How long should I extend Tier 2 general to be eligible for ILR

[AnnaNag]

Hi

I am currently on Indefinite leave to remain while my partner is still in Tier 2 dependent visa, she has completed 2 years and would like to go for another 3 years extension my question is regarding the maintenance fund

Whether it is enough for her to maintain 630 pounds alone or is it required of me to maintain 945 pounds as well for the period of 90 days?. I was sponsored by an A-rated sponsor before getting my ILR

Advance thanks for helping me out

[pere0026]

AFAIK she doesn't have to have anything and statement from U should be enough (at least it works for me)

[AnnaNag]

Hi

Just to clarify, you are saying she(the applicant ) doesn't need to show 630 as her maintenance fund but
her partner(the person with ILR) needs to show 945 in maintenance fund or did you mean it vice-versa
I was not able to understand

[CR001]

Either of you can and must show maintenance funds of £630 for 90 days.

[AnnaNag]

ok Thanks

[AnnaNag]

Hi

I am currently in ILR and my wife is in Tier 2 General dependent visa . The date of issue of her visa was 10-01-2017 and the date of expiry is 9 -11-2018 . Which comes to around 1 year and 10 months. The questions I have are
1 )How long should I apply for an extension for her to switch to ILR after this extension? If I apply for 3 years it will be like I need to apply for another extension? ( 3 + 1 year 10 months = 4 year 10 months). That will be like 2 months less than 5 years
2) What will be the last date for me to apply for an extension?If the date is 9 -11-2018 ( Is it 14 days before expiry)
3) Is the fees for extension by post 704? As per the revised fees in coming to effect in october 2018

[CR001]

1 )How long should I apply for an extension for her to switch to ILR after this extension? If I apply for 3 years it will be like I need to apply for another extension? ( 3 + 1 year 10 months = 4 year 10 months). That will be like 2 months less than 5 years

Apply for her extension by post just before her visa expires. The new visa will be issued from date of approval and it should help to close the small gap.

2) What will be the last date for me to apply for an extension?If the date is 9 -11-2018 ( Is it 14 days before expiry)

She can apply at any time up to the date her visa expires. Suggest apply a couple of days before 9th November.

3) Is the fees for extension by post 704? As per the revised fees in coming to effect in october 2018

Yes, plus £600 IHS fee.

Have you been maintaining the £630 maintenance funds??

[AnnaNag]

Hi
Thanks for the fast reply

we have been maintaining the 630 pounds for the past 3 or so months
Regarding the last day which is eligible for application

There was a clause in the PBS dependent guide which says that

54: Applications for leave to remain under the Points Based System will fall for refusal if you have overstayed on the date of application unless;

the application is made within 14 days of the applicant’s leave expiring and the Secretary of
State considers there is a good reason beyond the control of the applicant or their
representative, provided in or with the application, why the application could not be made in
time, the overstaying will be disregarded;


So does that mean that I have to apply before 14 days of the visa expiry

Also what happens if I apply by post and the visa is issued early that is within a month or so.
In that case, she will be just short of 1 month.

[CR001]

There was a clause in the PBS dependent guide which says that

54: Applications for leave to remain under the Points Based System will fall for refusal if you have overstayed on the date of application unless;

the application is made within 14 days of the applicant’s leave expiring and the Secretary of
State considers there is a good reason beyond the control of the applicant or their
representative, provided in or with the application, why the application could not be made in
time, the overstaying will be disregarded;


So does that mean that I have to apply before 14 days of the visa expiry

This specifically refers to applications submitted AFTER a visa has expired and not relevant to you.

You can apply for a visa extension at ANY time BEFORE her current visa expires.

Also what happens if I apply by post and the visa is issued early that is within a month or so.
In that case, she will be just short of 1 month.

She can apply for ILR within 28 days before the 5th anniversary of her initial visa ISSUE/START date. Postal is take 6-8 weeks at present.

[AnnaNag]

Ok Thanks

So I will apply for the visa before 9th November and hopefully, if the postal visa takes up to 8 weeks, then things are sorted. And as you said If I can apply for her ILR 28 days before completing her 5 year anniversary. It means I need to just worry about the remaining 12 days(3 weeks) which will be hopefully taken care of If I apply by post

Thanks and Regards
Annanag

[AnnaNag]

Hi

I a writing to update regarding my issue

We applied on 6-11-2018
We got her Brp and date of expiry is stating as 21-11-2021
For applying for ILR if we start from the Start date of visa[10-01-2017]
rather than the date of entry[10-02-2017], the total number of days will be
4 years 10 months 11 days
If 28 days before 5 years was to be calculated she would have been able to apply on
19-12-2021. It seems like she is short of around 30 days
Should I consult UKBA now to reconsider the end date or the only way around it is to apply for 3 years extension again before her visa expiry