PBS dependant Visa result not received

[fastertabla]

Hi

I am currently on Tier2 General and eligible for ILR by mid of October. My visa is valid until December 2018. I have my Tier2 visa dependants (wife and baby). Once I change from Tier2 General to ILR, I have a below questions.

1. Should I apply a separate dependant visa for them while I am processing the ILR for myself?
2. My wife will be completing her 5 years next year March. Can she get ILR if I change her dependant visa to ILR?

Thanks
Ganesh

[secret.simon]

Are you applying for ILR via Long residence or via the PBS route?

[fastertabla]

Hi

I have a TIER 2 general visa and its valid until DEC 14 2018. My wife and my baby are in dependant visa. I am going to apply for ILR by oct 16th. Once I shifted to ILR, what will happen to them? Should I transfer their visa to dependant of my ILR immediately? If so, whats the kind of application I need to submit? I could not find a suitable answer for this and some of the posts are very old and not sure its valid currently. Hence I posted this. Kindly help.

Thanks
Ganesh

[CR001]

Topics Merged (click to read)

[CR001]

You were asked a question when you previously posted the same query, which you have failed to answer.

If you apply for ILR based on 5 years PBS route, then they can continue on their existing visa until they qualify for ILR.

DO NOT change their visa to ILR Dependent as this will reset their clock to zero.

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

[fastertabla]

Apologies for not replying in time.

Just need some clarity. I am applying ILR only for myself and not for dependants. Currently their VISA is valid only until Dec 14th 2018. If I switch to ILR, are they still eligible to stay in dependant visa until they become eligible for ILR? I thought their dependant visa expires after Dec 14th and I need to apply a new dependant visa on my ILR. I am worried if you say their clock resets back if I do that. Kindly elaborate.

Thanks
Ganesh

[vinny]

You were asked a question when you previously posted the same query, which you have failed to answer.

[vinny]

Are you applying for ILR via Long residence or via the PBS route?

[fastertabla]

Hi - I apply via PBS route. If I just extend PBS dependant visa after my ILR, should that be okay?

Thanks
Ganesh

[CR001]

They can extend their PBS dependent visas yes. It will be a 3 year extension.

[fastertabla]

Hi,

I have got my ILR last week and previously I was in TIER 2 general. I have my dependents (wife and kid) who are still in a dependent visa which I have processed 2 years back and its valid till DEC 14th 2018. I need to extend their dependent visa and I need some advice on the filling out the below questions in the application form.

1. Which visa or permission to stay has Mr (Main Applicant) applied for or been granted?
Should I fill this as TIER 2 general?

2. Is Mr (Main Applicant) work in a shortage occupation?
How to identify this? Is it based on my SOC code of TIER2 general COS which I had before?

3. What is the length of Mr (Main Applicant)'s Certificate of Sponsorship (Cos)?
As I got my ILR now COS which i had is invalid now. For this question, should I need to
enter the validity period of COS which I had

4. Has Mr (Main Applicant)'s sponsor agreed to certify your maintenance?
Is it applicable for my dependents? Should I need to get any supporting doc from my
current employer?

5. Apart from passport, BRP and photos, document section does not mention about any other supporting doc required. I am not finding clearly in the guidance document. Any other document required like my payroll, bank statement, letter from my employer etc?

Kindly advice.

Thanks
Ganesh

[vinny]

Posts merged.

[fastertabla]

Hi Vinny

I see you have merged the posts. Actually my questions are different from earlier. It's about filling out the form PBS dependant partner. Could you please kindly help?

Thanks
Ganesh

[vinny]

It's a continuation from

They can extend their PBS dependent visas yes. It will be a 3 year extension.

[vinny]

Where we refer to the dependant of a Tier 1, 2 or 5 migrant, this also includes applicants who are applying for further leave to remain in the PBS dependant category when after their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain. If you are applying as the dependant of a person who has indefinite leave to remain, or British Citizenship, you should read this guidance as if they were still in their last PBS immigration category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1, you should read the guidance as if you are applying as the dependant of a Tier 1 migrant.

