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PBS Extension for minimum duration

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kalven
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PBS Extension for minimum duration

Post by kalven » Mon Jul 16, 2018 9:45 am

Hi
I will have my ILR by end of this year based on 5 years route.My Mrs would be eligible for ILR by end of 2019. However, her current PBS dependant visa would expire on Mid 2019. So how am I expected to extend the PBS visa? Do I still need to do it for another 3 years or is it possible to extend for a years or is there any other ways to work-around because it would be fee + IHS charges for PBS, then after 6 months I will need to pay for the ILR Again

I do not want to take her as ILR dependent as the clock will start again for 5 years.

Please advise

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Re: PBS Extension for minimum duration

Post by CR001 » Mon Jul 16, 2018 9:50 am

So how am I expected to extend the PBS visa? Do I still need to do it for another 3 years or is it possible to extend for a years or is there any other ways to work-around because it would be fee + IHS charges for PBS, then after 6 months I will need to pay for the ILR Again
Yes, it is a 3 years extension and no, you cannot apply for a lesser time limit. The immigration rules Part 8 state that PBS Dependents will get a 3 year extension if applying after the main PBS migrants is granted ILR/BC.
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kalven
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Re: PBS Extension for minimum duration

Post by kalven » Mon Jul 16, 2018 10:00 am

Hello

Thanks for the quick response. This will be very expensive then I guess.

Meanwhile she is Canadian and she was YMS Tier 5 visa for 2 years before PBS, would this be counted? (I heard it does not).

Alternatively if i opt her for ILR dependent, by end of that 5 years would she still need to apply for ILR on her own and then Naturalization or would she be eligible for naturalization by end of 5 years as ILR dependant?

Sorry about too many questions

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Re: PBS Extension for minimum duration

Post by CR001 » Mon Jul 16, 2018 10:02 am

Meanwhile she is Canadian and she was YMS Tier 5 visa for 2 years before PBS, would this be counted? (I heard it does not).
No it does not count for ILR based on 5 years residence.
Alternatively if i opt her for ILR dependent, by end of that 5 years would she still need to apply for ILR on her own and then Naturalization or would she be eligible for naturalization by end of 5 years as ILR dependant?
If you apply and switch to FLR(M) ILR Dependent (it is called a spouse visa not ILR dependent), she will have to stay on that visa category for 5 years, 2 x 2.5 year visas, before she can apply for ILR based on 5 years spouse visa or 10 years long residence if she reaches that first and meets the requirements. To be eligible for citizenship, ILR is mandatory. There are no shortcuts.
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Re: PBS Extension for minimum duration

Post by kalven » Mon Jul 16, 2018 10:10 am

Brilliant Response. Thanks

So the best option would be apply for PBS dependent as extension -> when reached 5 years or more as a PBS dependent, apply for ILR. ****

My daughter is born UK and is under dependent visa now. Hope she would be eligible for Naturalization, when I get the ILR. Please could you advise about the route and FEE for this? My daughter is a Canadian too.

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Re: PBS Extension for minimum duration

Post by CR001 » Mon Jul 16, 2018 10:14 am

So the best option would be apply for PBS dependent as extension -> when reached 5 years or more as a PBS dependent, apply for ILR. ****
Correct.
My daughter is born UK and is under dependent visa now. Hope she would be eligible for Naturalization, when I get the ILR. Please could you advise about the route and FEE for this? My daughter is a Canadian too.
Children are Registered as British, Adults are Naturalised. You should ask citizenship questions in the British citizenship sub forum. Current fee for MN1 registration is £1,033.
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Re: PBS Extension for minimum duration

Post by kalven » Tue Jul 17, 2018 6:33 am

Hi,

I have seen this route. Please advise


My Mrs would have the current PBS dependent for another year from my ILR, within which I would be eligible for BC. In this case, If I become BC before my Mrs current PBS expires, then can I directly apply for her naturalization by 3 years route (she is UK for 7 years in 2 years YMS, 6 months+6 months visitor visa/ Candian passport and 4 years PBS dependent)? This would save a lot. Also If I apply BC/ Naturalization how long should I wait to officially become British? or will I be BC on the same day, if I book a one day service?

This will be very helpful if I can be advised about.

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Re: PBS Extension for minimum duration

Post by CR001 » Tue Jul 17, 2018 7:22 am

She cannot apply for citizenship if she does not hold ILR, there is NO exemptions. However if you are British at the time she gets her ILR, the she can apply for citizenship based on 3 years residence if she meets the requirements and won't need to wait 12 months. If you are not british when she gets ilr, she will have to wait to apply for citizenship.
. Also If I apply BC/ Naturalization how long should I wait to officially become British? or will I be BC on the same day, if I book a one day service?
There is NO one day service for citizenship. Once you apply you have to wait for approval, it can take a few months, sometime many months. You are only British once you have attended your citizenship ceremony after receiving approval.

Kindly ask British citizenship questions in the British citizenship sub forum, further down the main forum page.
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Re: PBS Extension for minimum duration

Post by kalven » Wed Aug 15, 2018 1:38 pm

I am not sure if this is correct news that I heard. When I get my ILR, and decided to get Spouse visa for my Mrs - does it include in the same visa fee that I have paid? or is it a separate fee to be paid?

Eg

ILR visa fee (premium) - £2995.00
Spouse visa - No Fee

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Re: PBS Extension for minimum duration

Post by CR001 » Wed Aug 15, 2018 1:42 pm

Your spouse has to pay the visa fee for her visa extension as PBS Dependent, it is not included in your ILR fee.

You apply for ILR on your OWN on Set(O).

She applies on Tier 2 Dependent Partner extension next year PBS Dependent partner form on her OWN. It will be a 3 year extension. She must also pay IHS.

When she qualifies for ILR, she has to pay whatever the ILR fee is at that time.
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Re: PBS Extension for minimum duration

Post by kalven » Thu Aug 16, 2018 7:06 am

Thank you for that. I understand about the PBS extension. However, if I choose to take as an ILR dependent/ spouse visa (not worrying about the res-start of the visa clock ) rather than extending as PBS, should I still need to pay for het ILR dependant/ spouse visa fee or would that be included in the fee that I pay for my ILR/ if I have to pay for her new visa how much would it be?

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Re: PBS Extension for minimum duration

Post by CR001 » Thu Aug 16, 2018 7:12 am

Whatever you apply for for your spouse, you have to pay a visa fee and IHS.

Your ILR fee is ONLY for your ILR. It does not include anyone else.

Note she will need to meet the English and financial requirements for a spouse dependent visa on form FLR M.

Why would you want to reset her clock to zero when you state she qualifies for ILR end of 2019?? It doesn't make sense to do this as a spouse visa on Flr M is more expensive than extending PBS dependent visa.
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kalven
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Re: PBS Extension for minimum duration

Post by kalven » Fri Aug 17, 2018 9:59 am

Hi Thanks..

That is a nice suggestion and thanks for the feedback. There were many unauthentic sources giving different ideas. This page is the best to get an authentic response and proceed accordingly. Thanks again for that.

Finally, if I apply for Mrs ILR by end of 2019 (where she would have her PBS extended still 2021), would I be getting the IHS charges refunded for the remaining 2 years (£200*£200 = £400)

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Re: PBS Extension for minimum duration

Post by CR001 » Fri Aug 17, 2018 10:01 am

would I be getting the IHS charges refunded for the remaining 2 years (£200*£200 = £400)
Highly unlikely.

https://www.gov.uk/healthcare-immigrati ... on/refunds
You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa
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