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short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 2:47 pm
by babusek
Hi, hope all are fine!! my partner is short of 4 months to complete her stay in UK as 5 years with PBS dependent visa.Can someone guide us, is she eligible to apply for ILR application, or only extension of PBS dependent is the only saviour here?
Dates are like below.
BRP issued : 22 - June - 2016
Arrival Date to UK : 08 - August - 2016
BRP valid till Date: 24 - March - 2020
Shortages:
From BRP Issue - 3 months 27 Days
From Arrival Date - 4 months 13 Days.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 3:26 pm
by srsw
You could apply for extension just before a day or two BRP expiry date and book biometrics as late as possible (45 days / 2 months I believe.. double check once).
If she doesn't receive approval by her ILR eligibility date then you can vary application to ILR.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 3:41 pm
by zimba
babusek wrote: ↑Wed Dec 30, 2020 2:47 pm
Hi, hope all are fine!! my partner is short of 4 months to complete her stay in UK as 5 years with PBS dependent visa.Can someone guide us, is she eligible to apply for ILR application, or only extension of PBS dependent is the only saviour here?
Dates are like below.
BRP issued :
22 - June - 2016
Arrival Date to UK :
08 - August - 2016
BRP valid till Date:
24 - March - 2020
Shortages:
From BRP Issue -
3 months 27 Days
From Arrival Date -
4 months 13 Days.
I assume the BRP validity is till 24 March
2021 ?!
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 4:08 pm
by babusek
yes, you are right 24 March 2021. thanks for the correction
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 4:14 pm
by babusek
@srsw. Can I apply an PBS dependent extension only for 1 year? Since applying an ILR with shortage of 4 months not gonna make it!! I prefer 1 year extn because it could save from IHS fee's.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 4:16 pm
by CR001
babusek wrote: ↑Wed Dec 30, 2020 4:14 pm
@srsw. Can I apply an PBS dependent extension only for 1 year? Since applying an ILR with shortage of 4 months not gonna make it!! I prefer 1 year extn because it could save from IHS fee's.
If you hold ilr, a PBS dependent extension is granted for 3 years. You cannot choose a lesser valid time.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 6:29 pm
by babusek
I understand, I am kind of decided on this query.
Step1 : Just before the BR expire date, make an application for PBS extension, let it get approved for 3 years.
Step 2: Once I got an ILR, by the time she finished the 4 months eligible for ILR. I make an another ILR application.
With this approach. I hope IHS for remaining 2 years will get refunded !!. am I correct?
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 6:47 pm
by CR001
IHS is not refunded if a person applies for ilr. This is clearly stated on the official website.
Suggest follow the advice about varying you have already been given.
srsw wrote: ↑Wed Dec 30, 2020 3:26 pm
You could apply for extension just before a day or two BRP expiry date and book biometrics as late as possible (45 days / 2 months I believe.. double check once).
If she doesn't receive approval by her ILR eligibility date then you can vary application to ILR.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 6:48 pm
by srsw
Possible steps:
1. You apply for your ILR when you reach eligibility date.
2. Apply for PBS dependent extension for your wife (as adviced previously).
3. Assuming your wife PBS dependent application is not decided but she reaches ILR eligibility date, then submit new ILR application for her (this is called varying as she still has pending application with ukvi). In this case you'll get IHS & PBS visa fee refund once she gets ILR.
At this stage even if you don't receive your ILR decision that's fine.
If her PBS dependent extension is approved, then you won't get any refund. You'll have 3 years time to apply for her ILR, but you can apply once she reaches eligibility date. Hopefully, step 3 is what we can expect based on current timelines but you never know.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 8:45 pm
by babusek
Thankq all.. I follow this on my wife app. Just an another question's.
1) My Elder son is of age
5 born outside UK, and have the same timeliness like my Wife.
Do i need to follow the same for him as well.
2) Younger son born here in UK age of
1 year 3 months.
Both are holding
PBS dependent visa and expire dates
24 - March - 2021.
Can you suggest what is the best approach for these little ones?
srsw wrote: ↑Wed Dec 30, 2020 6:48 pm
Possible steps:
1. You apply for your ILR when you reach eligibility date.
2. Apply for PBS dependent extension for your wife (as adviced previously).
3. Assuming your wife PBS dependent application is not decided but she reaches ILR eligibility date, then submit new ILR application for her (this is called varying as she still has pending application with ukvi). In this case you'll get IHS & PBS visa fee refund once she gets ILR.
