Validity of current Work status

[ss2611]

Hi,

I'm a Tier 2 dependent and have my extension on Mar 7 2019. Unfortunately i realised that i missed maintenance of min £630 for 90 days. Since past month i didn't have £630 for 10 days. I'm still planning to go ahead applying for my extension before by visa expires and hence getting a definite rejection(hoping it would gain me 30 days time to maintain funds meanwhile). By the time i get refusal i would meet my minimum fund requirements and reapply again within 14 days.

Now my concern is i'm a full time employee and confused if i will loose my work permit when i get the Visa rejection. Also i'm pregnant now and wondering if i loose my work permit i would loose my eligibility for maternity leave as well.

Will my employer get an update from HMRC as soon as my visa gets rejected to cancel my work permit ? Or do you reckon if those 14 days would be sufficient for me to reapply ( i'm aiming to go for 1 day application for the second time ) so my work permit would remain safe ?

Appreciate your advice on this.

[ss2611]

Hi,

Please could someone advice on this.

Many Thanks

[srsw]

Your spouse bank account balance too can be kept as evidence not just yours. Does your spouse account have enough balance?

[ss2611]

Hi Srsw,

We've checked every other account available, but unfortunately my spouse account is in overdraft by that point and i suppose overdraft will not be considered ?

All the accounts didn't show any balance for those 10 days.

I have just understood i can't go for a priority visa when i re apply second time. That means i would loose my employment by then ? and my eligibility for maternity too ? I really don't understand what would be further scenario with my current job.

Appreciate any advice please.

Many Thanks

[srsw]

Overdraft won't be considered. Btw, the guidance says...

"82. If you apply separately from the main applicant you will need to have the necessary funds to meet
the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the
main applicant already had leave in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements."

Are you planning to apply separately from main applicant? Can you get your spouse company to undertake maintenance requirement?

[ss2611]

Hi Srsw,

Really appreciate your prompt response.

My spouse is no longer a Tier-2 visa holder as he gained ILR status 8 months back and he already quit his job. Unfortunately i don't think we could get a maintenance letter in this case. Can i get similar letter from my current company instead ?

Thank you for your help on this

[ss2611]

Yes, i'm applying separately from the main applicant

[CR001]

Yes, i'm applying separately from the main applicant

What visa does your spouse hold?

[ss2611]

Hi,

He's on ILR now

[srsw]

Not sure if ILR dependents need to show maintenance (haven't checked guidance) but if you need to, then you can show funds in your/spouse overseas bank account as well. Do you have any overseas bank accounts in your home country?

[ss2611]

Hi Srsw,

But i'm due to do my Tier-2 dependent extension now since i'm in UK only for the last 3 years. I'm not sure if i would be considered as an ILR dependent at this point ?

[ss2611]

I could only start doing ILR dependent after finishing 5 years of UK stay i assume.

[CR001]

Not sure if ILR dependents need to show maintenance (haven't checked guidance) but if you need to, then you can show funds in your/spouse overseas bank account as well. Do you have any overseas bank accounts in your home country?

Swtichijg to flr m will reset the clock for ILR to zero. No maintenance funds for form but there is a financial annual earning requirement and English language.

[ss2611]

In my situation i would rather do Tier 2 extension - As soon as it gets rejected based on not enough funds being available, i would re apply again to gain some time. But what happens to my work permit meanwhile please? Will i be able to continue working after my rejection ? And will i miss my continuity ?

[ss2611]

If this is not possible i'm still ready to switch to ILR dependent instead even though it starts from zero. Will i be eligible to apply for ILR dependent ? please could you guide on applying for it ? I can't find a suitable documentation for ILR dependent application.


thank you

[CR001]

If this is not possible i'm still ready to switch to ILR dependent instead even though it starts from zero. Will i be eligible to apply for ILR dependent ? please could you guide on applying for it ? I can't find a suitable documentation for ILR dependent application.


thank you

https://www.gov.uk/uk-family-visa/partner-spouse

https://webarchive.nationalarchives.gov ... -form-flrm

[ss2611]

Thank you so much for your responses

I have decided to apply for ILR rather than risk my job and get into trouble with my materity and further things by relying on Tier 2 extension.

Thank you gain

[CR001]

Thank you so much for your responses

I have decided to apply for ILR rather than risk my job and get into trouble with my materity and further things by relying on Tier 2 extension.

Thank you gain

Do you mean "ILR dependent" or "ILR"?? They are two different things.

[ss2611]

Hi,

I meant ILR dependent.

[ss2611]

I can still switch to ILR dependent rather than extending Tier 2 dependent right ? Or is it like i can't switch visas when i'm already working based on the current tier 2 dependent ?

Sorry for raising a confusion again, but suddenly felt like if the ILR dependent is only valid for no other visa holders except for the ones who are willing to join new with their ILR partner.

Please advise.

Many Thanks

[CR001]

You can switch if you wish, no restriction and you are still free to work.

[vinny]

See also 3 b).