Immigrationboards.com

Hello,
I've had 3 years of Tier 2 and more than 2 years of Tier 1. So I'll be applying for ILR. All else checks out, so all good for me.
But, my wife does not qualify as she violated the 180-day-absence rule.

In my research, I figured out there are two options for her:
1. PBS Dependant Visa
2. Further Leave to Remain

Do you guys have any advice as to which path to go?

Thank you

cliftonianbristol wrote: ↑

Fri Jan 31, 2020 11:38 pm

Hello,
I've had 3 years of Tier 2 and more than 2 years of Tier 1. So I'll be applying for ILR. All else checks out, so all good for me.
But, my wife does not qualify as she violated the 180-day-absence rule.

In my research, I figured out there are two options for her:
1. PBS Dependant Visa
2. Further Leave to Remain

Do you guys have any advice as to which path to go?

Thank you

Before advising, can you clarify which category of visa your wife currently holds and her immigration history?

She's been my dependant all along. So:
- 3 years of Tier 2 Dependant, and
- (a bit more than) 2 years of Tier 1 Dependant

Thank you

Your wife should extend her PBS dependent visa. Switching to FLR(M) would reset her immigration clock to zero, putting her on a new 5 year path to settlement (ILR).

The dependent visa extension will be issued for a 3 year period. She can't request less.

Thank you.

When was the long absence and when was her last visa issued?

The 180 days absence only applies to those who hold PBS dependent visas issued on or after 11th January 2018.

It was last year, summer of 2019 actually. so yes, after 2018.

CR001 wrote: ↑

Sat Feb 01, 2020 7:41 am

when was her last visa issued?

The 180 days absence only applies to those who hold PBS dependent visas issued on or after 11th January 2018.

May 2018, sorry for the confusion

cliftonianbristol wrote: ↑

Sat Feb 01, 2020 12:21 pm

It was last year, summer of 2019 actually. so yes, after 2018.

When was her last visa extension. Was her visa extension after Jan 2018?

Yes. The visa extension was in April 2018.

If she was absent from the UK for 180 days or more after her visa was granted in April 2018, then yes, her residency is broken and her clock reset to zero from when she returned to the UK.

Yes I know. The question was which visa to apply for in this case.

Continue extending her existing visa category, PBS dependent, until she qualifies for ilr.

Is it better/easier to apply than FLR?

Your choice. Applying for FLR m will reset her clock to zero again and she also has to meet the English and financial requirements. It will be a 2 X 2.5 year route to ilr.

Hello
I am applying for a PBS dependant visa for my wife.
I discussed the situation here:
indefinite-leave-to-remain/i-qualify-fo ... 96732.html

But, I am having hard time to find the precise application link on gov.uk website.
Can you help me please? I seriously don't want to end up applying for a wrong visa.
I need the exact link for this kind of visa.

Many thanks

cliftonianbristol wrote: ↑

Wed Mar 04, 2020 11:54 am

Hello
I am applying for a PBS dependant visa for my wife.
I discussed the situation here:
indefinite-leave-to-remain/i-qualify-fo ... 96732.html

But, I am having hard time to find the precise application link on gov.uk website.
Can you help me please? I seriously don't want to end up applying for a wrong visa.
I need the exact link for this kind of visa.

Many thanks

Topics merged and moved to the Tier 2 sub forum!

https://www.gov.uk/tier-2-general/family-members

https://visas-immigration.service.gov.u ... 1582558168

But I am having my ILR. She'll be applying after I receive my ILR.

The link provided above says that it is for the dependants of Point Based System. I am no longer one.

Is it still the correct link?

Correct link. The rules allow her to continue as pbs dependent once you get ilr based on PBS route.

I understand, thank you.

Link to the rules below in case you need them.

immigration-for-family-members/dependan ... 14832.html

I have a T1 visa. It expires next month. I've been here for 5 years. I am getting my ILR this month.

My wife is applying for PBS Dependant. She cannot apply for ILR, she was not here long enough.

While applying we ended up paying only £200 for the NHS surcharge. I know it is not the right amount.
What happened?

I checked from here
https://www.immigration-health-surcharg ... er/Joining
It also shows £200.
(we are currently in UK, not applying to stay in islands, and not under 18)

In the section "About the person you are joining in the UK", it doesn't say ILR, so we chose T1.

I am a bit panicking, please help.

It's because you put whatever your current visa expiry date is. You should have out a date 3 years from date of application.

When does her current visa expire?

I don't understand.
My T1 and her T1 dependant expire in May 2020. I am getting my ILR and she is getting a PBS depandant visa.
What should I do?