Tier-2 PBS Dependent route to ILR

[phill]

Hello everyone. I just wanted to seek some advice regarding our situation please. I am currently on a tier 2 visa and my wife has a dependent visa. I will be applying for ILR in January 2018. I understand that my wife has to spend 5 years in the UK (because the visa was applied and granted after July 2012) before she qualifies to apply for an ILR which will be in Aug 2019 as she came to UK in Aug 2014. So, my questions are:

1. When I apply for ILR, what will happen to my wife's tier 2 dependant visa (dependant visa expires in Feb 2019)? Will it become invalid as soon as I get ILR?

2. How will she finish her 5 yrs tenureship in the UK to be eligible for ILR? What is the quicker and lease expensive route for this, please?

Thanks in advance

[CR001]

1. When I apply for ILR, what will happen to my wife's tier 2 dependant visa (dependant visa expires in Feb 2019)? Will it become invalid as soon as I get ILR?

No it won't. If you apply for ILR based on Tier 2, then your wife can continue on her existing visa and extend it as PBS dependent until she qualifies for ILR on Set(O).

2. How will she finish her 5 yrs tenureship in the UK to be eligible for ILR? What is the quicker and lease expensive route for this, please?

Extend her Tier 2 Dependent visa. There is no 'quicker' route. The 'cheaper' route on FLR(M) will reset her clock to zero and she will have to wait another (new) 5 year period on FLR(M) before qualifying for ILR on Set(M).

[phill]

No it won't. If you apply for ILR based on Tier 2, then your wife can continue on her existing visa and extend it as PBS dependent until she qualifies for ILR on Set(O).

Thanks so much for your quick response. In that case, a few more questions please,

1. My Visa was initially granted in Feb 2013, so max 6 years is till Feb 2019 only.

2. But she will qualify only in Aug 2019 as she moved to UK in Aug 2014 (Visa granted in July 2014). I am asking this because we already renewed (extended- 3+max3) till Feb 2019 (max 6-years). Will they allow to extend till Aug 2019 again for my wife so that she will be eligible for ILR to apply with SET(O)?

3. If yes, which form? What's the procedure please? Because, I will not be on Tier-2 at the time my wife applies for extension.

Sorry for asking questions again. Please let me know when you get time.

Extend her Tier 2 Dependent visa. There is no 'quicker' route. The 'cheaper' route on FLR(M) will reset her clock to zero and she will have to wait another (new) 5 year period on FLR(M) before qualifying for ILR on Set(M).

Thanks a lot. Got it

[CR001]

2. The 6 year cap does not apply to PBS dependents.

3. Tier 2 Dependent which is an online form only. Same process as before except she is applying alone. See PBS Dependent guidance notes (click)

See also dependants-of-ilr-economic-5-year-route-applicants (click)

[phill]

Thanks so much for your reply and the links. I have few more questions please:

In the guidance link you sent, it says:

Periods of grant
We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave, except where the PBS migrant has been granted indefinite leave to remain. In these cases, we will grant you a period of three years leave. An application for further leave may then be made if required to take you up to the applicable qualifying period for indefinite leave to remain.

1. So, in my wife's case, will they extend again for 3 years or Just 1 year (as her visa expires in Feb 2019 and will be eligible for ILR in Aug 2019). I am asking this because of the extra health surcharge fees I will have to pay if they extend for 3 years.

2. Is there a new requirement of maintenance for Tier-2 PBS dependent extension? (as I don't remember showing this maintenance funds for previous extension)

3. What if, I change job after getting ILR? In this case, will this PBS dependent extension independent of the Tier-2 sponsor? So, the main question is - Do I have to stay with same Tier-2 sponsor until my wife gets ILR?

4. Just to confirm, does she need to apply using SET (O) form when she becomes eligible for ILR?

[CR001]

1. 3 year extension

2. There has always been a maintenance fund requirement for PBS dependents.

3. No effect if you change jobs.

4. Yes

[phill]

Wow, super quick response. Thanks a lot!! One last question please:

1. 3 year extension

Once the health surcharge is paid, I assume that they won't refund the health surcharge for rest of the extra leave under PBS dependent extension (as she will be granted ILR in Aug 2019 and people with ILR don't have to pay health surcharge?). Just wondering...

[CR001]

Probably not as HO is not forcing you to apply for ILR. You can request a refund once ILR is granted though, but whether you get it is another story.

[phill]

Thanks so much for all the answers

[CR001]

You're welcome

[phill]

Sorry, I have 3 more questions. Please let me know if I need to post this in some other forum:

1. Which category should a PBS dependent applying for ILR (SET-O) select from: http://www.naric.org.uk/visas%20and%20n ... ister.aspx
Is it:
Immigration Tier: Family, Settlement and Nationality?
Immigration Route: Settlement?
or Tier-2 General category?

2. Is there a validity period for this NARIC certificate? Just because, it will be better to get it done sooner than later if at all they increase fees for this service.

3. Is there a validity period for LIUK test? Same as before, just because, it will be better to get it done sooner than later if at all they increase fees for this service, change syllabus, book etc.

[CR001]

1. For ILR it will be settlement yes. You will need to keep an eye on the language requirement as HO do make changes.

2. Not sure. The fees are not HO related, but dictated by NARIC.

3. LIUK does not have an expiry date. Fee has been £50 since it was introduced many years ago.

[phill]

Thanks so much

[phill]

Hi Char,

Thanks for all the advice. I got my ILR last month and applied for my son's MN1 registration+passport

I have following queries please (I did search in the groups but got mixed answers):

1. For my wife, the dependant visa expires in Feb 2019 and she will be eligible for ILR in August 2019 after completing 5 years . How early can she apply for Tier-2 dependant extension? I understand that 28 days before the expiry date is ideal. Just checking because if we want to travel in December, prefer to get this done sooner and extension is anyways 3 years as you explained before.

