Tier 2 PBS dependant + Skilled work hours = Ilr eligible?

[SHK8180]

Hi Team,

My Partner is on Tier 2 General Visa (from July 2018) and will be completing 5 yrs on 1st July 2023 (eligible for ILR from early/mid June 2023) and her current Visa is valid until 1st July 2023.

I have joined her as PBS dependant in October 2018 and my current visa end date is also 1st July 2023.

Question: For me to be eligible for ILR I need to have valid visa until Sep end 2023 but as mentioned my visa ends on 1st July

Open options as per my understanding :-

Option 1:- My partner applies for extension for her visa and my visa and we together apply for ILR after Sep 2023

Option 2:- If my partner applies for ILR in June 2023 (as she is eligible) and my current company is ready to raise skilled worker visa from July 1st 2023, will my PBS dependant time + New skilled worker visa time be counted towards ILR?

Note :- I will be completing 4 years and 9 months as PBS dependant and planning to get my own Skilled worker Visa raised to contribute towards the rest of the 3 months to make it 5yrs (ilr eligibility clock)


Thanks in advance

[CR001]

Option 1:- My partner applies for extension for her visa and my visa and we together apply for ILR after Sep 2023

Yes, you could do that. A 6 month or 1 year extension is all that would be required.

Option 2:- If my partner applies for ILR in June 2023 (as she is eligible) and my current company is ready to raise skilled worker visa from July 1st 2023, will my PBS dependant time + New skilled worker visa time be counted towards ILR?

If you switch to a Skilled Worker visa, your 5 year ILR clock resets to zero. You cannot combine PBS Dependent time with PBS main visa time to make up 5 years for ILR.

Note :- I will be completing 4 years and 9 months as PBS dependant and planning to get my own Skilled worker Visa raised to contribute towards the rest of the 3 months to make it 5yrs (ilr eligibility clock)

Why don't you do simply extend your current visa instead of switching visa categories and resetting your ILR clock??

[SHK8180]

@cr001:- Thank you, I was in assumption that PBS dependant and skilled worker visa both will count towards the 5 yr clock.

Couple of reasons for trying different options :-

1:- I was trying to avoid paying Visa extension fees, IHS fees for my partner as she will be eligible for ILR before the current visa ends

2:- I heard that the minimum extension will be a 3 year extension and there is no short term visa extension like 6 months or 1 years, meaning 3 yrs visa fees + 3 yrs IHS fees (assume I can claim back 2 yrs IHS fees after successful ILR application)


Follow up question :- If my partner applies for Visa extension and let’s say we receive 3 yrs extension visa.

can she still apply for ILR in June 2023 (being a primary visa holder) and can I continue on the same visa until Sep 2023 end? Is this a valid scenario? (Or) Is it as soon as the primary visa holder changes to ILR the Tier 2 visa will be invalid ?

Note:- we have 18 months baby born in UK (July 2021)- do we need to file for his extension as well ?

[CR001]

I was in assumption that PBS dependant and skilled worker visa both will count towards the 5 yr clock.

They do not. They are two different visa categories with different immigration rules. You can only combine different visa categories for ILR based on 10 years long residence.

1:- I was trying to avoid paying Visa extension fees, IHS fees for my partner as she will be eligible for ILR before the current visa ends

They apply for ILR, you apply for a 3 year PBS Dependent extension then. You work out how much a 6 month or 1 year extension for both of you are vs a 3 year dependent extension just for yourself.

2:- I heard that the minimum extension will be a 3 year extension and there is no short term visa extension like 6 months or 1 years, meaning 3 yrs visa fees + 3 yrs IHS fees (assume I can claim back 2 yrs IHS fees after successful ILR application)

For a dependent visa extension, yes, it is a 3 year extension and you cannot choose a lesser time. No, you cannot claim IHS back if you get ILR, this is clearly stated on the UKVI website.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain

Follow up question :- If my partner applies for Visa extension and let’s say we receive 3 yrs extension visa.

The length of extension is COMPLETELY dependent on the length of the CoS her employer agrees to.

can she still apply for ILR in June 2023 (being a primary visa holder) and can I continue on the same visa until Sep 2023 end?

Yes and yes.

Is this a valid scenario? (Or) Is it as soon as the primary visa holder changes to ILR the Tier 2 visa will be invalid ?

No!!

Note:- we have 18 months baby born in UK (July 2021)- do we need to file for his extension as well ?

No, but once the childs visa expires, they become an overstayer and have no access to free NHS service. Expect questions from UKVI if the child does not apply and has held a pbs dependent visa. Not having a valid visa does NOT affect the entitlement of the child to register as British once either parent obtains ILR though.

[SHK8180]

“They apply for ILR, you apply for a 3 year PBS Dependent extension then. You work out how much a 6 month or 1 year extension for both of you are vs a 3 year dependent extension just for yourself.”

Let us assume my Partner (primary Tier 2 visa holder) received CoS from her company but she applies ILR in June 2023, and am I even allowed to make an PBS dependant application in July 2023 ?

Will my application not be rejected as the primary Visa holder is no more on Tier 2 visa? I think I will be having option to apply as ILR dependant as my partner applied ILR (assuming we get her in super priority visa)

[CR001]

The rules allow a pbs dependent to extend their visa for 3 years once the main pbs migrant gets ILR!!