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Tier 2 dependent's visa extension delay

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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peeyush_geo
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Visa extension query

Post by peeyush_geo » Thu Dec 12, 2019 10:37 pm

Hi,
I have a query related to my wife's visa extension application. I got ILR this year on 5 year route. Earlier, I was on Tier 2 PBS visa. My wife was on Tier 2 dependant visa but She didn't lived here continuously. She was moving in and out of UK many times a year. Her visa is soon to expire.
1. For her visa extension, does she has to apply the extension of Tier 2 dependant visa or family visa for the UK settled person (ILR).
2. Which ILR route she will be on, 5 years or 10 years.

Thanks.
Peeyush

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seagul
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Re: Visa extension query

Post by seagul » Fri Dec 13, 2019 2:26 am

peeyush_geo wrote:
Thu Dec 12, 2019 10:37 pm
Hi,
I have a query related to my wife's visa extension application. I got ILR this year on 5 year route. Earlier, I was on Tier 2 PBS visa. My wife was on Tier 2 dependant visa but She didn't lived here continuously. She was moving in and out of UK many times a year. Her visa is soon to expire.
1. For her visa extension, does she has to apply the extension of Tier 2 dependant visa or family visa for the UK settled person (ILR).
2. Which ILR route she will be on, 5 years or 10 years.

Thanks.
Peeyush
1. Yes she can extend her tier 2 dependant visa under same route and complete her 5 years to obtain ILR. Before 11th January 2018 there was no absence limit but any new visa or extension after this date will be subject to 180 days absence limit during any qualifying 12 months period.

2. 5 years. Don't try to switch into family visa FLRM even by mistake as it will reset her ILR clock to zero.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

peeyush_geo
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Re: Visa extension query

Post by peeyush_geo » Sun Dec 15, 2019 9:51 pm

Hi Seagul,
Thanks for the reply.
I have one more query. As it seems my wife will not complete her 5 years for ILR in this extension, she may need another visa extension. Is it possible that she can continue to apply her next visa extension in Tier-2 dependent visa category? I am planning to take British passport next year.

Cheers
Peeyush

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CR001
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Re: Visa extension query

Post by CR001 » Sun Dec 15, 2019 9:53 pm

There is no absence limit for pbs dependents whose visas were issued before 11th January 2018.

There is also not cap of 6 years for dependents, they can apply for many 3 year extensions if they wish.
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peeyush_geo
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Re: Visa extension query

Post by peeyush_geo » Sun Dec 22, 2019 5:50 pm

Hi,
Currently, I am filling the Tier 2 dependant visa extension form. It is asking for COS. As I am on ILR, can my company give me a COS? Is there any other workaround.

Thanks
Peeyush

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seagul
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Re: Visa extension query

Post by seagul » Sun Dec 22, 2019 6:50 pm

peeyush_geo wrote:
Sun Dec 22, 2019 5:50 pm
Hi,
Currently, I am filling the Tier 2 dependant visa extension form. It is asking for COS. As I am on ILR, can my company give me a COS? Is there any other workaround.

Thanks
Peeyush
Leave it blank but if you can't proceed then maybe giving the last latest COS number when you were on tier 2 might work.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Re: Visa extension query

Post by CR001 » Sun Dec 22, 2019 7:52 pm

peeyush_geo wrote:
Sun Dec 22, 2019 5:50 pm
Hi,
Currently, I am filling the Tier 2 dependant visa extension form. It is asking for COS. As I am on ILR, can my company give me a COS? Is there any other workaround.

Thanks
Peeyush
It is asking for the LAST cos details you had before ilr. It is not asking for a new cos from your employer.
Char (CR001 not Casa)
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peeyush_geo
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Re: Visa extension query

Post by peeyush_geo » Sun Dec 22, 2019 11:05 pm

She will need 1 more extension of 1 year after this extension for ILR (completing 5 years). Will this COS still works for the next extension as well. And if I will change the company, in the meantime, then this COS will be invalid?

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CR001
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Re: Visa extension query

Post by CR001 » Mon Dec 23, 2019 5:38 am

PBS extensions are each granted for 3 years. There is no option to choose a one year extension.

Changing employers is irrelevant to her visa extensions.

You simply need to state the cos details of your last tier 2. She is dependent on you and not your employer.

Simply provide the details the form asks for.
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peeyush_geo
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Tier 2 dependent's visa extension delay

Post by peeyush_geo » Mon Jan 20, 2020 2:14 pm

Hi,
I got my ILR last year on Tier 2 general 5 years route. My wife started living in UK from Dec. 2018. My wife's is expiring in 20th Feb 2020. We have applied for extension 3 weeks back. While applying for extension in PBS dependent Tier 2 category, It has asked for my visa expiry and I have given the date mentioned on my ILR BRP. And as per that it has charged us for 5 years NHS and long term visa application fees. We were bit confused but submitted the application. Because we read somewhere that excess fees will be refunded. Later, i found out that visa extension for PBS dependent can only be granted in 3 years term.
Now its 3 weeks since we submitted the application. Everyone I know has their visa extension in within 2 weeks. Even my visa extension was in 6 days. This makes us worried. I have few questions. Please help.

1. Are they going to reject the application. There is no problem with the documents as my company has given a sponsorship letter for my wife. Also submitted, Council tax bill for last 1 years, as well as marriage certificate, her brp and her passport.

2.Is it possible contact visa office and ask if any problem with document or anything which needs clarification.

3. If they take time to give decision and a negative decision arrive after 20th Feb, then what should we do. Do we have to leave the country then reapply from India? or we can appeal while in UK.

4. Will this affect her ILR clock.

Thank You.

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Re: Tier 2 dependent's visa extension delay

Post by CR001 » Mon Jan 20, 2020 3:05 pm

Now its 3 weeks since we submitted the application. Everyone I know has their visa extension in within 2 weeks. Even my visa extension was in 6 days. This makes us worried. I have few questions. Please help.
If you applied using standard service, it is 8 weeks. It would have been useful to ask the IHS question before submitting. You should have put your expiry date as x y 2023 to get the correct IHS for 3 years.
1. Are they going to reject the application. There is no problem with the documents as my company has given a sponsorship letter for my wife. Also submitted, Council tax bill for last 1 years, as well as marriage certificate, her brp and her passport.
Your company is NOT able to sponsor your dependent in ANY way if you hold ILR, not even for maintenance funds if this is what they have done in a 'sponsorship letter'. Only you or your spouse can prove maintenance funds for 90 days in your bank account and must submit 90 days bank statements. Did you submit your bank statements as proof of maintenance funds???
2.Is it possible contact visa office and ask if any problem with document or anything which needs clarification.
Standard service is 8 weeks.
3. If they take time to give decision and a negative decision arrive after 20th Feb, then what should we do. Do we have to leave the country then reapply from India? or we can appeal while in UK.

Why do you believe it will be refused, what reason exactly? The only reason I can guess, is the maintenance funds. There are no appeal rights for PBS route applications.
4. Will this affect her ILR clock.
Unlikely if she reapplies within 14 days.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

peeyush_geo
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Re: Tier 2 dependent's visa extension delay

Post by peeyush_geo » Mon Jan 20, 2020 3:33 pm

Thank You for the quick reply. Just now she got a mail from UKVI.
And you are absolutely correct, they have asked for bank statement as evidence of maintenance.

peeyush_geo
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Re: Tier 2 dependent's visa extension delay

Post by peeyush_geo » Mon Jan 20, 2020 3:40 pm

I hope, now it will be through soon.

Cheers
Peeyush

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