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PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 11:33 am
by rk050776
Dear Friends,
You guys have been extremely helpful in getting my ILR few years back, now its the turn of my dependents and its a tricky Situation.
My Wife arrived to UK on PBS Dependent in March 2013 and went to India in June 2014 and stayed there for 9 months. When I applied her extension from India, they have done another Entry Clearance as they can't extend outside of UK. When she traveled back to UK in March 2015 the officer at Manchester Airport stamped her on normal Passport Page with the date of arrival but not on Entry Clearance page as she still have old entry clearance valid.
Later when she goes to vacation during Christmas and arrived back to UK, she got a date stamped on her Entry Clearance Page (Something like she arrived as first time on that visa). Now she is nearly completing her 5 years based on her second entry to UK.
Based on this situation is her continuous period starts from the date of arrival in the UK or based on the date of stamp on Entry Clearance Page? Because there is a gap of 9 months between these two.
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 1:11 pm
by aman90
Why did she apply for a new visa when she already had a valid visa?
You should be fine with the initial entry visa.
She was stamped on the new entry clearance probably coz the previous one expired.
There is no different stamp for a first entry.
There is no absence limit for Pbs dependants for visa issued before jan 2018. As per my understanding she qualified last year
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 1:17 pm
by aman90
5 years- date of issue minus 28 days- not date of entry for pbs dependants.
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 1:20 pm
by rk050776
aman90 wrote: ↑Thu Oct 24, 2019 1:11 pm
Why did she apply for a new visa when she already had a valid visa?
You should be fine with the initial entry visa.
She was stamped on the new entry clearance probably coz the previous one expired.
There is no different stamp for a first entry.
There is no absence limit for Pbs dependants for visa issued before jan 2018. As per my understanding she qualified last year
I have called Home Office and they mentioned that she is not qualified as she got a break of 9 months. Has any one one got a solicitor who can help me in this case?
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 1:30 pm
by CR001
rk050776 wrote: ↑Thu Oct 24, 2019 1:20 pm
I have called Home Office and they mentioned that she is not qualified as she got a break of 9 months. Has any one one got a solicitor who can help me in this case?
Members are not permitted to post names and details of solicitors on the forum.
Have you read the 'Calculating Continuous Residence' document??
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 2:45 pm
by aman90
rk050776 wrote: ↑Thu Oct 24, 2019 1:20 pm
I have called Home Office and they mentioned that she is not qualified as she got a break of 9 months. Has any one one got a solicitor who can help me in this case?
Solicitors and HO are known to give inconsistent advice.
As suggested by CR001.. Read the guidance.
Separate rules for spouse visa and PBS dependant visa start date continuous residence.
I repeat PBS dependant visa continuous period begins from initial visa issue date. Since there is no absence limit for PBS dependants the 9 month absence is disregarded (for visas issued before jan 2018)
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 3:05 pm
by rk050776
aman90 wrote: ↑Thu Oct 24, 2019 1:11 pm
Why did she apply for a new visa when she already had a valid visa?
You should be fine with the initial entry visa.
She was stamped on the new entry clearance probably coz the previous one expired.
There is no different stamp for a first entry.
There is no absence limit for Pbs dependants for visa issued before jan 2018. As per my understanding she qualified last year
Home Office Document says:
For example, if a dependant partner’s qualifying period includes initial leave granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.
Her Entry Clearance granted from 02/03/15 to 30/01/2018 and then she got extended up to 09-01-2021. She arrived UK on this Entry Clearance on 17th April 2015 but the arrival date was stamped on page which is not her Entry Clearance Visa Page. Later when we went to vacation in December and returned back to UK on 27/12/15 she was stamped on Visa page with the date as if she arrived for the first time. Looking at this case, would you still suggest she is eligible for ILR by April 2020?
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 3:26 pm
by aman90
rk050776 wrote: ↑Thu Oct 24, 2019 3:05 pm
aman90 wrote: ↑Thu Oct 24, 2019 1:11 pm
Why did she apply for a new visa when she already had a valid visa?
You should be fine with the initial entry visa.
She was stamped on the new entry clearance probably coz the previous one expired.
There is no different stamp for a first entry.
There is no absence limit for Pbs dependants for visa issued before jan 2018. As per my understanding she qualified last year
Home Office Document says:
For example, if a dependant partner’s qualifying period includes initial leave granted from 1 February 2015 to 31 January 2018, and an extension granted from 1 February 2018 to 31 January 2020, you must not count any absences before 1 February 2018.
Her Entry Clearance granted from 02/03/15 to 30/01/2018 and then she got extended up to 09-01-2021. She arrived UK on this Entry Clearance on 17th April 2015 but the arrival date was stamped on page which is not her Entry Clearance Visa Page. Later when we went to vacation in December and returned back to UK on 27/12/15 she was stamped on Visa page with the date as if she arrived for the first time. Looking at this case, would you still suggest she is eligible for ILR by April 2020?
Yes. She’s been eligible since last year and till her visa expires.
The stamp has no significance.
Please re read my answers!
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 4:08 pm
by rk050776
Thanks Aman,
Finally could you confirm how long do they need to wait for British Passport after ILR? I am the primary applicant and got my British Passport 2 years ago. Do they need to wait for ILR and then one year period to be qualified for British Passport?
Also do I need to show any maintenance fund for each dependant ??
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 4:21 pm
by CR001
Do they need to wait for ILR and then one year period to be qualified for British Passport?
