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PBS dependent ILR application while main applicant's ILR being processed

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Andreas4u
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PBS dependent ILR application while main applicant's ILR being processed

Post by Andreas4u » Thu Feb 04, 2021 11:31 pm

Hi all,

I am a PBS dependent (tier 2 general) visa holder and I'll be completing my 5 year period in March 2021. I will be then elligible to apply for ILR. However, the main applicant's (my husband's) application is still in process (just applied) with the UK home office. It may take upto 6 months to get a decision on it. Do i have to wait till he gets his ILR processed before i apply for my ILR? Do you think my ILR application's approval will be depend on the status of the main applicant's ilr status?

Appologies if there are exisiting threads on this. Appreciate if anyone can share their knowledge/experience.

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CULLINAN
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by CULLINAN » Thu Feb 04, 2021 11:39 pm

If your husband applied via the standard route it can take up to 6 months.

Note, you must apply before your current visa expiry irrespective if your husband gets a decision by then or not.

Once you will start the SET(O) online form, choose the correct categories and it will ask your husband’s details also. Your application form will automatically be synced with his application. Also add a cover letter and mention that your husband has applied for ILR.

Your application will only be decided AFTER a decision is made on your husband’s application and will only be successful if his application is successful first. But note, you must apply before your current visa expiry.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Andreas4u
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by Andreas4u » Fri Feb 05, 2021 8:32 am

CULLINAN wrote:
Thu Feb 04, 2021 11:39 pm
If your husband applied via the standard route it can take up to 6 months.

Note, you must apply before your current visa expiry irrespective if your husband gets a decision by then or not.

Once you will start the SET(O) online form, choose the correct categories and it will ask your husband’s details also. Your application form will automatically be synced with his application. Also add a cover letter and mention that your husband has applied for ILR.

Your application will only be decided AFTER a decision is made on your husband’s application and will only be successful if his application is successful first. But note, you must apply before your current visa expiry.
Many thanks for explaining it in detail. I will be applying soon in that case.

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CULLINAN
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by CULLINAN » Fri Feb 05, 2021 10:19 am

You can apply online when you complete 5 years minus 28 days counting from initial visa issue date at the earliest and anytime before current visa expiry at the latest.
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by vinny » Fri Feb 05, 2021 10:24 am

Did your husband apply for ILR under Tier 2 (General) or under Long residence?
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Andreas4u
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by Andreas4u » Fri Feb 05, 2021 12:25 pm

Thanks everyone for your replies and comments.

Yes, my husband applied for ILR under Tier 2 General category.

Additional question, what if my husband withdraws the current application, and re-apply with a priority appointment? He has not submitted the bio-metrics/and other documents yet.

Can any one suggest how long it takes to get a confirmation of ILR application cancellation if we do it through the online link (suggested by Home office customer support). Also, how soon he would be able to re-apply?

The home office customer support was not really great- couldn't clearly answer some of our questions. Wondering if anyone has prior experience in withdrawing ILR and re-applying.

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CULLINAN
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by CULLINAN » Fri Feb 05, 2021 12:43 pm

If your husband has valid leave, he can withdraw application and reapply using Super Priority. As long he withdraws before biometrics, he will get a refund. The confirmation and refund can take some time but dont worry. He can just withdraw and reapply again. No need to wait.

https://www.gov.uk/cancel-visa

Note:

Priority/Super priority is offered by Home Office not UKVCAS. UKVCAS deals with your biometrics and documents submission on behalf of Home Office. For now, there is a lag of 28 days to get a biometrics appointments unless you find an earlier cancellation by luck. SP/priority service time starts after biometrics appointment and is not a guarantee.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Andreas4u
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Re: PBS dependent ILR application while main applicant's ILR being processed

Post by Andreas4u » Fri Feb 05, 2021 3:00 pm

Appreciate the quick response. We have withdrawn the application.

Thanks for your kind support.

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