Confused about application via PBS dependent route

[Ms06023]

Hi All,
I’m in a tricky position. Im currently on British passport and I’m planning to apply for my dependents ILR application via PBS dependent route.

We got a gap of more than 180 days due to medical reasons. I’m planning to apply for ILR with a covering letter.

In case if my partners ILR application is rejected.. Do I get PBS extension with the same fee(which was possible before 2018 but not sure about present scenario) ?

Please let me know if I’m missing anything here. Or is it worth just applying for PBS dependent extension without taking any risk.


On guidance page 11 states
If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.
This must be decided at senior executive officer (SEO) level with a grant of leave outside the Immigration Rules being the appropriate outcome.



https://assets.publishing.service.gov.u ... gov-uk.pdf

[zimba]

PBS dependants did not have an absence limit except for the periods of visa issued after 11 Jan 2018. When was the last visa issue and when was the absence gap ?

[Ms06023]

Hi Zimba, Thanks for your response. The last visa(extension) was issued in September 2019. And we got a 180 break in October 2020 to august 2021.

In case if my partners ILR application gets rejected.. Do I get PBS extension with the same fee?

[zimba]

No you must pay the current visa and IHS fees. Also note that if you are under Tier 2 PBS route, Tier 2 route does not exist anymore. So you will applying to extend under Skilled Worker dependant visa

[Ms06023]

Hi Zimba, yes it’s skilled worker dependent.
Sorry Zimba, the way I drafted my question is completely wrong. What I exactly mean is
1) in case of my application becomes invalid can home office issue me a dependent visa rather than rejecting the set O and losing all my money. I’ll draft a covering letter requesting the case worker to issue me a Dependent Visa and I’m happy to pay any required payments that I may owe to Home Office.

Is there any where in the guidance if the ILR application is invalid can they issue an alternative visa ?

[zimba]

No. The rules do not allow that under skilled worker route. You simply will get a refusal of your ILR application and lose your visa fees. You then should make a new dependant application. Also, note that an invalid application and a refused application are not the same things