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Spouse ILR shortfall of 3 weeks
Posted: Fri Apr 04, 2014 10:40 pm
by jamal80
Hi,
My wife's PBS dependent visa is expiring end of this month and she will have spent 2 years 3rd week June when she will be eligible for ILR application.
Based on she can apply max 28 days before the 2 year anniversary, she will be short of around 3 weeks for ILR application.
What do you think we should do? Apply for ILR and hope for the best or apply for PBS extension just for 3 weeks? However the extension takes around 2-4 months anyway?
Is anyone here in the same boat or already done a similar application?
Re: Spouse ILR shortfall of 3 weeks
Posted: Fri Apr 04, 2014 11:16 pm
by SSWSZ
you can apply ilr 28 days before completion of 2 years
Re: Spouse ILR shortfall of 3 weeks
Posted: Sat Apr 05, 2014 7:57 am
by jamal80
Hi
Many thanks for your reply.
If i apply 28 days before the anniversary her visa will have expired by 3 weeks.
Therefore what should i do for that 3 weeks shortfall?
That is my question. Thanks
Re: Spouse ILR shortfall of 3 weeks
Posted: Sat Apr 05, 2014 10:15 am
by Amber
apply for an extension and then vary to SET(O), I assume you qualified for ILR as a PBS applicant?
B1 English and LIUK required for settlement.
Re: Spouse ILR shortfall of 3 weeks
Posted: Sat Apr 05, 2014 10:44 am
by jamal80
Hi Amber,
Many thanks for your help. Yes I am a PBS migrant who are now settled in the UK
However how do I do this? Any documents or procedures I can look at?
Should not I apply for FLR(m) 1st than vary if possible using Set(m)? Paying the difference in Fee?
Re: Spouse ILR shortfall of 3 weeks
Posted: Sat Apr 05, 2014 11:00 am
by Amber
See
Varying an application at page 36 (click).
No you should not vary to FLR(M) if you applied for ILR as a PBS applicant and you spouse is a PBS dep since before July 2012. Instead, one should apply to extend as a
PBS dep (click) and then vary to SET(O).
Re: Spouse ILR shortfall of 3 weeks
Posted: Sun Apr 06, 2014 1:02 pm
by jamal80
Hi Amber
Many thanks for your helps
I am now looking at the PBS Tier 1 (g) extension form but wondering if my wife applies with this form would not Home Office reject this application on the spot as i am no longer a PBS main applicant?
Re: Spouse ILR shortfall of 3 weeks
Posted: Sun Apr 06, 2014 1:36 pm
by jamal80
jamal80 wrote:Hi Amber
Many thanks for your helps
I am now looking at the PBS Tier 1 (g) extension form but wondering if my wife applies with this form would not Home Office reject this application on the spot as i am no longer a PBS main applicant?
Hi
Looking at the policy guidance of Tier1 extension where on page 9 clause 30 it says if the pbs main applicant has ilr, then we will give 3 years extension.
That means i can apply for the extension with no problems then vary the application
Is there any change for above as there are immigration rule changes from tomorrow?