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Tier 2 PBS Dependent renewal after main applicant gets ILR

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

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rubyracer2
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Tier 2 PBS Dependent renewal after main applicant gets ILR

Post by rubyracer2 » Thu Mar 21, 2019 1:40 pm

Dear gurus,

I had a few questions about the validity and ILR absence rules for 5 year route for a PBS dependent (wife). I have leave to remain till april 2022.

My wife entered the UK in October 2018 and has leave to remain till April 2022 (In line with my visa). If I get my ILR, would my wife's visa get extended till October 2024 (Total 6 years validity), or till April 2025 (three years from the expiry of her current leave).

The reason I ask is that she may have to spend more than 8 months out of the country due to medical reasons. I want to know what's the latest date she can apply from ILR (on the 5 year route) without it being impacted by her exceeding the 180 day absence rule

Thanks in advance

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CR001
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Re: Tier 2 PBS Dependent renewal after main applicant gets ILR

Post by CR001 » Thu Mar 21, 2019 1:44 pm

There is no limit on how many times she can apply for a tier 2 dependent visa extension.

The 6 years max on tier 2 is ONLY relevant to Tier 2 main visa holders and not dependents.

Regardless of when she applies for an extension, it will be for 3 years starting from date of HO decision, i.e. not 'tagged' onto the expiry of current visa.

On the absence issue, see link below and how you would work it out, assuming there are no changes to the immigration rules by the time she might qualify for ILR.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196
Char (CR001 not Casa)
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rubyracer2
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Joined: Tue Mar 15, 2016 7:36 pm
India

Re: Tier 2 PBS Dependent renewal after main applicant gets ILR

Post by rubyracer2 » Thu Mar 21, 2019 1:56 pm

CR001 wrote:
Thu Mar 21, 2019 1:44 pm
There is no limit on how many times she can apply for a tier 2 dependent visa extension.

The 6 years max on tier 2 is ONLY relevant to Tier 2 main visa holders and not dependents.
Thanks so much Char, you are incredibly helpful. :D

Will the 5 year route be open to her as well even if the 6 year max validity is not applicable? E.g If she gets extension in March 2022 (So the new validity period is till March 2025 - three years from the date of decision). at that time, could she apply for ILR based on the 5 year route on a qualifying period over the last five years. Many Thanks!

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Re: Tier 2 PBS Dependent renewal after main applicant gets ILR

Post by CR001 » Thu Mar 21, 2019 1:58 pm

Not sure why you believe the 5 year route might NOT be open to her??

immigration-for-family-members/dependan ... 14832.html

She can apply for ILR at ANY time when and if she qualifies, based on 5 years residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rubyracer2
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Joined: Tue Mar 15, 2016 7:36 pm
India

Re: Tier 2 PBS Dependent renewal after main applicant gets ILR

Post by rubyracer2 » Thu Mar 21, 2019 2:03 pm

CR001 wrote:
Thu Mar 21, 2019 1:58 pm
Not sure why you believe the 5 year route might NOT be open to her??

immigration-for-family-members/dependan ... 14832.html

She can apply for ILR at ANY time when and if she qualifies, based on 5 years residence.
thank you, really appreciate your reply.

I just wanted to confirm that the route is open to her indefinitely :mrgreen:

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