Tier-2 Dependent Visa extension after partner changes to ILR

[ckk]

Hi!

I am really sorry if this case was discussed in the forum before. I have gone through the first 10 pages of this section but couldn't find an answer.

I have received my ILR end of September after completing 5 years period early September on a Tier-2 visa.

My initial Tier-2 visa was about to run out mid-January 2017. Consequently, my wife's dependent visa runs out (as above) by mid-January. She has been in the UK with this visa since August 2012. As she hasn't spent 5 years so far, she cannot apply for an ILR but her visa needs to be extended at least until the time she completes 5 years of stay.

However I am not sure which form we need to use? Is FLR-M the correct form?

In the guidance notes to FLR-M (section 1, PFD: https://www.gov.uk/government/uploads/s ... _11-16.pdf), it says "You must not use this form to make an application for an extension of stay as the partner of a person granted indefinite leave to remain in a work or study route, if you are currently in the UK as their dependant"

I don't understand this point. What does it mean, "a person granted indefinite leave to remain in a work or study route"? Do I fall under the category "granted ILR in a work route" because I worked for 5 years with a Tier-2 visa and then received ILR?

Any help very much appreciated. Thank you very much in advance!

[vinny]

To preserve her qualifying period for ILR, she may extend as a PBS dependant.

On what date did she initially apply as a dependant?

[ckk]

Hi Vinny,

Thank you very much for your quick reply.

Her first application as a PBS dependent was in July 2012. She came to the UK in August 2012, hence eligible for ILR by August 2017. In February 2014, both of our visas got renewed (mine as Tier 2 migrant, hers as Tier 2 PBS dependant).

So just to clarify, if I understand you correctly, she should apply for an extension of PBS dependent visa, even though I now have an ILR because otherwise her immigration clock would be set to zero?

Thank you so so much really! I can't imagine how we would have felt if we had applied with an FLR-M and then learned her time here was deleted.

[vinny]

That's correct.

Did she apply before or after 9th July 2012? If before, then she may be eligible for ILR at the same time as you are.

[ckk]

No, that's the crux, which made us crazy when we learned it! She applied actually on 12th July 2012, we missed that deadline by 3 days! That's why she has now to wait until August 2017 and because her current PBS dependant visa is running out mid-January 2017, we need a visa extension until August 2017.

[CR001]

PBS Dependent extension is correct and it will likely be granted for 3 years. She will also have to pay the immigration health surcharge in addition to the visa fee.

[ckk]

hi,

Thank you very much for this reassurance.

Because you mentioned it, one thing I don't understand in this form is the healthcare surcharge. Is this new?

She was working full time until October, when she went to maternity leave. I don't remember having paid healthcare surcharge when we extended our Tier-2 visas for the first time in 2014. Is this regulation new?

Thank you very much in advance!

[CR001]

Immigration health surcharge came into effect in April 2015 for all visa applicants. It is £200 per year of visa grant payable upfront, so for a 3 year extension, you will need to pay £600 plus the visa fee.

[ckk]

I wasn't aware of this, thank you very much.

Because you say £200 per year of visa grant: My wife would fulfill the 5 year period in August 2017 and then apply for ILR. So actually she doesn't need a 3 year extension, a 1 year (or 2 to be on the safe side) would suffice. Is it possible to choose this extension period or is it automatically 3 years?

Thank you very much!

[CR001]

You can't apply for a shorter duration visa extension. See 319D of the Part 8 Immigration rules for PBS Dependents (click)

319D. Period and conditions of grant
(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant, or (ii) If the Relevant Points-Based System Migrant has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or where the Relevant Points-Based System Migrant has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

See also Dependents of ILR economic 5 year route applicants (click)

[ckk]

Hats off. Thank you so much, really.

[vinny]

Try requesting a partial refund on the Immigration Heath surcharge, after they are granted ILR.

[ckk]

Hi again,

Thanks to all your amazing help, we are about to complete the extension request for the PBS dependant visa for my wife as above. Would you be so kind and help me with 2 things, which I don't understand in the form:

In the visa form, after confirming that I have an ILR, there is a question: "What is the length of Mr. XXXX's (that's me) Certificate of Sponsorship?"

Now, as I have an ILR, I don't have a CoS anymore. The first CoS I got from my company started in April 2011 and ended in February 2014. The current/last one was going until 31 December 2016 and started in February 2014.

Is the answer to the above question: "3 years or less" - referring to my last held CoS (Feb 2014-Dec 2016) ? Or is it "3 years or more" meaning the total time spent under a CoS? You cannot type in an answer, but have to choose from a drop-down menu.

The question about the current situation of my wife: "Are you currently dependant of a points based migrant?"

Although I now have an ILR, the answer to this question is "yes" - as it refers to my wife's current visa type, am I right?

The required document list is suspiciously short.

• Bank account statements: My wife worked for years here in the UK, so we have a joint bank account of which we will present the statements.
  Passports
  Photos
  Her current BRP

Of course this is different from case to case but I wonder why do they not want to see anything from me? Because we already enter my BRP number into the system and confirm that I have ILR while filling in the form?

Do you think I need to provide any additional documents myself? Like a letter from my company, my pay slips, a letter that I will provide maintenance for my wife etc?

Thank you so much!