ILR (Tier 2 route) and PBS dependant application

[ak_CR7]

Currently I’m on Tier 2 General visa and due to complete 5 years in mid November 2017. For me it’s straight forward ILR application but I’m confused about my wife. She is Tier 2 Dependant but she hasn’t completed 5 years and she joined me after a year after my first Tier 2 application. So she has a year to go to complete 5 years stay.

What can be done in this situation:

1. Apply for my ILR application and leave her status as Tier 2 dependant and wait till she completes 5 years?

2. WRT to point-1, as I won’t be on Tier 2 General any more, does her visa as Tier 2 dependant remains valid? Or I need to apply for PBS dependant extension ?

3. I can’t find specific form for PBS dependant for Tier 2 dependant, but there is one for Tier 1 and there is SET O form which is used for ILR application.
3.1 Do I need to use same form (SET O) for my wife’s PBS dependant application?
3.2 If I put my wife as dependant on same form then her application will be rejected as she hasn’t completed 5 years. In this case, should I have to use SET O form for both but separately?
3.3 Also if I use SET O for PBS dependant application, there is no option to pay IHS surcharge. So not sure if it is correct form? However in the form it is mentioned it can be used for PBS dependant but still not sure. Please guide me with correct form. It would be great if someone can send link.

4. Is it possible to apply for ILR (Tier 2 route) and PBS dependant together on Same day premium service? If so, how?

Could please anyone suggest.

Thanks in advance.

[CR001]

1. Apply for my ILR application and leave her status as Tier 2 dependant and wait till she completes 5 years?

Yes. She will need an extension if her current visa does not reach 5 years from the date she ENTERED the UK.

2. WRT to point-1, as I won’t be on Tier 2 General any more, does her visa as Tier 2 dependant remains valid? Or I need to apply for PBS dependant extension ?

It remains valid until the current expiry date.

3. I can’t find specific form for PBS dependant for Tier 2 dependant, but there is one for Tier 1 and there is SET O form which is used for ILR application.

It is an online form only for a Tier 2 dependent visa extension. You don't state when her visa expires??

3.1 Do I need to use same form (SET O) for my wife’s PBS dependant application?

No, she is NOT applying for ILR.

3.2 If I put my wife as dependant on same form then her application will be rejected as she hasn’t completed 5 years. In this case, should I have to use SET O form for both but separately?

It will be refused and you will lose the fee. She is NOT applying with you. She MUST apply separately for a Tier 2 dependent extension.

3.3 Also if I use SET O for PBS dependant application, there is no option to pay IHS surcharge. So not sure if it is correct form? However in the form it is mentioned it can be used for PBS dependant but still not sure. Please guide me with correct form. It would be great if someone can send link.

You cannot use Set(O) for your spouse. See link below for the correct online form.
https://visas-immigration.service.gov.u ... nt-partner

Pay IHS separately to avoid problems with the amount the online visa form creates.
https://www.gov.uk/healthcare-immigrati ... cation/pay

4. Is it possible to apply for ILR (Tier 2 route) and PBS dependant together on Same day premium service? If so, how?

Yes. Two separate appointments a couple of hours apart, yours first and then hers later.

Have you maintain funds for the required period for her extension?

[ak_CR7]

Hi

CR001,

Thanks for your prompt reply. Much appreciated.

Things are much clear now - just couple of questions regarding my points 1,2 and 3.

1. My wife is on Tier 2 dependant visa and it expires December 2018. And she will be eligible (completing 5 years) in November 2018.
So now when I do ILR application, do I need to apply for my wife's extension too on PBS dependant visa? OR
I can wait till November 2018 when she becomes eligible and apply for ILR ?
Her current visa will be valid as I won't be on Tier 2 anymore?

2. During her stay with me (total 4 years till date), she has not been in the UK for 2 years. Like she has been coming from time to time and going back Back home as she has to take care of my ill dad too. At one time she was away for more than a year.
Will that make her ILR case complicated ?
I can't find anything regarding PBS dependant absences.

(Maintaining funds is not an issue - so haven't mentioned)

Please guide me.

Thanks.

[iworker]

she will be eligible in nov 2018.
you can apply your ilr and do nothing to her visa.
As per current rules, she can be out of country for as long as she can, but u can have trouble proving that you are living together and that she wants to make uk her permanent home.

[ak_CR7]

Thanks iworker for the help. Much appreciated.

CR001, any suggestion/ comments for point-2 above regarding dependant absences?

Thanks

[CR001]

There is NO absence limit.it for PBS dependent.