Tier 2 Dependent Extension and Maintenance Funds

They did not send guidance notes, only a written reply to my query.

My thoughts are it makes no sense to lose my 5-year status toward ILR (I am two months shy) for missing 3 days of maintenance, after having lived here with my family for 5 years and that any semi-reasonable visa officer will see this. The alternative is borderline insanity.

Guidance notes link below. It does not say anything about 6 months bank statements.

https://assets.publishing.service.gov.u ... 7-2018.pdf

The visa officers follow the immigration rules.

See Immigration Rules Part 8 - Family members of relevant points-based system migrants - 319C

https://www.gov.uk/guidance/immigration ... ly-members

And see Immigration Rules : Appendix E - maintenance (funds) for the family of Relevant Points Based System Migrants

https://www.gov.uk/guidance/immigration ... m-migrants

Thank you Char, I really appreciate all your insight.

However, when I've read through all the guidance I have still not found any mention of extension. Appendix E and 319C speak of joining a PBS Migrant, not already residing in the UK and extending.

The way it was explained to me by the UKVI people (in at least a half-dozen phone conversations) was that extending a Tier 2 Dependent application with a Primary Migrant who now has received ILR is considered by the Immigration rules as if the Tier 2 primary Migrant still has Tier 2 and is extending as well. (In other words, the Dependent is still considered the continuing Dependent of a Tier 2 Migrant).

Therefore since the Primary Migrant would have no maintenance requirement at this stage (only proof of minimum income), the Dependent would not have the maintenance requirement either.

This is where it remains ambiguous.

And of course there's item 83. in the PBS (Dependent) Policy Guidance which states:

83. If you apply separately from the main applicant you will need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements.

In the above, I was instructed that as far as the dependent is concerned, the main applicant is still considered as if they still have PBS Tier 2 even if they now have have ILR.

However, when I've read through all the guidance I have still not found any mention of extension. Appendix E and 319C speak of joining a PBS Migrant, not already residing in the UK and extending.

The call centre is a outsourced third party, who are poorly trained, give frequent incorrect advice and take no responsibility for it.
Not sure why you believe the rules DO NOT refer specifically to an 'extension' when it clearly states on "319C. Requirements for entry clearance or leave to remain', what do you believe 'leave to remain' refers to??

The way it was explained to me by the UKVI people (in at least a half-dozen phone conversations) was that extending a Tier 2 Dependent application with a Primary Migrant who now has received ILR is considered by the Immigration rules as if the Tier 2 primary Migrant still has Tier 2 and is extending as well. (In other words, the Dependent is still considered the continuing Dependent of a Tier 2 Migrant).

Yes, no one is disputing that as the rules clearly allow this scenario and you as the PBS Dependent are still required to meet ALL the requirements for an extension, including maintenance funds for 90 days. Your spouse is not considered a tier 2 general visa holder anymore if they hold ILR and are now free from immigration restrictions.

Therefore since the Primary Migrant would have no maintenance requirement at this stage (only proof of minimum income), the Dependent would not have the maintenance requirement either.

This is where it remains ambiguous.

You are mistaken. You need to provide evidence of 90 days bank statements to prove maintenance, there is no way around this. The primary migrant is irrelevant in this sense as they primary migrant will hold or does hold ILR, so free form any immigration rules around PBS route.

319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
-------
(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

Appendix C for additional information on maintenance funds.

https://www.gov.uk/guidance/immigration ... ance-funds

darklym wrote: ↑

Mon Aug 06, 2018 11:13 am

And of course there's item 83. in the PBS (Dependent) Policy Guidance which states:

83. If you apply separately from the main applicant you will need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements.

In the above, I was instructed that as far as the dependent is concerned, the main applicant is still considered as if they still have PBS Tier 2 even if they now have have ILR.

Yes, and point 100 states the below. Your partner is no longer considered a Tier 2 General migrant if holding ILR. Free to leave his employer as no longer sponsored or bound by the sponsor.

Evidence of certifying maintenance for family members of Tier 2 Migrants
100. If you are making your application at the same time as the Tier 2 Migrant, then A-rated sponsors
are able to certify your maintenance on the Tier 2 Migrant’s Certificate of Sponsorship or by
providing a letter. Your maintenance cannot be certified if your main applicant has indefinite leave
to remain.

Some examples of ILR holder spouses applying for PBS Dependent extensions (Tier 1 and Tier 2) and being refused due to maintenance fund not met.

uk-tier-2-employer-sponsored-visas/tier ... d#p1553014

uk-tier-1-general-dependent-visas/new-f ... 47228.html

Might also be of interest.

uk-tier-1-general-dependent-visas/only- ... 45938.html

Honestly, I can't thank you enough for your detailed explanation and footnotes. You have been a tremendous help.

I'll be in touch as things progress...
David

Thank you guys for this vital information. Am preparing for my tier 2 Dependant visa soon. need all the necessary information.