2. For the above Tier-2 dependant extension application, do we need to show maintenance funds of £630 for 3 months in account? I know you said Yes before but I got mixed answers when I searched online.

3. For my wife, is the ILR eligibilty 28 days before her VISA was stamped or 28 days before she entered UK on that VISA?

4. I am planning to apply for my BC in Feb 2019, so if I get my BC sorted by August 2019, Can my wife apply for BC (as a partner of BC- under 3 years residency requirement) immediately after he gets ILR or does she need to wait another year to apply for BC in August 2020 (under 5 year residency requirement) because she got ILR as a Tier-2 Dependent? Is there some restriction like that?

Please could you provide some official links which confirms answers for 1,2,3 and 4 if possible? Not urgent, so please respond when you get time. Thanks.

[CR001]

1. For my wife, the dependant visa expires in Feb 2019 and she will be eligible for ILR in August 2019 after completing 5 years . How early can she apply for Tier-2 dependant extension? I understand that 28 days before the expiry date is ideal. Just checking because if we want to travel in December, prefer to get this done sooner and extension is anyways 3 years as you explained before.

She can apply earlier if there are travel plans, should not be an issue.

2. For the above Tier-2 dependant extension application, do we need to show maintenance funds of £630 for 3 months in account? I know you said Yes before but I got mixed answers when I searched online.

Yes, you have to show maintenance funds for 90 days.

3. For my wife, is the ILR eligibilty 28 days before her VISA was stamped or 28 days before she entered UK on that VISA?

Either.

4. I am planning to apply for my BC in Feb 2019, so if I get my BC sorted by August 2019, Can my wife apply for BC (as a partner of BC- under 3 years residency requirement) immediately after he gets ILR or does she need to wait another year to apply for BC in August 2020 (under 5 year residency requirement) because she got ILR as a Tier-2 Dependent? Is there some restriction like that?

She can apply immediately IF you are already British at that point.

[phill]

Wow...Super quick...Thanks

For my wife, is the ILR eligibilty 28 days before her VISA was stamped or 28 days before she entered UK on that VISA?

Either.

Obviously, would like to apply sooner, so will go for 28 days before VISA was stamped. I asked this because, I just checked her first VISA stamp date and it was granted in July 2014 - we got married in July and got her dependant VISA in July itself. So, basically, we were not married 28 days before her VISA was stamped Also, she was not in the UK at that time. She came to UK in August 2014.

So, just curious whether is it still OK to apply in June 2019 (28 days before first VISA stamp date- July 2014).

[CR001]

Wow...Super quick...Thanks

For my wife, is the ILR eligibilty 28 days before her VISA was stamped or 28 days before she entered UK on that VISA?

Either.

Obviously, would like to apply sooner, so will go for 28 days before VISA was stamped. I asked this because, I just checked her first VISA stamp date and it was granted in July 2014 - we got married in July and got her dependant VISA in July itself. So, basically, we were not married 28 days before her VISA was stamped Also, she was not in the UK at that time. She came to UK in August 2014.

So, just curious whether is it still OK to apply in June 2019 (28 days before first VISA stamp date- July 2014).

My understanding is that dependents can now also apply using the visa stamp date, part of the recent changes.

[phill]

Many Thanks, Char

[sathyamstr]

Hello all,
I am in the same route and trying to fill the application form (family route) which has been asking me about the leave details, Financial requirement's, English language requirement etc...

Could you please provide me the application link for PBS Dependent extension (Tier 2 General) where the main applicant has received the ILR.

Thanks a lot for the help and appreciate your response.
Satya

[CR001]

Hello all,
I am in the same route and trying to fill the application form (family route) which has been asking me about the leave details, Financial requirement's, English language requirement etc...

Could you please provide me the application link for PBS Dependent extension (Tier 2 General) where the main applicant has received the ILR.

Thanks a lot for the help and appreciate your response.
Satya

Can you please continue your PBS Dependent extension questions in your own topic you already have in the Tier 2 sub forum. This topic is regarding ILR.

uk-tier-2-employer-sponsored-visas/main ... l#p1580085

[phill]

Hi Satya, Online Application link is: https://visas-immigration.service.gov.u ... nt-partner

But Char is the expert on this topic. So, I will let her confirm.

[Canopus]

Hi Char. Many thanks for all of your very helpful inputs! I just had one small comment.

Yes, you have to show maintenance funds for 90 days.

I have just applied for PBS Dependant extension with my partner for their Tier 2 General Extension and neither of us had to show maintenance. We applied together online.

Under the heading "Information you do not have to provide" our copy of the application says: "You do not need to prove maintenance because you have current leave in Tier 2 (General) leave to remain"

I hope this proves helpful to everyone here.

Kind regards

[CR001]

Hi Char. Many thanks for all of your very helpful inputs! I just had one small comment.

Yes, you have to show maintenance funds for 90 days.

I have just applied for PBS Dependant extension with my partner for their Tier 2 General Extension and neither of us had to show maintenance. We applied together online.

Under the heading "Information you do not have to provide" our copy of the application says: "You do not need to prove maintenance because you have current leave in Tier 2 (General) leave to remain"

I hope this proves helpful to everyone here.

Kind regards

The Original Poster in this topic already holds ILR and is apply for an extension for his dependent only, therefore as far as I understand, maintenance fund is required for 90 days for a PBS Dependent extension.

[Canopus]

Thanks, Char! Knowing this will be helpful in our future application. Cheers