PBS Dependent queries

[dhilipjack]

Hi Moderators and members,

Please accept my apologies if I'm posting a question which was answered earlier. I did spend good amount of time, but wasn't able to find the answer.

I have ILR through Tier 2 route and my wife is in Tier 2 dependent visa. Her time line as follows,

Arrived in UK - 06/14 - Tier 2
Left to India - 09/15 - Tier 2
Came back to UK - 06/16 - on new Tier 2 applied in India
Visa expires - 02/19

1. Her continuity is broken as she was absent from UK for more than 9 months. Therefore she can't apply ILR in 05/19. Is this right?

2. She needs to make an PBS dependent extension (Tier 2 - dependent route) application and get further leave. Is this right?

3. Do I have maintain funds? My sponsor was A rated, is this not enough?

Thanks.

[dhilipjack]

Could someone please help

[vinny]

When did her PBS dependant visa expire after she left for India?
When did she apply for a PBS dependant entry clearance from India?

[dhilipjack]

When did her PBS dependant visa expire after she left for India?
When did she apply for a PBS dependant entry clearance from India?

I was on Tier 2 General leave until 23/02/19 which was curtailed to 04/01/16 due to my redundancy. My wife also had leave until 23/02/2019 and curtailed to 04/01/16.

I made in time Tier 2 application and joined new employer. My wife travelled to India on 13/03/15 and got her dependent visa on 06/06/16.

[CR001]

Her clock reset in 2016, so she will only qualify for ILR in 2021, as she applied for her new entry clearance visa more than 28 days after the last one expired.

She will need an extension yes.

[dhilipjack]

Thank you both Vinny and CR001,

Yes, that’s clear that her continuity is broken therefore she is only eligible to apply for ILR in 2021.

Can you please help on my other query? I’m planning to apply for PBS extension before the new IHS charge comes into force.

Do I need to maintain £630 for 90 days or my A rated sponsor can write an letter to cover this. Please note that I have ILR now.

[CR001]

You need the maintenance as you now have ILR and your sponsor is no longer relevant.

[dhilipjack]

Thanks for the help.

I started maintaining recently (only 32 days so far), is there a way around to tackle this?

[CR001]

Thanks for the help.

I started maintaining recently (only 32 days so far), is there a way around to tackle this?

Thought her visa only expires in 2019??? So why are you asking about extending now???

Came back to UK - 06/16 - on new Tier 2 applied in India
Visa expires - 02/19

[dhilipjack]

CR001,

Yes you are right, she has leave until 02/19. I’m trying to extend now to avoid hefty IHS charges. Normally home office implements the new fees structure from April.

[CR001]

IHS charge increase is likely only coming into effect later this year. It has not been announced if and when the proposal will be implemented.

Without 90 days maintenance funds, the visa extension will be refused.

[dhilipjack]

Thanks for the help