ILR documentation for PBS Dependent

[ilrapp01]

Hello,

I got my Tier 2 (General) visa issued from Nov 10, 2012. But my wife was added as a PBS Dependant on this Visa from Jan 14, 2013 as she already had her own Tier 1 General visa issued before that.

Basically, my wife was on an independent PSW Tier 1 visa from Nov 2011 till Oct 2012 and then she had an independent Tier 2 General Visa which was issued on 16th Oct 2012 before she switched to a dependant on my Tier 2 Visa. So although she is eligible for ILR based on her independent Tier 1 General visa and also lived continuously with me for 7 years in the UK she became a Tier 1 PBS Dependant from 14th Jan 2013 only.

There is no clear guideline from Home Office in this regard so please advise if I will go ahead with the application and can include my wife as a PBS dependant

Thanks

[CR001]

She needs 5 years residence as your dependent before she will qualify for ILR. So no, you cannot include her in your ILR application.

She qualifies for ILR no sooner than within 28 days before 14th January 2018.

[ilrapp01]

Thanks for the reply..it is quite unfortunate as I have ample proof that my wife and I have been continuously living together in the UK at the same address for the last 8 years.

I have actually booked a premium service next week as I need the ILR urgently for a personal reason. If we are applying together will they reject her application but approve mine? If that is the case I am ready to take the hit

[CR001]

Thanks for the reply..it is quite unfortunate as I have ample proof that my wife and I have been continuously living together in the UK at the same address for the last 8 years.

Makes no difference. She doesn't hold a visa in the correct category for 5 years to qualify for ILR as your dependent with you.

I have actually booked a premium service next week as I need the ILR urgently for a personal reason. If we are applying together will they reject her application but approve mine? If that is the case I am ready to take the hit

Yes they will refuse her application and you will lose her fee if you apply for her. If you qualify then you should granted ILR.

[CR001]

Specific PBS dependent Immigration rules in 319E below.

https://www.gov.uk/guidance/immigration ... ly-members

[ilrapp01]

Thanks again...

Does the same apply for a dependant child as well? It has to be 5 years and apply only after completion of 5 years - 28 days

Regards

[CR001]

The child will qualify for ILR at the same time as the mother.

[ilrapp01]

But my child was actually my PBS dependant all the way from 2010 when I had my PSW and then switched as my PBS dependant in 2012 Nov when I had my Tier 2 General and is my PBS Dependant till now.

I have 2 options -

1. Go ahead and apply for myself and my wife and child as dependant next week - in this case will my application and my child's application be granted while wife's one refused? This is acceptable since her PBS is valid till Oct 2018 and she can re-apply in Jan. But if they refuse application for both my wife and daughter that is too much of a cost.

2. Re-schedule my application to next year for all of us - chances of refusal is less but the only issue is that I am changing my job in Jan and it is based on the commitment that I get my ILR before that. So then that has to be shelved.

Which will be better one?

[ilrapp01]

Hello,

My wife is currently a PBS Dependant on a Tier 2 visa which is valid till Oct 2018. She has been a Tier 2 Dependant since Jan 2013. Before that she had a Tier 2 General visa from Sep 2012 till Jan 2013 before she switched into the Dependant category.

Now her employer is ready to provide her the letter required for ILR. I as the main Tier 2 General Visa holder will be eligible for ILR in Nov this year. But since my wife has already completed 5 years in the UK initially as a Tier 2 General and then as Tier 2 Dependant visa holder, can she directly apply for her ILR before me?

Also if she is not applying for her ILR now, can she continue as PBS Dependant when in Nov I switch my visa from Tier 2 General to ILR?

Thanks

[iworker]

she cant combine dependent and main application visas.
she doesnt need letter from employer
she needs to complete 5 years on dependent visa
she can stay on dependent visa even if u change to ilr, provided u obtain ilr on 5 years tier 2 basis and not ilr on 10 years long residence.

[CR001]

Topics merged. Starting a new topic with the same question you have already asked and received an answer to is not necessary.

[ilrapp01]

she cant combine dependent and main application visas.
she doesnt need letter from employer
she needs to complete 5 years on dependent visa
she can stay on dependent visa even if u change to ilr, provided u obtain ilr on 5 years tier 2 basis and not ilr on 10 years long residence.

Thanks for explaining..also my child will actually complete 5 year on PBS along with me as he was my dependant throughout. But is it better for the child to apply along with my wife rather than with me because by that time I will (hopefully) get my ILR but my wife still has to wait for 2 months. Applying with a single parent where the partner is not yet on ILR is tricky I heard somewhere

Regards

[vinny]

319J for child.

[ilrapp01]

Hello,

I have already received my ILR and my wife and child are supposed to apply for ILR in Jan 2018 from their current Tier 2 PBS Dependant visa as they will be completing the 5 year route by then.

Have some queries in this respect..if anyone can kindly respond -

1. Does my wife need to furnish any of her bank statements or any other financial document?

2. Does she need to submit any address proof or other proof of cohabitation?

3. Is the marriage certificate also required or the PBS Dependant visa itself is a proof? Because currently my marriage certificate is in my home country, although her passport shows my name as the spouse and also my child's birth certificate has both our names as parents

4. Is it required to compute the absences from the UK and furnish proof (air tickets etc)?

5. The continuous 5 years residence as PBS DEpendant - is it calculated from the grant of the visa or the actual entry in the UK. My wife entered the UK 3 weeks after getting her PBS Dependant visa

6. I will be eligible to become a British Citizen by Oct 2018. Can my wife also apply for her British citizenship at the same time given that we have lived together in the UK for 7 years. Or she needs to wait till the completion of her one year on ILR

Thanks

[secret.simon]

6. I will be eligible to become a British Citizen by Oct 2018. Can my wife also apply for her British citizenship at the same time given that we have lived together in the UK for 7 years. Or she needs to wait till the completion of her one year on ILR

She cannot apply with you for British citizenship. However, she can apply immediately after (i.e. she may not have to wait for a full year) your citizenship ceremony, as the spouse of a British citizen, provided she has ILR and meets the absence requirements for a spouse of a British citizen, etc.

[CR001]

4. Is it required to compute the absences from the UK and furnish proof (air tickets etc)?

List the absence. No need for evidence.

5. The continuous 5 years residence as PBS DEpendant - is it calculated from the grant of the visa or the actual entry in the UK. My wife entered the UK 3 weeks after getting her PBS Dependant visa

Counted from date of ENTRY to the UK for PBS dependents.

6. I will be eligible to become a British Citizen by Oct 2018. Can my wife also apply for her British citizenship at the same time given that we have lived together in the UK for 7 years. Or she needs to wait till the completion of her one year on ILR

No she can't. She will have to wait 1 year on ILR unless you are already British, then she does not have to wait 1 year on ILR.

[ilrapp01]

Thanks for your reply !!

Another question - when my wife and child will apply for their ILR, do they need to submit my original ILR Biometric Card as proof of dependants or a photocopy is sufficient?

Regards

[CR001]

If they apply by post, a certified copy of your BRP and Passport should be fine.

[ilrapp01]

Hello,

Thanks for the reply ! Actually they will apply through Premium Service. So maybe I should provide them my original BRP and Passport. If I recall, those were returned on the day itself after the approval of ILR

Regards

[CR001]

Hello,

Thanks for the reply ! Actually they will apply through Premium Service. So maybe I should provide them my original BRP and Passport. If I recall, those were returned on the day itself after the approval of ILR

Regards

Yes they are returned on the day.