ILR Depedant Query

[KenBossini]

Hi All,

Apologies if this is not the right forum to pots this topic or if this topic is a repetition of an existing thread.

I received my ILR earlier this month. I was on Tier 2 (General) visa before ILR. My wife came to the UK last year as PBS dependant.

Immigration summary:

Me:
First Tier 2 visa validity: 20/08/2012 - 19/09/2015
First entry in the UK: 21/08/2012
Tier 2 visa renewal: 21/07/2015
Second Tier 2 visa validity: 21/07/2015 - 03/08/2018
ILR received: 21/08/2017

Wife:
PBS dependant visa validity: 07/07/2016 - 03/08/2018
First entry in the UK: 20/07/2016

I have following questions:

1. Can she continue on her current visa and apply for extension nearing its expiry? Or does she need to apply for extension immediately after I have received my ILR?

• In either case, I understand that there are two ways for her to extend her visa - PBS dependant and FLR(M). PBS dependant seems the better choice as she will qualify for ILR sooner compared to FLR(M) as she has already spent 13 months as PBS dependant in the UK. Is this understanding correct?

• For PBS dependant application, what documents need to be submitted? I could gather following from the guidance :
  a. My passport and her passport (original)
  b. My BRP and her BRP (original)
  c. Our marriage certificate (original, in English)
  d. Her bank statements proving that she has at least £630 in her account for last 90 days (original)
  e. My bank statements proving that I have at least £945 in my account for last 90 days (original)
  Does she need to submit any more documents?

Please share your thoughts.

Thank you,
K.

[CR001]

Can she continue on her current visa and apply for extension nearing its expiry? Or does she need to apply for extension immediately after I have received my ILR?

She can continue and apply for an extension shortly before her visa expires.

In either case, I understand that there are two ways for her to extend her visa - PBS dependant and FLR(M). PBS dependant seems the better choice as she will qualify for ILR sooner compared to FLR(M) as she has already spent 13 months as PBS dependant in the UK. Is this understanding correct

Yes, FLR(M) will reset her clock to zero so better to continue on PBS Dependent.

For PBS dependant application, what documents need to be submitted? I could gather following from the guidance :
a. My passport and her passport (original)
b. My BRP and her BRP (original)
c. Our marriage certificate (original, in English)
d. Her bank statements proving that she has at least £630 in her account for last 90 days (original)
e. My bank statements proving that I have at least £945 in my account for last 90 days (original)
Does she need to submit any more documents?

Proof of cohabitation and subsisting marriage for the two years prior to extension application.

[KenBossini]

Hi CR001,

Thank you for the prompt response. I have some follow up questions:

1. A solicitor told me that she would need to extend her visa immediately based on my current ILR if she wants to travel outside the UK as her current dependant visa is 'tied' to my previous Tier 2 visa and that would cause an issue while re-entering the UK. Have you heard of anything like this happening before?

3. "Proof of cohabitation and subsisting marriage for the two years prior to extension application."

Not sure if I missed this, but I was not able to find any details in the guidance along these lines. What documents can she provide as this proof? and how many documents are required usually?

Thank you,
K.

[CR001]

1. A solicitor told me that she would need to extend her visa immediately based on my current ILR if she wants to travel outside the UK as her current dependant visa is 'tied' to my previous Tier 2 visa and that would cause an issue while re-entering the UK. Have you heard of anything like this happening before?

This would ONLY be relevant if you had applied for ILR based on 10 years long residence. Your 'solicitor' is confused.

3. "Proof of cohabitation and subsisting marriage for the two years prior to extension application."

Not sure if I missed this, but I was not able to find any details in the guidance along these lines. What documents can she provide as this proof? and how many documents are required usually?

HO need to be sure your marriage is subsisting and you have been living together as a married couple (yes, you would be surprised how much abuse has occurred in the past). Google the FLR(M) form, page 63/64 gives good examples of what HO expect to see.

[KenBossini]

Thank you CR001. I understand that it is very important from HO's perspective to make sure that the marriage is genuine.

FLR(M) requires 6-12 documents, depending on whether the documents have both of our names or individually. It has a list of acceptable documents. It also mentions that the documents should be spread evenly over the whole period being relied on (I believe this the preceding two years period) and be from at least 3 different sources.

Q. Does that mean that for my wife's application some of the documents can be repeated, for example - 2 sets of bank statements, 2 sets of council tax bills and 2 sets of water rates bills spread evenly over the preceding two years period?

Q. Just out of curiosity, why is it that this information is specified explicitly in the FLR(M) form but entirely missing from the PBS depedant form?

Appreciate your kind help.

Thank you,
K.

[KenBossini]

Hi experts,

Can you please advise?

Thanks,
K.

[KenBossini]

Q. Does that mean that for my wife's application some of the documents can be repeated, for example - 2 sets of bank statements, 2 sets of council tax bills and 2 sets of water rates bills spread evenly over the preceding two years period?

Hi experts,

Can you please confirm my statement above?

Thanks,
K.