No. It is naturalisation she has to appl for first before she will qualify for a british passport. two separate processes.
Also do I need to show any maintenance fund for each dependant ??
There is NO maintenance fund requirement for ILR.
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 5:12 pm
by aman90
Following up on CR001..Keep in mind a totally different set of rules apply for British citizenship where absences are concerned.
First sort this out and then worry abt the rest.
And use the correct sub forum called British citizenship for the discussion
Re: PBS Dependant - Tricky Situation
Posted: Thu Oct 24, 2019 8:31 pm
by rk050776
Thanks Aman and CR001.
PBS Dependant - ILR Requirements
Posted: Tue Feb 18, 2020 1:26 pm
by rk050776
Dear Friends,
I came to UK in 2011 using PBS system and got my British Passport in 2017. I now have to apply for ILR for my dependents in the next 2 months. Based on this scenario, please could you let me know which Form (SetO or M or something else) and the documents required for my spouse and 2 children? Is there any maintenance fund do I need to maintain for dependants ILR?
Thanks in Advance.
Re: PBS Dependant - ILR Requirements
Posted: Tue Feb 18, 2020 1:38 pm
by CR001
rk050776 wrote: ↑Tue Feb 18, 2020 1:26 pm
Dear Friends,
I came to UK in 2011 using PBS system and got my British Passport in 2017. I now have to apply for ILR for my dependents in the next 2 months. Based on this scenario, please could you let me know which Form (SetO or M or something else) and the documents required for my spouse and 2 children? Is there any maintenance fund do I need to maintain for dependants ILR?
Thanks in Advance.
Topics Merged.
Form SET(O) if she has held a PBS Dependent visa for 5 years.
Passports
BRP
English B1
LIUK test
2 years evidence of cohabitation in both your names
Re: PBS Dependant - Tricky Situation
Posted: Tue Feb 18, 2020 1:38 pm
by CR001
CR001 wrote: ↑Thu Oct 24, 2019 4:21 pm
Do they need to wait for ILR and then one year period to be qualified for British Passport?
No. It is naturalisation she has to appl for first before she will qualify for a british passport. two separate processes.
Also do I need to show any maintenance fund for each dependant ??
There is NO maintenance fund requirement for ILR.
Re: PBS Dependant - ILR Requirements
Posted: Tue Feb 18, 2020 1:41 pm
by rk050776
Thanks for your swift response. For Cohabitation proof, I have the Council tax which is registered on both of our names, would that be enough? If not please suggest me a better one.
Dear Friends,
I came to UK in 2011 using PBS system and got my British Passport in 2017. I now have to apply for ILR for my dependents in the next 2 months. Based on this scenario, please could you let me know which Form (SetO or M or something else) and the documents required for my spouse and 2 children? Is there any maintenance fund do I need to maintain for dependants ILR?
Thanks in Advance.
[/quote]
Topics Merged.
Form SET(O) if she has held a PBS Dependent visa for 5 years.
Passports
BRP
English B1
LIUK test
2 years evidence of cohabitation in both your names
[/quote]
Re: PBS Dependant - ILR Requirements
Posted: Tue Feb 18, 2020 1:53 pm
by CR001
rk050776 wrote: ↑Tue Feb 18, 2020 1:41 pm
Thanks for your swift response. For Cohabitation proof, I have the Council tax which is registered on both of our names, would that be enough? If not please suggest me a better one.
No, you need more than just council tax. You need 3 to 6 items from varying sources covering 2 years, for every 3 to 4 months.
Re: PBS Dependant - ILR Requirements
Posted: Tue Feb 18, 2020 2:24 pm
by rk050776
I have bank statements (on her name), Internet Bills & council tax bills (on both of our names). Please advise what else I need to show?
Re: PBS Dependant - ILR Requirements
Posted: Mon Feb 24, 2020 1:11 pm
by rk050776
Friends,
Please advise some examples to show for Cohabitation proof's for ILR.
ILR Premium Service vs Normal Service
Posted: Wed Sep 23, 2020 2:38 pm
by rk050776
Dear Friends,
I would like to apply ILR for my dependants under PBS Dependants category. I see due to Covid situation premium service or same day service is closed. Any idea when would these services be restored? If I apply through postal could you let me know how long does it take to finish the process?
Thanks
Re: ILR Premium Service vs Normal Service
Posted: Wed Sep 23, 2020 2:46 pm
by CR001
Any idea when would these services be restored?
No.
If I apply through postal could you let me know how long does it take to finish the process?
You cannot apply by post anymore. You apply online and once submitted and paid, you upload all your documents digitally to UKCVAS before your biometric appointment.
Follow the timelines for current waiting times.
indefinite-leave-to-remain/ilr-timeline ... -1560.html
Re: ILR Premium Service vs Normal Service
Posted: Wed Sep 23, 2020 4:24 pm
by zimba
rk050776 wrote: ↑Wed Sep 23, 2020 2:38 pm
Dear Friends,
I would like to apply ILR for my dependants under PBS Dependants category. I see due to Covid situation premium service or same day service is closed. Any idea when would these services be restored? If I apply through postal could you let me know how long does it take to finish the process?
Thanks
This question is now asked every day. There is
ONLY AND ONLY one option:
Standard application applied online
Postal applications do NOT exist.
Priority services may not resume for the time being and NO ONE can tell you when they will come back.