Just an update for those who are interested:

My visa had a date of expiry of 06 October 2018
I only had 90 days maintenance as of: 09 October 2018

So:

04 Oct 2018 - I submitted online FLR(m) postal application.
04 Oct 2018 - Sent supporting documents to Sheffield via post.
08 Oct 2018 - Registered biometrics
09 Oct 2018 - Submitted online Tier 2 Dependent application (with letter to vary original FLR(m)) with Premium Service Appointment at Sheffield PEO.
17 Oct 2018 Drove from Glasgow to Sheffield to attend early morning Premium Service Appointment - After a couple of hours my application was voided and refunded by visa officer due to new rule: they won't vary an application at PSC (new rule in place since September). Well, it was a pleasant drive through the Pennines.
17 Oct 2018 Submitted new online Tier 2 Dependent postal application (with letter to vary original FLR(m))
18 Oct 2018 Supporting documents sent via post
18 Oct 2018 Registered biometrics

And here I am.
I'll report as things progress.

darklym wrote: ↑

Thu Oct 18, 2018 10:03 pm

Just an update for those who are interested:

My visa had a date of expiry of 06 October 2018
I only had 90 days maintenance as of: 09 October 2018

So:

04 Oct 2018 - I submitted online FLR(m) postal application.
04 Oct 2018 - Sent supporting documents to Sheffield via post.
08 Oct 2018 - Registered biometrics
09 Oct 2018 - Submitted online Tier 2 Dependent application (with letter to vary original FLR(m)) with Premium Service Appointment at Sheffield PEO.
17 Oct 2018 Drove from Glasgow to Sheffield to attend early morning Premium Service Appointment - After a couple of hours my application was voided and refunded by visa officer due to new rule: they won't vary an application at PSC (new rule in place since September). Well, it was a pleasant drive through the Pennines.
17 Oct 2018 Submitted new online Tier 2 Dependent postal application (with letter to vary original FLR(m))
18 Oct 2018 Supporting documents sent via post
18 Oct 2018 Registered biometrics

And here I am.
I'll report as things progress.

Hi,
Did you get an update on your extension?

I just did, thank you for asking. To continue where I left off...:

09 Nov 2018 I received email from Home Office asking which application (FLR(m) or Tier 2) I would like to progress with. I replied Tier 2.
12 Nov 2018 I received an acknowledgement letter via post that the application is in progress
11 Dec 2018 I contacted the Home Office to inquire as to status, since I was in the 8th week of processing
12 Dec 2018 I received a refund for the Tier 2 visa fee in my account (apparently per the rules, only the lower of the two fees paid during a varied application is refunded, so I ended up having to pay the FLR(m) fee (about £400 more) for a Tier 2).
14 Dec 2018 I received an approval letter via courier, along with the supporting documents for the Tier 2 (varied) application, but no passport, as this was in my original FLR(m) application)
15 Dec 2018 I received my Tier 2 BRP card in the post, valid from 12-Dec-2018.

I'm still waiting on my original documents, but I am breathing a sigh of relief since I really did not want to reset my 5 yr ILR clock merely due to missing 3 days of maintenance. This whole affair has been absurd, very costly, and aggravating but I suppose the two lessons learned are that there is no wiggle room whatsoever in immigration law, and that no one really has the direct solution to any of these dilemmas. This board has been of enormous assistance (Char especially, for her breadth of knowledge and detailed replies to my queries), but I was ultimately lost in purgatory until I committed to memory all of the UK immigration law documentation regarding my particular case (and after paying for specialised legal advice to confirm my strategy).

So there it is. I'm happy to assist should there be any further questions.

Very happy for you that it worked out. The devil is always in the detail.

Good luck with your next costly ILR application in 2019.

Hello darklym,

Hope you are doing good.
I am in a similar situation and would like your inputs and assistance with my application.

I look forward to hearingfrom you.

Thanks,
Sachin

Hello darkly,
Glad to learn your Tier 2 got approved. I have a similar but bad scenario.
I was on Tier 2 and got ILR. Now I need to apply for Tier 2 extension for my wife. We have not been maintaining any funds in her account or mine. Reason being I dint had to submit maintenance funds for our earlier tier 2 extensions.

Now I try to fill the application form for her and its asking for maintenance fund proof to be sent.
Her Visa expires mid May 2019.
Not sure if I should apply with a supportingetter quoting point 83 of guidance or apply FLRM which is unfortunate.
Eagerly waiting for a response.
Arif

Hi Arif,
I'm not sure I can give more information that will help you, aside from what has already been posted in this topic. If there are no maintenance funds in your or your wife's accounts, you will most probably be refused a Tier 2 extension, if you already have ILR. Point 83 of the guidance only applies if you still are on Tier 2, but not after you have ILR. I know it seems crazy, but those are the rules. As the expiry date is fast approaching, I would suggest you consult a solicitor who may be able to point you in the right direction. And if you have any specific questions I will do my best to answer them. Best of luck.

Hi darklym,

Iam almost in the same situation as yours as following:
- The expiry date for my wife tier2 visa is 15th June.
- The required maintenance funds is just maintained on our joint account from 21st March so only 86 days until the expiry date.
- I will have the required maintenance funds as the end of the 90 day period would be 19th June 2019.

My question here is, if I applied on 15th June my wife's application will be refused due to insufficient funds so is it possible to apply for a second tier2 extension application after the refusal as I will have completed the 90 days fund ? rather than varying from FLR to tier as you did ?

Thanks,
Hossam