 2013
She entered the UK Sept 11 2013

I had my ILR early 2015 and became a british citizen Sept 2016. My kids are British citizens now

My wife extended her ILR Dependant visa but was given till March 17 2018.
I believe I now need to apply for another extension as she has not completed 5 years

if so which form should I use?if you obtained ILR through Tier 1 general, your wife can extend using Tier 1 dependant form

How long would she be given? not sure but probably another 3 years, more experienced members can comments further on thisI have just read that your dependant will be given another 3 years extension since you are now a British citizen

Why have they not given her till at least July 2018? This depends on when you made her extension application. Even if she was given till July 2018, she will still be short of about 2 months since she entered the UK in Sept 2013. I think for dependant, their 5 years start from the date the dependant entered the UK and not the date the visa was issue. I stand to be corrected though Having read from the forum again, it seems the rule was changed recently to also include dependant, that is your dependant 5 years start from the date they received their visa provided the dependant entered the UK within three months. So you wife should be eligible for ILR 28 days to her initial visa issue date

I went to pay the health surcharge. When we did the online calculation on the GOV.UK, it indicated £100 but when we went through the pay process, it came up with £600. Would we be refunded £500? If you apply for another extension, the dependant will be issued with another 3 years

Thanks

pncbill · Post by **pncbill** » Tue Feb 13, 2018 10:58 am

Thanks for clarifying the information

Can I use the Partner or Spouse Extension (FLR(M)) to complete the 5years or would that start a whole new process again?

CR001 · Post by **CR001** » Tue Feb 13, 2018 11:02 am

pncbill wrote: ↑
Tue Feb 13, 2018 10:58 am
Thanks for clarifying the information

Can I use the Partner or Spouse Extension (FLR(M)) to complete the 5years or would that start a whole new process again?

FLR(M) will reset her clock to zero and a NEW 5 years residence period (2 x 2.5 year visas).

pncbill · Post by **pncbill** » Thu Feb 15, 2018 8:36 am

You said
"Why have they not given her till at least July 2018? This depends on when you made her extension application. Even if she was given till July 2018, she will still be short of about 2 months since she entered the UK in Sept 2013. I think for dependant, their 5 years start from the date the dependant entered the UK and not the date the visa was issue. I stand to be corrected though Having read from the forum again, it seems the rule was changed recently to also include dependant, that is your dependant 5 years start from the date they received their visa provided the dependant entered the UK within three months. So you wife should be eligible for ILR 28 days to her initial visa issue date"
This would mean my wife is still short by 3months as she got her 1st visa in july. Is there any other option other than a TIER1 Extension?

Thanks

CR001 · Post by **CR001** » Thu Feb 15, 2018 8:42 am

Is there any other option other than a TIER1 Extension?

No, not really.

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