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Spouse Visa Extension..Which Category

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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jackie_ash
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Spouse Visa Extension..Which Category

Post by jackie_ash » Mon Sep 10, 2018 1:44 pm

My Wife entered UK in June 2014 and at that time I was on Tier 2 general.
Please see the Visas she was granted and timelines.

Visa 1 - Jun 2014 to Nov 2015 (Tier2 Gen Partner) Applied from India
Visa 2 - Oct 2015 to Oct 2018 (PBS Dependant extension) from UK
Visa 3 - ?? (Which Category Should she apply) from UK


My Timelines:-

I received my ILR - Oct 2014
Applied Naturalization - Oct 2015
British Citizenship - Mar 2016
British Passport - Jun 2016
Son Born - Jun 2018
Son British Passport - Aug 2018


She has stayed in the country for 4 yrs 3 mths.
Now considering She has got just 9 mths left to qualify for ILR.
What is the Visa Extension category she must apply for.

If Someone can please clarify the doubts.
-Is FLR the only Option to apply if Yes which category of FLR is applicable in this case, (as there are multiple FLR Categories)
-What I understand is FLR is awarded for 5 yrs and applicant has to pay IHS for that period. Is that True
-Is there any provision to apply for extension for 1yr only as by that time she'll be eligible for ILR.

Will appreciate any response to the query.

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CR001
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Re: Spouse Visa Extension..Which Category

Post by CR001 » Mon Sep 10, 2018 1:50 pm

1. Did you get ILR based on obs route 5 years residence??

2. If yes to 1 above, she can extend her visa as obs dependent. She can apply for a 3 year extension.

3. No. Flr m visa is Not issued for 5 years, it is a 2.5 year visa. If you do this application, it will reset her clock to zero.

4. No there is no option to apply only for a 1 year extension as a obs dependent. The rules state it will be a 3 year extension.
Char (CR001 not Casa)
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jackie_ash
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Re: Spouse Visa Extension..Which Category

Post by jackie_ash » Mon Sep 10, 2018 2:23 pm

First of all thanks for the prompt reply..

Slightly confused about the term "OBS" Is it is same as PBS?
Please Clarify

1:- Yes, that's correct I got my ILR based on continuous 5Yrs Stay on Tier2 (Gen) PBS.
2:- 3Yr extension , That is the best Option i suppose .
3:- Definitely don't want to do that..(as she has stayed around 4.5 yrs in UK)
4:- Please can you suggest the appropriate link or information page to the OBS 3yr Category.
Also in this Visa category is she eligible to apply for ILR once she has completed her total 5yr stay
in the UK?

*Also Do I still have to pay for IHS separately for this?
*The Visa Application through gov.uk website doesn't give the Option to choose the Visa Category.
Is there any other way of doing it.

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CR001
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Re: Spouse Visa Extension..Which Category

Post by CR001 » Mon Sep 10, 2018 2:43 pm

Sorry yes. It is PBS dependent visa.

4. https://www.gov.uk/tier-2-general/family-members

Once she reaches 5 years or shortly before that, she can apply for ILR if she meets the requirements.

Ihs should be part of the online process. It will be £600.

See link above.

Have you maintained £630 for 90 days for the maintenance fund requirement?
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jackie_ash
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Re: Spouse Visa Extension..Which Category

Post by jackie_ash » Mon Sep 10, 2018 10:05 pm

Thank You very much for your response!

Yes Maintenance Funds shouldn't be an issue.
Thanks Again.

jackie_ash
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Re: Spouse Visa Extension..Which Category

Post by jackie_ash » Tue Sep 11, 2018 8:43 pm

Based on the guidance provided on the PBS dependant Visa Extension.
I've filled the Visa application and now ready to pay the IHS fees.

Now this is where it gets little confusing.
As per the Home Office Guidelines..

"If you are applying as the dependant of a person who has indefinite leave to remain, or British Citizenship, you should read
this guidance as if they were still in their last PBS immigration category. For example if the person
with indefinite leave to remain last held PBS leave in Tier 1, you should read the guidance as if you
are applying as the dependant of a Tier 1 migrant. "



Image

Questions:-

What should i mention in the visa expiry date?
I applied ILR on Oct 2014 based on my PBS (Tier 2) Visa which was due to expire in Nov 2015.
(But the IHS Portal will not accept a previous date)
Now I have British Passport so Visa Expiry Date is irrelevant.
Should I provide my Passport expiry date which is Jun 2026?

Which passport details should i mention?
Should I provide my British passport Number?
Or the Indian Passport Number which i had during that time?
*The Indian passport was cancelled and denounced when I was naturalized as British Citizen.

Incorrect information provided for IHS can lead to Visa being rejected.
Hence concerned about filling the correct details.
Appreciate Any guidance on this..
I'm sure I'm not the only one in this situation.

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CR001
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Re: Spouse Visa Extension..Which Category

Post by CR001 » Wed Sep 12, 2018 2:15 pm

You state your British passport details. You are no longer an Indian passport holder.

You calculate your 'expiry date' 3 years ahead to get the correct IHS fee of £600.
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Re: Spouse Visa Extension..Which Category

Post by jackie_ash » Wed Sep 12, 2018 2:20 pm

CR001 wrote:
Wed Sep 12, 2018 2:15 pm
You state your British passport details. You are no longer an Indian passport holder.

You calculate your 'expiry date' 3 years ahead to get the correct IHS fee of £600.
Brilliant,
Many Thanks for the info..Appreciate your response.

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