PBS dependant vs FLR (M) route

[cool_doc]

Dear Friends,
First of all thanks for providing us enriched information in other thread. I hope people can help me out with my query.

I am on Tier 2 (general), visa expiring in mid-Aug 2017.
Due for my ILR (5 years continuous period) in mid-Sept 2017. Hence, applying for an extension for Tier 2 (general) would probably get for 6 months extension.
Recently got married. I am in UK, and my wife is in India, (she has never been to UK).

So my questions are:
1. what would be best to apply for her (my wife) either Tier 2 dependent or should I wait until October and apply as a spouse after I get my ILR ?

2. As I am about to extend my Tier 2 visa in a couple of weeks, just wondering if I can apply for her as Tier2 dependent in the same application? How could that be possible as I am extending within UK and she has to apply from outside EU ?

3. If I ask my wife to apply separately, Do I have to inform my sponsor about it or need any letter from the sponsor. (I do have employment letter will that be sufficient) ?

4. For Tier 2 dependant, Criminal Clearance Certificate is needed. Is PCC (Police Clearance Certificate) issued by Passport office in India is enough or we need any other certificate. (My wife has never been outside India for more than 12 months, in past 10 years)

Thanks.

[CR001]

Your dependent can only apply after you get an extension. If you get ILR before she applies her tier 2 dependent dent visa will be refused as you cannot sponsor her on that visa if you have ILR. Probably easier to apply spouse settlement visa after ILR.

[cool_doc]

Your dependent can only apply after you get an extension. If you get ILR before she applies her tier 2 dependent dent visa will be refused as you cannot sponsor her on that visa if you have ILR. Probably easier to apply spouse settlement visa after ILR.

Hello CR001,

Thanks for the reply.
What I was thinking , I will apply for tier 2 extension and then she can apply on tier 2 dependant visa. And once in October when I get my ILR approved, I can apply for spouse dependent when her leave for tier 2 dependant visa finishes. Is that possible?

[CR001]

If she comes before you get ILR, she can stay and renew her PBS dependent visa. There is no need to switch to spouse settlement visa as this will also reset her clock to zero.

[cool_doc]

If she comes before you get ILR, she can stay and renew her PBS dependent visa. There is no need to switch to spouse settlement visa as this will also reset her clock to zero.

Thank you CR001.
If she comes before my ILR on PBS dependant visa (6month- 1year) and when my ILR is approved let say October, then isn't that she won't be able to extend further in PBS dependant category. So how is that possible to not to switch from PBS dependant visa to spouse settlement?

And it would be great if anyone can please help out with question nos 4, about Criminal Check Certificate?

Thanks.

[CR001]

If you get ILR based on 5 years tier 2, the rules permit her to xonti ie as a pbs dependent until she qualifiea for ilr.

She can switch to spouse settlement visa off she chooses.

[cool_doc]

Dear members,

There are few threads about dependant visa application, however, I was finding difficult to find my answers hoping someone will help me out with my queries.

Last week I got my ILR (5 year, tier 2 route). My wife came to UK 2 months ago on Tier 2 (PBS) dependant visa and her leave is expiring on 15th Feb 2018. Obviously, 2 months is not enough time even if my wife switches to FLR(M) or Family visa when ILR clock resets.

1. Can you please advise if she should remain in same visa category and apply for extension or switch to FLR(M) ?

2. What would be advantages and disadvantages in both the categories, if any

3. Previous application of PBS tier 2 (dependant) was on Shortage occupation basis - fee is less in that group, can she reapply in the same group ?

4. If she applies in PBS tier 2 (Dependant) will she get visa for 5 years straight?

5. I guess Health surcharge is the application in both application, please confirm?

6. Usually, after ILR, sponsor (Employer) take off COS number and reissue it or something but do I have inform them, that my wife would be on tier 2 dependant (PBS) for another 5 years (~4 years 10 months) before she applies for her dependant ILR.

Any response would be much appreaciated.
Thanks a lot.

[CR001]

It is not necessary to start a new topic asking similar questions again.

Topics merged now.

[CR001]

1. It is her/your choice if she continues on PBS Dependent or switch to FLR(M).

2. The cost is different. FLR(M) requires she meets the English requirement and you need to meet the financial requirement. PBS dep there is no English requirement or financial requirement other than maintenance funds.

3. Probably.

4. 3 years for an extension.

5. Yes, has to be paid for both, £600 for PBS Dependent and £500 for FLR(M).

6. No. Your wife is dependent on YOU, not your sponsor.

[cool_doc]

Thanks a lot.
Thanks for merging them together.
We will go by PBS dependant route as I feel that would be cheaper for us as we would apply by shortage occupation (fee structure) which will cost just 437 for 3 years + Health Surcharge.
But if we apply for more than 3 years , if that option comes while applying wont we get PBS for more years?
Or do you advise that even if the option comes in I should pay for upto 3 years fee?

Thanks.

[CR001]

But if we apply for more than 3 years , if that option comes while applying wont we get PBS for more years?

The immigration rules state that a PBS Dependent will get a 3 year extension if applying after the main PBS Dependent obtains ILR.