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Main Immigrant eligible for ILR, dependants visa expires before required completion time

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Hameed Ahmed
Newly Registered
Posts: 2
Joined: Wed Dec 26, 2018 11:04 pm
United Kingdom

Main Immigrant eligible for ILR, dependants visa expires before required completion time

Post by Hameed Ahmed » Wed Dec 26, 2018 11:14 pm

Hi All,

I am on tier 2 General and eleigible for ILR in February 19. My wife completes her 5 year period in Dec 19 but her PBS dependant visa expires in Aug 19.

Q: Can she apply ILR with me in February ?

Or

Q: Can she apply ILR in August before her PBS dependant leave expires

Or

Is there another way, such as, apply via post in August, hoping that her application doesn’t get entertained until Novemeber (28 days before 5 years period) to complete her 5 years period. ILR postal application takes 6 months in processing/decision anyway.

Any help will be highly appreciated.

Regards

User avatar
aman90
Diamond Member
Posts: 1685
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: Main Immigrant eligible for ILR, dependants visa expires before required completion time

Post by aman90 » Wed Dec 26, 2018 11:42 pm

Hameed Ahmed wrote:
Wed Dec 26, 2018 11:14 pm
Hi All,

I am on tier 2 General and eleigible for ILR in February 19. My wife completes her 5 year period in Dec 19 but her PBS dependant visa expires in Aug 19.

Q: Can she apply ILR with me in February ?

Or

Q: Can she apply ILR in August before her PBS dependant leave expires

Or

Is there another way, such as, apply via post in August, hoping that her application doesn’t get entertained until Novemeber (28 days before 5 years period) to complete her 5 years period. ILR postal application takes 6 months in processing/decision anyway.

Any help will be highly appreciated.

Regards
No for all..

Hameed Ahmed
Newly Registered
Posts: 2
Joined: Wed Dec 26, 2018 11:04 pm
United Kingdom

Re: Main Immigrant eligible for ILR, dependants visa expires before required completion time

Post by Hameed Ahmed » Thu Dec 27, 2018 11:51 am

aman90 wrote:
Wed Dec 26, 2018 11:42 pm
Hameed Ahmed wrote:
Wed Dec 26, 2018 11:14 pm
Hi All,

I am on tier 2 General and eleigible for ILR in February 19. My wife completes her 5 year period in Dec 19 but her PBS dependant visa expires in Aug 19.

Q: Can she apply ILR with me in February ?

Or

Q: Can she apply ILR in August before her PBS dependant leave expires

Or

Is there another way, such as, apply via post in August, hoping that her application doesn’t get entertained until Novemeber (28 days before 5 years period) to complete her 5 years period. ILR postal application takes 6 months in processing/decision anyway.

Any help will be highly appreciated.

Regards
No for all..
Is there any solution or will someone again just write “No” and move on ?

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CR001
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Posts: 89097
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Main Immigrant eligible for ILR, dependants visa expires before required completion time

Post by CR001 » Thu Dec 27, 2018 11:54 am

You need to apply for an extension for your dependents if they don't meet the ILR requirements.

What date was their first pbs dependent visa issued??

If you don't provide all the really important details, you can't expect lengthy responses or advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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aman90
Diamond Member
Posts: 1685
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: Main Immigrant eligible for ILR, dependants visa expires before required completion time

Post by aman90 » Thu Dec 27, 2018 2:27 pm

Is there any solution or will someone again just write “No” and move on ?


No offence but your questions were answered to help you get cracking on reading the guidance for PBS dependants and to do a quick search on this forum and in fact google would show hundreds that been in ur situation in this year alone and apply the research to your situation.
Your case is not complex.
Further to the moderators advice
If you are getting ILR based on Tier2 then ur dependants need to extend their visa as a pbs dependant near to the expiry of their current visa.
The standard decision time is 6 months but HO tends to take decisions in 2 months more or less.
Read on Varying Leave.
Dependant may apply within 28 days of the qualifying date ie 5th anniversary.
But a bit more info is necessary to be precise and may save you fees.
Once you’ve done the research it’ll be far clearer and you’ll confident with the application.
Please don’t hesitate to revert back.
Moving on.. 😂

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