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Visa for PBS dependant wife when husband has got ILR

Posted: Wed Jul 21, 2021 1:27 pm
by drfahad16
Dear team,

Please help me in this. I understand issues related to this has been raised multiple times before but my situation is slightly different.

I have got ILR through PBS Tier 2 (5 yr) route last year.
My wife was my PBS dependant. Her current visa is expiring on 12th August 2021. Her 1st brp date of issue was 01/09/2016 & she arrived in UK on 09/09/2016.

Now as you can see she is 18 days short on her 5 yr completion period.

My querry is;
1) Can we apply for ILR given there is an option that one can apply for ILR 28 days before completion of 5 yr time ? or we cannot as her visa is not valid till last day of 5 yr period which is 01/09/2021.

2) If I can't apply for her ILR, do we have to apply for extension under same category. I understand previously it used to be done like that but I saw guidance were updated on 03/03/2021. Is its still the same or something has changed.
Please give me a link for application to apply (thanks in advance :)).

3) If we are applying for her extension I understand I had to put COS details. Now that COS details would be same as of which she got her current visa. During my stay I changed few jobs but I didn't change her tier2 dependant visa with me everytime as her was valid already so question is which COS details to put ?

Really appreciate your advice. We don't have much time left.

Thanks a lot
Fahad

Re: Visa for PBS dependant wife when husband has got ILR

Posted: Wed Jul 21, 2021 2:06 pm
by CR001
1) Can we apply for ILR given there is an option that one can apply for ILR 28 days before completion of 5 yr time ? or we cannot as her visa is not valid till last day of 5 yr period which is 01/09/2021.
Yes. She can apply for ILR no sooner than within 28 days before the 5th anniversary date of the initial visa start date. She must apply online and pay before her current visa expires.

Re: Visa for PBS dependant wife when husband has got ILR

Posted: Wed Jul 21, 2021 2:28 pm
by drfahad16
Dear CR001,

Thanks a lot for your responce. Really appreciate this. :)

Just to confirm, so we can apply for ILR even if our visa is expiring few days before completion of 5 yr period as long as its in 28 days window ?

Also regarding 1st visa start dat - the visa stamp she got on her passport shows start date of 06/09/2016 whilst on BRP which she collected when she came here shows start date of 01/09/2016. I reckon its the BRP date which counts ?

Please advice :D
Thanks

Re: Visa for PBS dependant wife when husband has got ILR

Posted: Wed Jul 21, 2021 2:48 pm
by CR001
Just to confirm, so we can apply for ILR even if our visa is expiring few days before completion of 5 yr period as long as its in 28 days window ?
Yes.
Also regarding 1st visa start dat - the visa stamp she got on her passport shows start date of 06/09/2016 whilst on BRP which she collected when she came here shows start date of 01/09/2016. I reckon its the BRP date which counts ?
BRP date is fine.

Re: Visa for PBS dependant wife when husband has got ILR

Posted: Wed Jul 21, 2021 2:59 pm
by drfahad16
Many thanks :)