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ILR, Spouse PBS dependent

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

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yh11
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Tier2 to ILR

Post by yh11 » Sat Oct 19, 2019 4:15 pm

HI,
I need some help please.
I am on a 5 year Tier 2 (General) visa from 20/01/2015 to 20/01/2020.
My wife came as PBS Dependent from Pakistan with visa validity from 16/10/2017 to 20/01/2020.

In January 2020 (before expiry of my visa), I am applying for ILR through the priority service. After that I will also apply for my wife for extension (before expiry of her visa).

I have two questions:
- What category would her extension be? Would it be a PBS Dependent or ILR Dependent?
- Is she required to prove knowledge of English Language? (She was NOT required to prove it the first time she applied in October 2017. She does NOT have a UK degree)

Thanks in advance

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Re: Tier2 to ILR

Post by CR001 » Sat Oct 19, 2019 4:21 pm

- What category would her extension be? Would it be a PBS Dependent or ILR Dependent?
PBS dependent. It will be a 3 year extension.
- Is she required to prove knowledge of English Language? (She was NOT required to prove it the first time she applied in October 2017. She does NOT have a UK degree)
No. It will only be required for ilr when she qualifies to apply as well as LIUK.
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ILR, Spouse PBS dependent

Post by yh11 » Wed Nov 06, 2019 8:41 pm

HI,
I need some help please.
I am on a 5 year Tier 2 (General) visa from 20/01/2015 to 20/01/2020.
My wife came as PBS Dependent from Pakistan with visa validity from 16/10/2017 to 20/01/2020.

In January 2020 (before expiry of my visa), I am applying for ILR through the priority service.

I have a question:
- Should my wife also apply at the same time for her extension as i do for ILR? Or should I apply for her after i get outcome of my ILR? I would like to know which way would it be beneficial to do so?

Thanks in advance

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Re: ILR, Spouse PBS dependent

Post by CR001 » Wed Nov 06, 2019 8:49 pm

Either but she must apply for an extension before her visa expires.

Please also keep your questions about dependent visa in one topic, this one, topics now merged.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Thu Nov 07, 2019 8:19 pm

Understood & thank you for your reply & help.

So if she applied with me, would it be through Set (O) Partner section available on my ILR application or would it have to be a separate form for PBS extension?

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Re: ILR, Spouse PBS dependent

Post by CR001 » Thu Nov 07, 2019 8:49 pm

yh11 wrote:
Thu Nov 07, 2019 8:19 pm
So if she applied with me, would it be through Set (O) Partner section available on my ILR application or would it have to be a separate form for PBS extension?
No, she doesn't qualify for set o. She apply on the PBS dependent extension form on her own.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Thu Nov 07, 2019 9:08 pm

Thank you for all your help.

My assumption is that she will need to be filling the PBS dependent extension form (whether she applies with me or after my ILR) & NOT the FLR (M) form. Is that correct?

If she applies at the same time as my ILR application, she would be using my current BRP. Would they not reject her simply because it will be expiring on 20th Jan 2020? Therefore, would it not be beneficial that i get my ILR first & then she can use that as evidence to extend her visa?

On a side note, if i have any questions about my ILR, can i post them here or do i make a new thread?

Thanks in advance.

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Re: ILR, Spouse PBS dependent

Post by CR001 » Thu Nov 07, 2019 9:16 pm

My assumption is that she will need to be filling the PBS dependent extension form (whether she applies with me or after my ILR) & NOT the FLR (M) form. Is that correct?
Correct.
If she applies at the same time as my ILR application, she would be using my current BRP. Would they not reject her simply because it will be expiring on 20th Jan 2020? Therefore, would it not be beneficial that i get my ILR first & then she can use that as evidence to extend her visa?
Her application will be held until yours is decided. If your ilr fails, her extension will also fail.
On a side note, if i have any questions about my ILR, can i post them here or do i make a new thread?
Please ask your ilr questions in a new topic in the ilr sub forum
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Re: ILR, Spouse PBS dependent

Post by yh11 » Sat Nov 16, 2019 10:47 am

Thank you for earlier responses.

While filling her application, she encountered a question about my job if it was in shortage occupation?

My SOC is: 2129 Engineering professionals not elsewhere classified

The Appendix K for 2129 now says: All jobs in this occupation code

My original COS that was assigned to me in 2015 does not mention anything about shortage occupation.

What is it that she has to answer now? She will be submitting form in back end of December.

Thanks in advance

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Re: ILR, Spouse PBS dependent

Post by CR001 » Sat Nov 16, 2019 11:40 am

It is NO as your cos was not a shortage one. Only cos issued/assigned on or after 6th October 2019 are shortage.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Wed Dec 18, 2019 9:06 pm

Is she required to pay her healthcare surcharge as part of her application? If yes, how much would it be?

We also saw this confusing message on the IHS website, What does it mean?

Use this service to:
  • pay the healthcare surcharge (unless you are applying for your visa online or at a UK Premium Service Centre)

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Re: ILR, Spouse PBS dependent

Post by CR001 » Thu Dec 19, 2019 9:21 am

Yes she has to pay IHS. It will be a 3 year visa extension and IHS is payable for 3 years, i.e. £1200.

It is payable as part of the online application form.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Fri Dec 20, 2019 11:40 am

Thank you so much.

I am applying for ILR & she will be extending her visa as PBS dependent for 3 years (thanks to all your help).

1) How much of maintenance funds is required to be showing in her bank account? Would it be only £630 or (£630+£945)

2) If i attach my account alongside hers (she only has close to £800 in her account), would that be okay? Or does it only have to be her personal account?

