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Tier-1 Dependent Main Applicant BC

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 6:39 am

Hello Friends, I need to apply for extension of visa as my visa is expiring soon.

My biometric visa says "PBS Dependent Leave to Remain". What does this mean and which form do I need to fill to extend my visa. The main issue here is that my husband has since moved from ILR to British Citizenship.

I have done some research on internet and believe this is the correct form. Please let me know if this is correct?

https://www.gov.uk/government/uploads/s ... _03-16.pdf

Many Thanks for your reply.

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Re: Tier-1 Dependent Main Applicant BC

Post by vinny » Thu May 05, 2016 6:54 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 7:36 am

Thanks Vinny for reply. I am not applying for ILR. Am I elligible for that?

Can you please provide me the link for correct form?

Thanks again.

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 8:50 am

When did you apply and get your first visa?

Was your husband on Tier 1 General before he got ILR?

On what basis did your husband get ILR, 5 years residence or 10 years long residence?

Did you click on the link that vinny provided (clue is blue underlined text)?
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 9:47 am

CR001 wrote:When did you apply and get your first visa?

Was your husband on Tier 1 General before he got ILR?

On what basis did your husband get ILR, 5 years residence or 10 years long residence?

Did you click on the link that vinny provided (clue is blue underlined text)?

I applied for my first Tier-1 dependent visa in Jan 2013 (which I applied from India ) and entered UK on 2nd march 2013

My husband then got his ILR on 13 March from the 5 year residence route.

My husband was on Tier-1 General before ILR

I had to apply for visa again on 31st of March and I recieved my BRP on 15th may 2013 (valid for 3 years) type of permit as mentioned on my BRP is PBS Dependent Leave to remain .

yes I did click on the link given my Vinny but unfortunately it is not making sense to me :(
sorry for some dumb questions , I have never done any visa work it's my husband who handles it . but everything gone wrong this time , he is not well and my visa due to expire on 15 May 2015 .hence I am not left with much of an option ,than to figure out myself and file a correct application in the right category .

Many thanks for help

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 9:59 am

The link you have quoted in your first post is the correct form you need to apply for an extension. You will also have to pay the immigration health surcharge, link below.

https://www.gov.uk/healthcare-immigrati ... n/overview

You can apply for your extension in person or by post. Unlikely you will get an in person appointment at this late stage though. If you apply by post, you must send it before your visa expires.

Has your husband/you got the bank balance for maintenance funds?

From Vinny's link, the quote below is what is relevant to you.
Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

c) Doctor / dentist dependant with employment restriction - For PBS dependant who is a doctor / dentist but does not satisfy 319D(b)(iii) may consider switching to FLR(M) at the earliest opportunity to become free from the employment restriction, instead of continuing on PBS dependant leave. Do note that, as mentioned above, anyone switching to FLR(M) on or after 06-Apr-14 will have his / her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.


Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will be subject to rules in place before 09-Jul-12 if the dependant keeps extending leave as PBS dependant or if switching to FLR(M) the most recent FLR(M) application was before 06-Ap-2014. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant". These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) before 06-Apr-2014 to complete the 2 years period to become eligible for settlement.

Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (319E(d)(ii) or E-ILRP.1.3.).

https://www.gov.uk/government/publicati ... m-migrants
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 10:54 am

CR001 wrote:The link you have quoted in your first post is the correct form you need to apply for an extension. You will also have to pay the immigration health surcharge, link below.

https://www.gov.uk/healthcare-immigrati ... n/overview

You can apply for your extension in person or by post. Unlikely you will get an in person appointment at this late stage though. If you apply by post, you must send it before your visa expires.

Has your husband/you got the bank balance for maintenance funds?

From Vinny's link, the quote below is what is relevant to you.
Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.

c) Doctor / dentist dependant with employment restriction - For PBS dependant who is a doctor / dentist but does not satisfy 319D(b)(iii) may consider switching to FLR(M) at the earliest opportunity to become free from the employment restriction, instead of continuing on PBS dependant leave. Do note that, as mentioned above, anyone switching to FLR(M) on or after 06-Apr-14 will have his / her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.


Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will be subject to rules in place before 09-Jul-12 if the dependant keeps extending leave as PBS dependant or if switching to FLR(M) the most recent FLR(M) application was before 06-Ap-2014. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant". These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) before 06-Apr-2014 to complete the 2 years period to become eligible for settlement.

Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (319E(d)(ii) or E-ILRP.1.3.).

https://www.gov.uk/government/publicati ... m-migrants
how much maintainance fund do we need to show in the bank account for the past three months ? or his salary slip will be enough to serve my purpose ?

Many thanks

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 11:02 am

£630 for 90 days, bank statement to be provided. See page 29 of the application form.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 5:52 pm

Hey, I just found that I have £650.00 only from 26-feb-2016 onwards and my visa is expiring on 15-May. So if I wait till 26-May, will it be a problem? Can I apply within 28 days of 15-May.

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 7:11 pm

Are you sure you are on PBS Dependent currently?

Is this topic related to you as both yourself and Tier-1 posting from the same IP address and dates/circumstances virtually identical?

http://www.immigrationboards.com/immigr ... 69-20.html
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 7:28 pm

Yes, tier-1 is my husband. He asked me take over the things as he is not well. Yes when I started the thread, I checked all the things before starting and found that I am 'PBS dependent' so I started a new thread to prevent any unnecessary confusion.

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 7:32 pm

So why does he say you switched to ILR dependent on FLR in 2013?
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Thu May 05, 2016 7:50 pm

He was mistaken. Basically both of us had forgot which form was filled for me and he felt more confident that FLR form was filled. But When he got the flr extension form for me to fill, it had so many strange questions that I decided to look all over again and checked the biomteric visa, I saw 'PBS dependent' written there.

That'w when we concluded that I was alwasy PBS dependent and never FLR. But my husband said he cannot do the research anymore and handed over to me. :)

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Thu May 05, 2016 8:16 pm

You should apply for an extension before you current visa expires.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Fri May 06, 2016 11:45 am

What is the risk in applying on 26-May.

Can the money be in my husbands account

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Fri May 06, 2016 11:50 am

The money can be in either account.

It is never a good idea to make an out of time application and migrants should always apply before expiry.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Sun May 08, 2016 11:46 pm

Hey Guys, Do you know what happens if I send visa application on last day of my visa validity and the payment fails for any reason.

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Re: Tier-1 Dependent Main Applicant BC

Post by CR001 » Mon May 09, 2016 11:54 am

They might write to you and ask for another form of payment or they might reject the application as invalid.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Mon May 09, 2016 8:49 pm

If my visa is valid till 15 may, then can I post application on 16 may or will that make me over stayer. I am asking this because I am expecting to receive some documents on 15 may, which is Sunday and thus would not be able post on 15 may.
Last edited by av on Mon May 09, 2016 8:59 pm, edited 2 times in total.

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Re: Tier-1 Dependent Main Applicant BC

Post by Casa » Mon May 09, 2016 8:57 pm

The application MUST be posted no later than your current visa's expiry date. Send by recorded post and keep the receipt.
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Re: Tier-1 Dependent Main Applicant BC

Post by av » Mon May 09, 2016 10:33 pm

Thanks casa for reply.

If I send banks statement as follow up document, will thisbe any problem.

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Re: Tier-1 Dependent Main Applicant BC

Post by av » Tue May 10, 2016 11:59 pm

Can I send bank statements after sending the main apllication. Is there anything which prohibits acceptance of documents sent later? In guidance notes , appliction or some law?

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Re: Tier-1 Dependent Main Applicant BC

Post by av » Mon Jul 04, 2016 9:34 pm

Hello Friends,

I applied for visa on 14 may.
I was just thinking if it is possible for me to get my passport back so that I can travel back to my home country and when the brp card arrives, it will be collected by husband who can courier it to me so that I can come back to uk.

Please advise if this is possible and that ukvi can return my passport.

Thanks

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