PBS DEPENDANT EXTENSION ENQUIRY

PBS Dependant partner application refusal

I applied for ILR as a PBS dependant of a settled spouse and it was refused under 319E.
It appears our interpretation of the years of marriage and years I should have depended
on my spouse is different from that of home office.
Here is my journey so far:

20 september 2010 - came to the UK as tier 4 general student
26 January 2012 - switched to Tier 1 post study visa
09 january 2014 - swtiched to Tier 2 PBS visa
24 march 2016 - switched to PBS dependant visa

I got married in February 2012 and i have been living with my husband since then.
Based on the rule we saw for family members, we should have been living together for atleast 2years if i applied
before 9 july 2012 or 5years if they applied on or after 9th of July 2012.
We have been married for more than 5years. i did try to read up 319E but didnt quite get it.

DO i have any chance if i request for ADMIN REVIEW or i should just go and apply for dependant extension?

When did you apply for ILR and when did you get the refusal?

Which form did you complete for ILR?? Was it form SET(M)??? If yes, were you advised to use this form or did you believe it was correct (which it wasn't)?

CR001 wrote: ↑

Thu May 16, 2019 3:29 pm

When did you apply for ILR and when did you get the refusal

Which form did you complete for ILR?? Was it form SET(M)??? If yes, were you advised to use this form or did you believe it was correct (which it wasn't)?

I applied on the 7th of November 2018 and got a refusal today the 16th of May 2019
I used the SET(O) form

You need 5 years as a PBS dependent visa. You only qualify for ILR in March 2021.

You cannot combine tier 2 main visa time with tier 2 dependent visa to make up 5 years.

Sorry I misread earlier and didn't realise in 2024 you were a main tier 2 visa holder.

CR001 wrote: ↑

Thu May 16, 2019 5:17 pm

You need 5 years as a PBS dependent visa. You only qualify for ILR in March 2021.

You cannot combine tier 2 main visa time with tier 2 dependent visa to make up 5 years.

Sorry I misread earlier and didn't realise in 2024 you were a main tier 2 visa holder.

Thanks for your reply. When a applied, I didnt have the intention of combining my tier 2 with my dependent visa as i read that in the guideline. what i perhaps misread was that having been married for 5years of which the last 2years were as a dependent would suffice and qualify me for ILR. Sadly i have lost time and money.
Do you know if they would refund me at all since i was meant to extend my visa instead of applying for ILR

If ILR is refused, you do not get a refund of the fee.

Has your visa already expired?

Did the refusal letter say anything about 30 months leave to remain and paying IHS etc?

CR001 wrote: ↑

Thu May 16, 2019 5:47 pm

If ILR is refused, you do not get a refund of the fee.

Has your visa already expired?

Did the refusal letter say anything about 30 months leave to remain and paying IHS etc?

Yes my visa has already expired. I applied on the 7th of Nov 2018 and it was due to expire on the 9th of Nov 2018. Refusal letter didn't say anything about 30months or IHS. They only gave reason for refusal and said I am required to complete 5years as a PBS dependant partner and therefore I do not meet paragraph 319E(d). The next steps they gave were 14 calendar days to apply for admin review if I think there has been case working error. They also said if I think I have legitimate reason to remain in the UK, I need to make an application to stay.

If I may ask, what is this 30months you mentioned about?

May i also please ask what effect, if any will this refusal have on my subsequent applications? I am already filling in the online application for tier 2 PBS dependant extension. Is there anything i need to know or take into consideration as a result of this refusal, just want to be forearmed really.

dollypee wrote: ↑

Fri May 17, 2019 12:56 pm

May i also please ask what effect, if any will this refusal have on my subsequent applications? I am already filling in the online application for tier 2 PBS dependant extension. Is there anything i need to know or take into consideration as a result of this refusal, just want to be forearmed really.

Anyone able to advise on my enquiry/fears above please?

I did post a question on the ILR page some days ago but considering i am now looking to continue as a PBS dependant i though i'd ask my question and seek clarification here instead.

To give a bit of a background, i was a PBS dependant for two years and have been married for over 5 years. My partner now has ILR so we thought i was eligible for ILR (married for over 5 and PBS dependant for 2 years plus) and then applied but was REFUSED, reason was that i should be a PBS dependant for 5years before i can qualify for ILR.

Here are my questions:
1. Anyone been in my shoes before and is this just a case of reapplying for PBS dependant extension for 3 years so i can complete 5 years before moving on to ILR?

2. If question 1 is a YES then below are the documents i intend to add for the extension. Is there anything else i should add? I just don't want to risk any more refusal so please any suggestion/guidance will be much appreciated.

a. OLD BRP (this is already with home office anyway as my previous application was refused)
b. Passport
c. Proof of £630 maintenance funds (joint account with my spouse)
d. Utility bill for 2years or more
e. Marriage certificate
f. copy of my spouses passport and BRP card (not sure if this is really part of the list but i will add it anyway)
g. My bank statement

NOTE: I do not qualify for 10year rule until end of next year