Immigrationboards.com

Posted: **Tue Jan 31, 2017 4:42 pm**

Hello All,
Let me give my situation before asking a few questions.

My husband is on a 5 year Tier 2 General PBS Migrant system. His first job visa was from April 2013 to June 2015. He changed his job in June 2015 and hence the visa is now valid till May 2018. He will be applying for ILR in April 2018.

I came to UK on 11 May 2014 as Tier 2 Dependant(afer my marriage to him). My current visa will expire on same day as my husband's, i.e May 2018(since this is my second visa due to my husband's change of job).
I am aware that I am not yet eligible for ILR. While my husband is applying for ILR, what will be my status? Do I apply for continuation as PBS Migrant before he applies for ILR? If yes, will I get visa extension considering his visa also expires in May?

If not, should I wait for his ILR decision to be made before I apply for my extension?

Which form should I apply for extension? PBS dependant or FLR(M)?

P.S I am staying currently in UK with my husband and have abided by all immigration rules regarding absence from UK as such.

Thanks,
Daya

Posted: **Tue Jan 31, 2017 4:50 pm**

daya.a.desai wrote:I am aware that I am not yet eligible for ILR. While my husband is applying for ILR, what will be my status? Do I apply for continuation as PBS Migrant before he applies for ILR? If yes, will I get visa extension considering his visa also expires in May? You can apply for a PBS extension once he has ILR or on the same day, different appointment, as his ILR application. The rules allow you to continue on yoru existing visa path.

If not, should I wait for his ILR decision to be made before I apply for my extension? Yes, or if applying in person, both on the same day, different appointments.

Which form should I apply for extension? PBS dependant or FLR(M)? No, FLR(M) will reset your clock to zero. Apply on Tier 2 G dependent form which is online only (at present).

Posted: **Tue Jan 31, 2017 5:02 pm**

Thank you for the clarification. I will apply as PBS dependant on same day as his ILR application seeking permission to stay in UK.

Posted: **Tue Jan 31, 2017 5:18 pm**

daya.a.desai wrote:Thank you for the clarification. I will apply as PBS dependant on same day as his ILR application seeking permission to stay in UK.

Schedule your appointment a couple of hours after his appointment. Also a note for you in that HO recently changed the absence limits for PBS Dependents, so be mindful that any absence in the qualifying period for ILR of 180 days or more will break your continuity of residence.

Posted: **Tue Jan 31, 2017 5:24 pm**

Ok. Noted. Thank you very much ! As a PBS dependant , will I still need to get my husband's A- rated sponsor letter for my maintenance or my husband's CoS as proof? Or is it sufficient to provide my husband's and mine bank statements ( I also work in IT like my husband)?

Thanks,
Daya

Posted: **Tue Jan 31, 2017 5:25 pm**

daya.a.desai wrote:Ok. Noted. Thank you very much ! As a PBS dependant , will I still need to get my husband's A- rated sponsor letter for my maintenance or my husband's CoS as proof? Or is it sufficient to provide my husband's and mine bank statements ( I also work in IT like my husband)?

Thanks,
Daya

Suggest read through the guidance notes, they are quite comprehensive. Your visa is not dependent on your husbands' sponsor once hubby gets ILR.

Posted: **Tue Jan 31, 2017 5:27 pm**

Oh yes! You're right . Thank you once again for prompt reply. I will go through the guidance notes.

Thanks,
Daya

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