Break in Tier 2 dependent visa ground for Refusal?

[marieRS]

Hello everyone,

I need your two cents regarding my husband's currently unresolved application.

He was initially granted Tier 2 dependent visa on February 2011 valid until July 2013. He was granted his second Tier 2 dependent visa on Jan 2014 valid until this August.

There is a five month gap between the two visas.

He was not physically present in the UK from Nov 2012 until his return last Jan 2014 due to a job with Mitsubishi in Japan.

Since his return though on Jan 2014, we had very minimal out of country travels until present.

We applied for his ILR last week via premium service and until now, they have no decision to give. They rang us twice now to inform that they need to refer our case to their superior.

Do you think the odds will be in our favor or not?

Many thanks.

[vinny]

It's complicated. Unfortunately, they may consider that he broke his 'continuous leave', required under 319E(d).

[marieRS]

Thanks for the reply.

Yes, the lady whom we spoke to personally mentioned that they have to be clear of that issue first, continuous leave. What does it pertain to? Is that the required 2 years continuous leave in my husband's case?

Or does it refer to something else?

Thanks.

[marieRS]

I have been ripping the internet for its definition for sometime now. There was one archived document that has mentioned continuous leave is broken if applicant has been away for more than two years.

[marieRS]

Dear Vinny,

Thank you again for the reply. The complicated thread has somehow shed light to our worry.

I have condensed 319 Ed (i) in application to our case and it says:

"The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i):

(i) If the applicant was granted leave as the Partner of that Relevant Points Based System Migrant, under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years."

The continuous leave it refers to is the most recent two years UK stay required prior to ILR application which my husband has done so. And as I previously mentioned, his first visa was granted before 9 July 2012.

My remnant hope grows. Cross fingers.

[iworker]

your husband has not had .. "and since then has had continuous leave as the Partner of that Relevant Points based System Migrant,".
He has a pdb dependent leave after apr 2012 rules and hence falls into 5 years category. His 5 year time started in Jan 14 and will finish in Jan 19 when he will be eligible for ilr.
if you have already got ilr, then he should extend his pbs dependent and NOT apply on flr (M) as that will reset the counter again.

[CR001]

your husband has not had .. "and since then has had continuous leave as the Partner of that Relevant Points based System Migrant,".
He has a pdb dependent leave after apr 2012 rules and hence falls into 5 years category. His 5 year time started in Jan 14 and will finish in Jan 19 when he will be eligible for ilr.
if you have already got ilr, then he should extend his pbs dependent and NOT apply on flr (M) as that will reset the counter again.

Do you mean July 2012 rules?

[CR001]

marieRS, on what basis did you obtain ILR, 5 years Tier 2 or 10 years long residence?

[marieRS]

marieRS, on what basis did you obtain ILR, 5 years Tier 2 or 10 years long residence?

Hello CR001, I was granted ILR via 5 years route Tier 2 General Visa last April 2016 along with my son.

[marieRS]

your husband has not had .. "and since then has had continuous leave as the Partner of that Relevant Points based System Migrant,".
He has a pdb dependent leave after apr 2012 rules and hence falls into 5 years category. His 5 year time started in Jan 14 and will finish in Jan 19 when he will be eligible for ilr.
if you have already got ilr, then he should extend his pbs dependent and NOT apply on flr (M) as that will reset the counter again.

Hello iworker,

My husband has been granted two PBS dependent visas with the first one prior given prior July 2012.

First: Feb 2011- July 2013

Second: Jan 2014 - August this year

There seems to be absence of ruling regarding visa breaks, specifically between first visa granted prior 9 July 2012 and the recent one.

[iworker]

CR001.. sorry, yes. July 2012.

I think the initial visa doesnt count. In Jan 2014, he got entry clearance and not an extension. Hence he is under the new 5 years rule. I can be wrong, but i am pretty confident i am not.

[marieRS]

I think the initial visa doesnt count. In Jan 2014, he got entry clearance and not an extension. Hence he is under the new 5 years rule. I can be wrong, but i am pretty confident i am not.

Thank you for the input iworker.

If this is our worst case scenario, then as you previously mentioned, its PBS dependant extension that we need to apply for.

The only squeeze now is after I was granted ILR, I switched to optional working hours to care for our little boy. I am still with the same A rated sponsor but now with variable monthly income.

We have enough funds in the bank to comply with the maintenance requirement though.

Are we on the safe side with that?

[CR001]

There is no minimum salary you have to meet for your spouse to extend PBS dep visa. Maintenance is required.

[marieRS]

That is good news then for us CR001.

However, there seems to be no dedicated application form for a Tier 2 dependant extension unlike Tier 1 and 5. What form should we use in case this is our final option?

[CR001]

It is an online form only

https://visas-immigration.service.gov.u ... nt-partner

https://www.gov.uk/tier-2-general/family-members

[marieRS]

Ok copy CR001. May the force be with all of you!