Not helpful when COS has expired, etc?

[fastertabla]

Hey Vinny

I am not clear. Are you saying, without active COS, my dependants cannot extend their visa? As I have moved to ILR, I don't think my employer can provide that. Please clarify.

Thanks
Ganesh

[vinny]

I meant the quoted statement confirms that she may continue to extend as a PBS dependant. However, it was unhelpful with answering your wife’s application’s questions. For example, an ILR holder doesn’t require a valid COS.

It’s clear from 319C(b)(iii), etc., and explained in their explanatory memorandum, that your wife may continue to extend as a PBS dependant. But it’s confusing on how to answer those questions?

[sunny007]

Hi,

I think you should answer as following, but wait for senior members to reply as well, or the one's who has recently applied in the same situation.

1. Which visa or permission to stay has Mr (Main Applicant) applied for or been granted?
I think - TIER 2 general? because previously you had been granted Tier 2 general visa before ILR?

2. Is Mr (Main Applicant) work in a shortage occupation?
No - if previously you haven't applied for shortage occupation tier 2 visa, - see you JOB code.

3. What is the length of Mr (Main Applicant)'s Certificate of Sponsorship (Cos)?
- You should enter less than 3 years ,

4. Has Mr (Main Applicant)'s sponsor agreed to certify your maintenance?
If you are sending your own bank statement then this question answer is NO.

5. Apart from passport, BRP and photos, document section does not mention about any other supporting doc required. I am not finding clearly in the guidance document. Any other document required like my payroll, bank statement, letter from my employer etc?
Extention is straight forward , when you complete the application , the required documents list will be shown in the last page of the application , remember if you have answered NO to question 4 above then you should submit your / dependent Bank statement with the required amount in the consective 90 days. on safe side do it 92 days .

Hope this make sens.
Kindly update the threat after your family get the visa as well,

[fastertabla]

Thanks sunny07 for your response.

On your response 2, Shortage Occupation tells me that SOC code mentioned in my Tier2 COS belongs to shortage occupation list.

On Bank statements, my wife does not have a bank account. I can provide my bank statements. Should I need to get any letter from bank for authenticity?

One query I have missed to ask is the visa expiry date in the IHS form. Should I fill my ILR BRP validity end date OR my previous Tier2 end date OR rough calculation of 3 years from now?

Thanks
Ganesh

[CR001]

. One query I have missed to ask is the visa expiry date in the IHS form. Should I fill my ILR BRP validity end date OR my previous Tier2 end date OR rough calculation of 3 years from now?

3 years from now.

Re Bank statement, no letter required. Either person's bank statement can be used.

[fastertabla]

Hi

One of my friends who applied for PBS dependent visa said to me that I have to add my wife as a joint account holder and provide the bank statements. Is it true? Should I need to provide any cover letter explaining that my wife dont have any bank account and ask them to consider my account as a evidence for maintenance? Please clarify.

Thanks
Ganesh

[vinny]

One of my friends who applied for PBS dependent visa said to me that I have to add my wife as a joint account holder and provide the bank statements. Is it true?

No.

[fastertabla]

Hi
I have switched from Tier2 General to ILR by October end.
I have submitted the application for dependant Visa extension for my wife and baby on 11 Nov. Their current visa expired on December 14th. Still we have not received the result. Will that be an issue to stay inside UK without the visa?. As the visa is in process, I hope we are allowed to stay. How do I come to know the current status? Is there a way to track?

Thanks
Ganesh

[CR001]

Hi
I have switched from Tier2 General to ILR by October end.
I have submitted the application for dependant Visa extension for my wife and baby on 11 Nov. Their current visa expired on December 14th. Still we have not received the result. Will that be an issue to stay inside UK without the visa?. As the visa is in process, I hope we are allowed to stay. How do I come to know the current status? Is there a way to track?

Thanks
Ganesh

No issue. They are protected by section 3c if the immigration rules and the previous visa conditions continue while an application is pending with HO.

[fastertabla]

Thanks for the response. Is there a way to track the application status?

Thanks
Ganesh