Many thanks

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Re: ILR, Spouse PBS dependent

Post by CR001 » Fri Dec 20, 2019 11:55 am

1. If you hold ILR or applying for ILR, then only £630.

2. You only need ONE bank account in EITHER of your names showing 90 days of holding £630.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Sun Dec 29, 2019 1:15 pm

Brilliant thanks a lot.

Since her arrival in UK in Nov 2017, we have lived in two addresses.
1st address: Nov 2017 to Feb 2019
2nd address (current address): Feb 2019 onward

If we submit copies of the following documents, would that be okay?

- My passport & BRP (expiring on 20th Jan 2020)
- Her passport & BRP (expiring on 20th Jan 2020)
- 90 days bank statement on her name showing £630 & proof of current address
- Mine & her driving licence as a proof of current address
- Tenancy agreement as a proof of current address
- Water bill as a proof of current address
- Council tax bill as a proof for both addresses
- Any NHS letters as a proof for both addresses

Also does everything above need to be submitted online (as part of application) or sent by post or taken on the day of appointment?

Thanks

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Re: ILR, Spouse PBS dependent

Post by CR001 » Sun Dec 29, 2019 1:27 pm

Have you already applied for ilr?? You can apply within 28 days before 20 Jan 2020.

Cohabitation docs seem fine provided they cover the last 2 years.
Also does everything above need to be submitted online (as part of application) or sent by post or taken on the day of appointment?
Nothing is posted to HO anymore. Everything is uploaded once you have submitted and paid and been directed to book your appointment.

Hopefully you are doing a separate PBS dependent application and not including her on your Set O form?? She can only apply for an extension at the same time as you apply for ILR or the latest, before her visa expires. Unclear if you have applied for ilr as yet or when you are applying etc
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Re: ILR, Spouse PBS dependent

Post by yh11 » Sun Dec 29, 2019 3:24 pm

Yes, she is applying through a separate PBS extension form. No I haven't yet applied for ILR (this is what I was going to ask you). The reason being that I have not yet received documents from my employer due to Christmas break.

Can i apply for ILR without all the documents & then upload them once I receive them later (by about 6th January)? Or do I need to be uploading them at the same time as time of application?

I really wanted to apply the day my 28 day period started but couldn't really proceed without them documents & totally unsure what to do :?

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Re: ILR, Spouse PBS dependent

Post by CR001 » Sun Dec 29, 2019 3:27 pm

Your supporting documents must be dated on or before the date you submit your online application.

Your dependent cannot apply without you applying or before you.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Sun Dec 29, 2019 4:19 pm

Thanks.

Looks like I will now have to wait for those documents. My plan is to apply first as soon as they arrive & then my wife applies the very next moment.

Do we then have to book appointment on same day & time?

Also in case of rejection, do we then have to leave before 20th January? Or would we get some extra time after that?

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Re: ILR, Spouse PBS dependent

Post by CR001 » Sun Dec 29, 2019 4:23 pm

Do we then have to book appointment on same day & time
Her appointment can be after yours, even a couple of weeks after.
Also in case of rejection, do we then have to leave before 20th January? Or would we get some extra time after that?
No extra time. If your ilr fails her extension will fail and if you don't apply for anything else before 20 jan, you must leave by the expiry date of your visas.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Wed Jan 01, 2020 11:09 am

Just to confirm, my visa started on 20th Jan 2015 but my job started on 2nd Feb 2015. So the 28 day application period would count from 20th Jan & not 2nd Feb, correct?

Unfortunately, we can't wait 2 weeks for her appointment as she's heavily pregnant & expected end of this month. Not sure when to proceed with her visa.

Also, do you suggest if she should mention her pregnancy in the covering letter including the expected date?

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Re: ILR, Spouse PBS dependent

Post by CR001 » Wed Jan 01, 2020 11:18 am

Just to confirm, my visa started on 20th Jan 2015 but my job started on 2nd Feb 2015. So the 28 day application period would count from 20th Jan & not 2nd Feb, correct?
This has already been answered. It starts counting from visa ISSUE date.
Unfortunately, we can't wait 2 weeks for her appointment as she's heavily pregnant & expected end of this month. Not sure when to proceed with her visa.
You just apply online before her visa expires. The appointment can be after her visa expiry date.
Also, do you suggest if she should mention her pregnancy in the covering letter including the expected date?
This is irrelevant to her application.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Fri Jan 03, 2020 9:05 pm

Hi,

I submitted my ILR application yesterday. I am going to book appointment soon.

My wife who has been separately filling her PBS - Dependant form cannot make any changes to her application. Its coming with the status 'Completed'. This was done on 15/11/2019. She had stopped at the section 5 of the form when "Pay" appeared for Health surcharge.

Has she already submitted her form? (She HAS NOT received any email about submission). Also she hasn't paid any application fee & of course she hasn't yet paid the Health Surcharge. If the form is not yet submitted then why can't she edit her answers?

And if it's already been submitted, what does she do now that I only applied for ILR yesterday?

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Re: ILR, Spouse PBS dependent

Post by CR001 » Fri Jan 03, 2020 9:10 pm

The form only remains "active" for a certain period. Why did she complete it so early??

She will likely have to start again.
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Re: ILR, Spouse PBS dependent

Post by yh11 » Fri Jan 03, 2020 9:17 pm

Thanks.

1) So would it be through same login details?
2) What happens to the already submitted form? Can this not be cancelled?
3) If we submit a new application form, would that replace the old form?

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