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Hello,

My application for an ILR (from a Tier-2 Migrant) has last week been approved. My application for the ILR also included an application for a Dependent (my wife). Unfortunately, my wife's application was refused. We were told that my wife has not been my Dependent in the UK for 5 years. She is about 3 months short of the 5 years required. Hence, we are planning to submit another application for my wife in January 2018.

I'm struggling to determine which form to use for the application? Would it still be the same Set (O) form that we've used for the recent ILR application? But her application now would just be her application alone. Would the Set (O) form still be applicable?

Can I get some advice?

Cheers.

Drouch77

As a PBS dependent, she can only apply on Set(O). She is the main applicant then. Her 5 years residence starts from the date she entered the UK.

Thank you very much for your help.

Cheers.

Drouch77

CR001 wrote: ↑

Mon Oct 02, 2017 9:33 pm

As a PBS dependent, she can only apply on Set(O). She is the main applicant then. Her 5 years residence starts from the date she entered the UK.

Or is it 5 years from the date the first PBS dependant visa was issued ( assuming that the date of visa stamping and date of entry is less than 3 months) minus 28 day?

orthodoc wrote: ↑

Wed Oct 04, 2017 12:14 pm

CR001 wrote: ↑

Mon Oct 02, 2017 9:33 pm

As a PBS dependent, she can only apply on Set(O). She is the main applicant then. Her 5 years residence starts from the date she entered the UK.

Or is it 5 years from the date the first PBS dependant visa was issued ( assuming that the date of visa stamping and date of entry is less than 3 months) minus 28 day?

No it is not from date of visa issue. That concession is ONLY applicable to PBS main visa holders. Dependents residence starts from date of ENTRY to the UK.

Thanks a lot for clarifying that, I was 72 hrs away from an appointment for my dependants. Based on your advice I have postponed it. Saved me 5 grand