At this stage even if you don't receive your ILR decision that's fine.
If her PBS dependent extension is approved, then you won't get any refund. You'll have 3 years time to apply for her ILR, but you can apply once she reaches eligibility date. Hopefully, step 3 is what we can expect based on current timelines but you never know.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 8:47 pm
by CULLINAN
45 days / 2 months I believe.. double check once).
45 working days (excluding sat/sun).
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 8:52 pm
by CULLINAN
What is your own immigration status?
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 9:13 pm
by babusek
Tier-2 General
CULLINAN wrote: ↑Wed Dec 30, 2020 8:52 pm
What is your own immigration status?
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 9:15 pm
by CULLINAN
1) Your child born abroad will follow the same path as the less privileged parent (in immigration terms) will follow for ILR.
2) You can simply register the UK born child as British Citizen after any parent(s) gets ILR.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Wed Dec 30, 2020 10:10 pm
by babusek
thankq much appreciated
CULLINAN wrote: ↑Wed Dec 30, 2020 9:15 pm
1) Your child born abroad will follow the same path as the less privileged parent (in immigration terms) will follow for ILR.
2) You can simply register the UK born child as British Citizen after any parent(s) gets ILR.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Thu Dec 31, 2020 11:35 am
by babusek
Hi, Good Noon, I was going through the Link applying for ILR, In that for child they did not specify 5 years live in uk condition. the transcript from this link
https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa
---
Eligibility for children
Your child can apply if they:
were previously given permission to stay in the UK as your child
are not married or in a civil partnership
will live with you and be supported by you without using public funds
-----
CULLINAN wrote: ↑Wed Dec 30, 2020 9:15 pm
1) Your child born abroad will follow the same path as the less privileged parent (in immigration terms) will follow for ILR.
2) You can simply register the UK born child as British Citizen after any parent(s) gets ILR.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Thu Dec 31, 2020 11:37 am
by CULLINAN
Your son born abroad is only 5. Residence does not apply to him. He can simply apply for ILR when the less privileged parent (in immigration terms) does.
Re: short of 4 months to 5 years to eligible for ILR
Posted: Thu Dec 31, 2020 1:47 pm
by zimba
@babusek
Children do NOT have a 5-year residence requirement for ILR. Their ILR eligibility depends solely on their partners' immigration status as mentioned by CULLINAN
ILR from PBS dependent Need NARIC certificate?
Posted: Sat Mar 06, 2021 6:24 pm
by babusek
HI all, I am on the PBS dependent Visa, eligible for ILR in short time(3 months). Do I need NARIC certificate while applying for ILR(5 years route)?, I have Masters degree on computer science taught on English language from India. please help me with this question.
Re: ILR from PBS dependent Need NARIC certificate?
Posted: Sat Mar 06, 2021 6:31 pm
by poper
Yes, you do need to satisfy English requirements either through Naric assessment or B1 English test
https://www.gov.uk/guidance/prove-your- ... -test-selt
Re: ILR from PBS dependent Need NARIC certificate?
Posted: Sat Mar 06, 2021 7:01 pm
by babusek
THANKQ. I will follow the same. I do not know weather i can ask a different question.
do we have two types pbs extension visa's.
1) A pbs dependent visa extension based on the current PBS dependent visa(this visa is awarded from main applicant he is on Tier-2 General)
2) A pbs dependent visa extension based on the ILR of the husband
I need this extension because I am short of 3 months for ILR.
Re: ILR from PBS dependent Need NARIC certificate?
Posted: Sat Mar 06, 2021 7:07 pm
by CR001
I have merged your topics. You are given advice in what to do late last year. Read through the whole topic again.
Re: ILR from PBS dependent Need NARIC certificate?
Posted: Sun Mar 21, 2021 3:41 pm
by babusek
Hi Team, Thanks for all the suggestions , and I confirm I strictly followed and I got a positive decision on my ILR and waiting for BIO Metric Card. While Filling the PBS dependent visa to my dependents, I got this question. I do not know what would be the right answer to this.
Does (my Name) have indefinite leave to remain or British citizenship? Should I answer this YES or NO.
like I said I got an email saying success still waiting for the BRP on ILR application.