PBS dependant , ILR application but short of 34 days for 5 years

[Strength1]

Hi ,

I wonder someone can help here.

My wife was granted her first visa on 18th feb 2013 as tier 1 general partner, for 2 years

She then had extension along with main applicant on 13-1-2015 for another 3 years.

Now her visa is expiring on 13-1-2018. Technically we have had 5 years of visa and eligible for ILR.

Reading online, it’s states applicant must have 5 years residence prior to applying for ILR. IT also states that application can made 28 days before the expiry date.

In summary, her total residence has been short of 34 days in 5 years.

What should be our next step ? Can we apply for ILR ?

Would really appreciate any support or guidance that could be offered.

Regards

[makky86]

Hi ,

I wonder someone can help here.

My wife was granted her first visa on 18th feb 2013 as tier 1 general partner, for 2 years

She then had extension along with main applicant on 13-1-2015 for another 3 years.

Now her visa is expiring on 13-1-2018. Technically we have had 5 years of visa and eligible for ILR.

Reading online, it’s states applicant must have 5 years residence prior to applying for ILR. IT also states that application can made 28 days before the expiry date.

In summary, her total residence has been short of 34 days in 5 years.

What should be our next step ? Can we apply for ILR ?

Would really appreciate any support or guidance that could be offered.

Regards

Wat is your wife's date of entry in the UK?

Whats your current status?

[Strength1]

Hi , thank you for replying.

Wife entry date is 28th feb 2013.

I’m a british citizen and have obtained citizenship in April 2016.

[makky86]

Hi , thank you for replying.

Wife entry date is 28th feb 2013.

I’m a british citizen and have obtained citizenship in April 2016.

For pbs-dependants ILR qualifying time starts sfrom the date of entry not the date of issue

your wife entered in teh UK on 28th Feb 2013 so basically she will be complete 5 years on 28th Feb 2018.

She can apply on/after Wednesday, 31 January 2018 (within 28 days of qualifying time)

https://www.timeanddate.com/date/datead ... ad=28&rec=

As far as my understand, wait for experts opinion as well, here is what you can do

Apply for extension on 13/01/2018 by post it takes weeks to get biometric once its 31th Jan 2018 just vary the application to ILR. This way you can save alot of money because unfortunatly you cannot select less than 3 years when applying for extension for pbs dependant

Information on Varying

https://www.gov.uk/government/publicati ... procedures

Remember while application is pending for extension her stay will be legal and be covered under section-3c and she is eiligible for varying

[Strength1]

Thank you, it is appreciated.

[10020132]

I agree with makky86

[Strength1]

Thank you everyone for all the help so far.

Few more questions, please.

1) Are we subject to pay that NHS fees ?

2) will that fee be refundable when we vary application?

3) in extension application , once we recieve the biometric and I assume it will have 10-14 days for completion, do we hold on doing that or complete the biometric and send the info back and then Vary the application.

4) I assume there is no requirement for maintaining funds for extension ? Except the salary threshold.

5) what document should I be submitting with extension ? And will I be reference those document in vary (ILR application) , as most of them will be sent originals.

Sincere thanks to everyone that are offering valuable and generous guidance on this forum. It helps a lot.

[makky86]

1) Are we subject to pay that NHS fees ?

Yes when you apply you'd need to pay NHS free

2) will that fee be refundable when we vary application?

Yes, when you vary then you can ask for refund

3) in extension application , once we recieve the biometric and I assume it will have 10-14 days for completion, do we hold on doing that or complete the biometric and send the info back and then Vary the application.

Yes, but before you even get the biometric you'd have completed the time required. It takes 1-3 week to get biometric

[Strength1]

Makky86, you’re a kind person. Thank you for your valuable time.

[Strength1]

Makky86, Would you have any template letter ( sent to home office) requesting to vary application, please.

Additionally, all the documents that are sent with extension application (Ie original passport, biometric card, kids birth certificates, marriage certificate etc), would I just have to make a reference in the letter to advise the home office of that?

Thank you, in anticipation.
Regards,

[makky86]

Makky86, Would you have any template letter ( sent to home office) requesting to vary application, please.

https://www.gov.uk/government/publicati ... procedures

https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

Page 17

Download the form here and read the guidance notes

Additionally, all the documents that are sent with extension application (Ie original passport, biometric card, kids birth certificates, marriage certificate etc), would I just have to make a reference in the letter to advise the home office of that?

When you vary you have to wait for ome office to accept your variation. They already would have all the documents. Google yo'll find alot of threads

[Strength1]

Dear Makky86,

Thank you for the help you have offered thus far. I have not had further guidance offered other than yours, so I will follow the step and apply for the extension first and by 31st Jan 2018, vary the application to ILR.

Confusion around the application form for the extension, I have checked online and it appears 2 x forms looks appropriate.

FLRM and PBS tier 1 or 5 dependant. Which would apply in our case?

I am British CItizen and acquired citizenship in March 2016. ILR was granted March 2015.

Thank you once again.

[CR001]

Tier 1 dependent.

FLR(M) will reset her clock for ILR to zero.

Did you get ILR based on tier 1 and 5 years residence?

[Strength1]

Hi CR001,

Thank you for your reply. I was a Tier 1 general candidate and got the residency on 5 years route.

SO this will be the correct form for wife extension who is currently on PBS dependant tier 1? :
https://www.gov.uk/government/publicati ... -dependant

I have quickly reviewed this form, and in section L- Public funds page 27, "have you ever public funds". and in L4, it states about child benefits. We have been claiming child benefit, will this jeopardise the integrity of our application? or should we say no public funds claimed?

Thanks, appreciate all the help and support.

Best Wishes,

[CR001]

Correct form yes.

If you are claiming child benefits in YOUR name only, then no issue.

[Strength1]

Thank you, much helpful.

[ramimpdocs1]

Rules are changed on 12th Jan 2018 and considering the visa issued date for the PBS Dependent if travel to UK with in 3 months.. Earlier it's only for Main applicants.

[Strength1]

Hi ramimpdocs1,

Please ,Could you kindly post a link for a rule change for pbs dependant in relation to continuous period calculation.

Thanks

[CR001]

Hi ramimpdocs1,

Please ,Could you kindly post a link for a rule change for pbs dependant in relation to continuous period calculation.

Thanks

uk-tier-1-general-visas/ilr-through-tie ... l#p1583820

[sanml]

Hi ramimpdocs1,

Please ,Could you kindly post a link for a rule change for pbs dependant in relation to continuous period calculation.

Thanks

Hi Strength1

Could you suggest what happened with your application and the status for our reference please?
P.S: My wife case is similar & looking for references.

[srivisaN]

Hi ramimpdocs1,

Please ,Could you kindly post a link for a rule change for pbs dependant in relation to continuous period calculation.

Thanks

uk-tier-1-general-visas/ilr-through-tie ... l#p1583820

Hi CR001,

As per the last comment in the above link/post, do the PBS Dependant need to reside in UK with Main Applicant for 5 years (even after considering the start date of qualification for ILR is visa issue date)

[CR001]

Yes, but don't confuse the residence requirements with the concessions to apply for ILR slightly earlier than 5 years.