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Indefinite leave to remain for PBS dependent

Posted: Wed Sep 04, 2019 8:58 pm
by darmany
Hi All,

Sorry if I have a lot of questions but I am really confused.
I am applying for ilr for my wife who is on Tier 2 dependent visa and has been in the country for almost 5 years.
First of all, she had he first Tier 2 dependent visa on 12/10/2014 but she entered the UK on 25/10/2014. At that time I was on Tier 2 general visa.
She extended her visa on 25/09/2016 for three years (expires 25/09/2019) and at that time I was already on indefinite leave to remain.( as that time I have been told that as she is extending her tier 2 visa that she is already on she doesn't need to change to spouse visa as I was already settled).
Now I am in the situation where her visa expires on 25/09/2019 but she will complete her 5 years living in the UK on 25/10/2019.
Giving that I can apply for ilr 28 days early, she is still short by 2 days. ( I am planing to apply through the new service as we cant stay 6 months without her passport)
So my questions are:
1- Am I write thinking that I can calculate the 5 years period from the date she first had her visa 12/10 not the date she entered the UK ? so now she will eligible?
2- Which form should I use to apply ? Set O or Set M??
3- Is she exempt from the 180 days rule?
4- what are the finances requirements in that case and how can I prove it ?

Thanks a lot for your help in advance

Re: Indefinite leave to remain for PBS dependent

Posted: Wed Sep 04, 2019 9:03 pm
by zimba
1- Am I write thinking that I can calculate the 5 years period from the date she first had her visa 12/10 not the date she entered the UK ? so now she will eligible?
Yes
2- Which form should I use to apply ? Set O or Set M??
SET(O)
3- Is she exempt from the 180 days rule?
Yes
4- what are the finances requirements in that case and how can I prove it ?
There are no finance requirements under PBS dependant route

Re: Indefinite leave to remain for PBS dependent

Posted: Wed Sep 04, 2019 10:43 pm
by darmany
Thanks a lot for your reply.I have got two more questions in Set O application if you don't mind:
1- How can I explain in the application that I am basing my calculations on the date the first visa was issued not the entry date ? as the only question in the application is when did you enter the UK and no space to add any notes or explanations.

2- They ask for consent to access the bank accounts !!!!! what are they looking for? am I submitting bank statements with the required documents? covering how long? it is not clear

3- What sort of supporting documents I have to submit with the application? marriage certificate? HR letter? my pay slips? bank statements? utility bills? proof of address?

Thanks a lot

Re: Indefinite leave to remain for PBS dependent

Posted: Wed Sep 04, 2019 11:35 pm
by aman90
darmany wrote:
Wed Sep 04, 2019 10:43 pm

1- How can I explain in the application that I am basing my calculations on the date the first visa was issued not the entry date ? as the only question in the application is when did you enter the UK and no space to add any notes or explanations.

Coz it doesn’t matter.. HO know the requirements.

2- They ask for consent to access the bank accounts !!!!! what are they looking for? am I submitting bank statements with the required documents? covering how long? it is not clear

Are you applying for the first time?
They have to verify the genuineness of the documents.. laws in this country require them to take consent.. it’s pretty polite of them to even ask.


Re: Indefinite leave to remain for PBS dependent

Posted: Thu Sep 05, 2019 10:49 pm
by darmany
Yes but which documents I have to submit??
Are they requiring certain amount of money in my bank account every month?
Are they asking for certain salary?
Marriage certificate?
HR letter from my employer?
Pay slips ?

Re: Indefinite leave to remain for PBS dependent

Posted: Fri Sep 06, 2019 12:21 am
by aman90
darmany wrote:
Thu Sep 05, 2019 10:49 pm
Yes but which documents I have to submit??
Are they requiring certain amount of money in my bank account every month?
Are they asking for certain salary?
Marriage certificate?
HR letter from my employer?
Pay slips ?
Please :)
Cohabitation past 2 years+ LIUK+English language

Re: Indefinite leave to remain for PBS dependent

Posted: Sun Sep 08, 2019 7:51 pm
by darmany
Thanks a lot for your reply.
Can I just ask what is the Cohab 2 year documents ? I can't find any mention of them in the government website or the Set O application.
Sorry if it is a stupid question.

Please .

Re: Indefinite leave to remain for PBS dependent

Posted: Sun Sep 08, 2019 7:58 pm
by CR001
It is the subsisting relationship requirement aka cohabitation evidence.

Letters addressed jointly or to each of at the same address from 3 to 6 different sources spread evenly for every 3 to 4 months. Items such as tenancy agreement, council tax bills, utility bills, DVLA or HMRC letters etc etc

Re: Indefinite leave to remain for PBS dependent

Posted: Sun Sep 08, 2019 8:11 pm
by darmany
Thanks a lot for your reply.
Can I just ask why this is not mentioned any where in the UKBA website ?
I read some where in the forum that this is only required if we are applying together (main applicant and dependent).

Thanks again for your help

Re: Indefinite leave to remain for PBS dependent

Posted: Sun Sep 08, 2019 8:34 pm
by CR001
Clearly mentioned in the immigrations rules part 8 para 319E(d). Proof of this point is the evidence of cohabitation.

https://www.gov.uk/guidance/immigration ... ly-members

Re: Indefinite leave to remain for PBS dependent

Posted: Sun Sep 08, 2019 9:23 pm
by darmany
Thanks a lot