ILR FOR PBS Dependent VISA

[Mimarcus]

Hello,
Firstly just want to say thank you for this website and the members topics. it is really helpful .
Just need an advice please that will be much appreciated.
My wife came to UK on March 2017 on dependent tier 2 visa ( as I was on Tier 2 work permit visa at that time ) . she was granted her visa till Dec 2018 . then she got an extension of her visa as PBS dependent V from Dec 2018 till DEC 2021 (I got ILR in DEC 2018 & Became a British Citizen in Jan 2020)
My question is : can my wife apply now for ILR as her current visa will expire next month ? and what type of application she needs to submit please ?
So she is on dependent visa from march 2018

Many thanks again
Mike

[CR001]

On what basis did you get ILR? 5 years tier 2 or 10 years long residence?

What was the initial visa start date for your dependents visa?

[Mimarcus]

for my wife ( that I am enquiring about please ) she got the following :
PBS Dependant LEAVE TO ENTER :
From 09/03/2017 till 14/09/2018 ( At that time I was on tier 2 work permit visa )
Current visa : She applied for extension in September 2018 and she got :
PBS Dependant leave to remain : from 18/12/2018 TILL 18/12/2021

I got my ILR in November 2018 and My British Citizenship in JAN 2020 .

Her current visa will expire In 18/12/2021 and do not know if she could apply for ILR or not ?

Many thanks

[CR001]

The route you got ilr on is important, which is why I asked the question!!!

[Mimarcus]

It is 5 year route as I mentioned!
Thank you

[zimba]

She needs 5 years under the dependant route to qualify for ILR. She must apply for a skilled dependant visa extension and then apply for ILR when eligible using SET(O)

[Mimarcus]

Thank you but I am British citizen how can she apply for extension as a depandant visa . she will complete 5 years on 09/03/2022 and her current visa will expire in 18/12/2021 ?? so do not know what to do or what visa to apply for this 2 months ?

Kind regards

[CR001]

Apply for a skilled worker dependent visa to extend her leave.

[Mimarcus]

Thank you but she will complete 5 years on 09/03/2022 and she can apply for ILR ON 10/02/2022 . it is just 45 days between her current visa expiry and the earliest date to apply for ILR . So for how long shall she apply for extension ? they usually take at least 3-4 months to apply

Kindest regards

[zimba]

Thank you but she will complete 5 years on 09/03/2022 and she can apply for ILR ON 10/02/2022 . it is just 45 days between her current visa expiry and the earliest date to apply for ILR . So for how long shall she apply for extension ? they usually take at least 3-4 months to apply

Kindest regards

First of all the fact that you are British is irrelevant. She applies before visa expiry. The visa period is fixed so you cannot choose. If her visa is not granted by the time she is eligible for ILR, she can vary her application to ILR application

[Mimarcus]

Thank you for replying back . but as I clarified before , she is my wife and our little one is British citizen as well . On what basis she can extend her Tier 2 Dependant visa if she just needs exactly 2 months to apply for ILR ( She can apply on ILR from 19/02/2022 as the earliest date) ?
So if she has to extend her PBS tier 3 dependant visa first , what is the shortest period she can apply for ?
It is irrelevant to apply for extension and until Home office replies , she will complete 5 years ?

Many thanks in advance.

Regards

[AmazonianX]

Thank you for replying back . but as I clarified before , she is my wife and our little one is British citizen as well . On what basis she can extend her Tier 2 Dependant visa if she just needs exactly 2 months to apply for ILR ( She can apply on ILR from 19/02/2022 as the earliest date) ?
So if she has to extend her PBS tier 3 dependant visa first , what is the shortest period she can apply for ?
It is irrelevant to apply for extension and until Home office replies , she will complete 5 years ?

Many thanks in advance.

Regards

Extension is for fixed period as earlier advised, no shortest period.

[zimba]

Thank you for replying back . but as I clarified before , she is my wife and our little one is British citizen as well . On what basis she can extend her Tier 2 Dependant visa if she just needs exactly 2 months to apply for ILR ( She can apply on ILR from 19/02/2022 as the earliest date) ?
So if she has to extend her PBS tier 3 dependant visa first , what is the shortest period she can apply for ?
It is irrelevant to apply for extension and until Home office replies , she will complete 5 years ?

Many thanks in advance.

Regards

I repeat again: The fact that you are British now is irrelevant. She can extend under the Skilled Worker route as that was the route you took for your ILR. Your current status is irrelevant. Also, Tier 2 route does NOT exist anymore and it was replaced by the skilled worker route. There is no shortest period as I said the extension is granted ONLY for a fixed period. The path she must take is clear: Apply for an extension. If granted then she will apply for ILR when eligible. If she becomes eligible but her extension application is still pending, then she applies for ILR which varies her extension application to ILR. There is no other way