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ILR or BC for Tier 1 dependant

Posted: Fri May 26, 2017 9:34 pm
by wins7031
Hello moderators

Could you kindly assist with my query?

I currently hold BC via the Tier 1 General route. My wife will complete her 5 year term under Tier 1 PBS dependant visa by end of Sept 2017.

Given my current nationality status, is the next step for her ILR or can she directly go for BC? If its ILR, does she have to furnish bank statements and income proof's? We didnt require this at both Tier 1 visa stages but want to check with the current rules

Do kindly advise

Many thanks
Wins

Re: ILR or BC for Tier 1 dependant

Posted: Fri May 26, 2017 10:55 pm
by Zimba
ILR first. 3 months wage slips and corresponding bank statements. Cohabitation proof
You can apply for BC after your ILR is granted.

Re: ILR or BC for Tier 1 dependant

Posted: Fri May 26, 2017 11:21 pm
by wins7031
@zimba88, many thanks. Is there a requirement for a minimum account balance within the bank statements?

I assume the form is Set O and there is no need for paying the health surcharge?

Re: ILR or BC for Tier 1 dependant

Posted: Sat May 27, 2017 2:23 am
by Zimba
SET(O) form, provide finances evidence as you declare on the form (3 months). No need to pay IHS for ILR

Re: ILR or BC for Tier 1 dependant

Posted: Sat May 27, 2017 7:01 am
by marcnath
wins7031 wrote:
I currently hold BC via the Tier 1 General route. My wife will complete her 5 year term under Tier 1 PBS dependant visa by end of Sept 2017.
When was the application for her Visa made.

If the date of application was before 09 July 2012, then she is already eligible to ILR
===
You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

=====

Re: ILR or BC for Tier 1 dependant

Posted: Sat May 27, 2017 10:14 am
by wins7031
Thanks again. So evidence of finance would suffice but to clarify, no need for minimum account balance

ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 7:25 pm
by wins7031
Hello moderators

My wife's PBS Dependant to ILR application is around the corner. Her present visa expires on 29.9.17. How soon can I request a premium appointment? Do I have to wait till the above date or can I apply earlier?

Also, is there a need to have a minimum balance in your 3 month bank statements?

Look forward to hearing from you

Regards
Wins

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 7:31 pm
by CR001
On what date did she enter the UK on her PBS dependent visa?

Re your funds question, you have asked this more than once in different topics and been given the answer.

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 7:42 pm
by wins7031
Her initial PBS Dependant visa was stamped from 01.11.12

Re: funds, yes I have asked in a number of previous posts but if you notice further, no one has replied to them

Would you be able to kindly?

Re: ILR or BC for Tier 1 dependant

Posted: Sun Jul 09, 2017 7:44 pm
by CR001
Really, zimba88 stated what you need. No mention of maintenance funds.
zimba88 wrote:ILR first. 3 months wage slips and corresponding bank statements. Cohabitation proof
You can apply for BC after your ILR is granted.
I asked what date she ENTERED the UK, not the visa stamp date? Do you mean stamped 1.11.2012 ENTRY to the UK?

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:17 pm
by wins7031
entered 18.11.12

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:20 pm
by CR001
wins7031 wrote:entered 18.11.12
She cannot apply any sooner than within 28 days of 18 November 2017. So no sooner than 21 October 2017.

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:24 pm
by wins7031
Thanks, although as I mentioned above, her present visa in her 2+3 PBS journey expires on 29.9.17!

First visa stamped for 1.11.12 - 17.9.14

Second visa stamped for 29.9.14 - 29.9.17

Is there going to be a problem or am I overthinking it now?

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:31 pm
by CR001
Yes, she is short of 18/19 days for 5 years to qualify for ILR.

For PBS Dependents, it is the date of entry to the UK that starts the residence clock not the date of visa stamping/issue.

Was her second visa an extension application within the UK or an application from abroad?

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:34 pm
by wins7031
The second visa was an extension stamped in the UK

So would the case worker reject an application for this shortage or have there been instances in your experience where people have got through? If not, what are our options?

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:37 pm
by CR001
Yes they would because she doesn't meet the 5 years residence requirement.

You will likely have to apply for a PBS extension then apply to vary it to ILR.

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:40 pm
by wins7031
Ohh no!! Would there be any use hiring a solicitor for this?

For PBS extension, Is it VAF10?

Re: ILR, how soon can you apply for premium appt

Posted: Sun Jul 09, 2017 9:49 pm
by CR001
Nope, a solicitor won't make any difference and has no sway with HO.

Trust me, you are not alone in this, many members have had to do this to cover a shortage.

No, VAF10 is for applications outside the UK.

For applications within the UK, see link below.

https://www.gov.uk/government/publicati ... -dependant

She will also have to pay the £600 immigration health surcharge PLUS the visa fee.

You will have to show evidence of maintenance funds.

Re: ILR, how soon can you apply for premium appt

Posted: Mon Jul 10, 2017 3:52 pm
by wins7031
Hi CR001

Reading some past posts, I came across the below that suggest that given the short duration to fully qualifying, might be worth exploring the postal route.

Conscious this post is roughly 3-4 years old. What do you think?

indefinite-leave-to-remain/10-years-ilr ... t#p1297718