Questions - PBS Dependent Extension and ILR Route

[T2ILR2012]

Hello All,

I hope the good people on this forum are able to help me out with some questions I have regarding my wife's Tier 2 PBS Dependent leave to remain extension.

Our case is as follows

1.I was granted ILR in 2013. My wife already had leave to remain under PBS T2 Category at that stage.

2.Her most recent extension was carried out in April 2014, her current leave to remain expires in first week of April. This will most likely be her last extension as she needs leave to remain for only 7-8 months before she becomes eligible for ILR later in 2017.

My Questions are

1.How soon can we apply for an extension prior to expiry of her current leave to remain (April 2017). I am thinking of applying towards end of January via PSC appointment. If I remember correctly, one could apply 28 days prior to completion of 5 years under for ILR but not aware of a similar rule for PBS Dependent category.

2.She is employed in the UK (IT Contractor with her own limited company) and pays NI and other Taxes, I presume NHS surcharge is still needed. Although when I calculate the NHS surcharge, it returns nothing to be paid. The parameters entered are
• applying alone (which she will be)
• Currently in UK
• Not staying in isle of Man, Jersey or Guernsey
• Not under 18 and in local authority care
• Indian by nationality
• Tier 2 PBS Dependent as VISA route
• T2 ICT Long Term Staff as VISA type (my original visa type before I was granted ILR in 2013)
• 31 years of age

3.Sometime after her last extension, I switched to contracting via my own limited company and get paid via a combination of salary (minimal) and dividends. We have sufficient funds in our savings accounts which we'll be providing as supporting income and savings proof, would there still be a need of some sort of proof of earnings from my accountant?

4.And Finally, as PBS dependent , what would be her route to ILR - I presume SET(O), if the rules haven't changed recently.

Any help with the above would be highly appreciated.
Thanks in advance!!

[CR001]

Did you get ILR based on Tier 2 with 5 years residence??

1. She should be fine to apply in January.

2. Tier 2 ICT migrants and their dependents DO NOT pay the immigration health surcharge (lucky for you) but must get an IHS reference number.

3. As far as I understand, you only need to prove and meet the maintenance requirements.

4. Set(O) when she qualifies for ILR (assuming you got ILR based on 5 years residence).

[T2ILR2012]

Thanks for looking into this Char.

You are absolutely right. I was granted ILR under T2 ICT Route, 5 years.

I'll look at getting an IHS reference number now.

Thanks again.