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Hi all -

Need some help please. As background, I am a UK national, followed the 5 year route work visa route and got it. My son was born in the UK and holds UK citizenship from birth.

Now the issue we are having is with my wife’s visa are below, with time lines.

Wife moved to UK with me in January 2017, entered on visa on arrival for Canadian nationals (with intention to fly out shortly after to apply for Uk spouse visa in Canada).

Uk spouse visa (pbs dependent) issued 12/05/2017, through 08/03/2019 (likely capped as I was tier 2 back then)

Uk spouse visa renewed (it says pbs dependent but I held an ILR at this time) issued 19/02/2019, through 28/01/2022

By my calculations, my wife is short by 3 ish months to complete the 5 year term. Now if it were 1, we could have just applied 28 days in advance of 5 years, but it’s a little longer.

What are our options here? I am surprised that she wasn’t issued a full term on my ILR basis (our bad for not picking it up).

Any thoughts or guidance is welcome as we look to work through this.

Thanks

Please note that the PBS/skilled dependant visa is NOT the same as a spouse/family/partner visa. You seem to be using them interchangeably.

She should extend under Skilled worker dependant visa. I suggest the standard service, so if her visa was not decided by the time she is eligible then she varies the application to SET(O) for ILR

https://www.gov.uk/skilled-worker-visa/ ... d-children

Thank you for your kind reply.

Apologies for mixing the two, out of curiosity, should they have issued a spouse visa once she reapplied and I was on ILR?

Looks like we will be wasting some more money on extending and then ilr.

No. She can stay under PBS route (now skilled route) as you settled under such route. Switching would have forced her to start her ILR clock from scratch under the family route

Thanks, tough position.

I guess we will apply for renewal and see what they say. Maybe I will ask her to take life in Uk etc just in case they move application to ilr, given the close time frames.

Yumla wrote: ↑

Tue Sep 28, 2021 12:06 pm

Thanks, tough position.

I guess we will apply for renewal and see what they say. Maybe I will ask her to take life in Uk etc just in case they move application to ilr, given the close time frames.

UKVI will not "move application to ILR"

You have to apply for ILR even if a dependent visa extension is pending.

Thanks, I guess the obvious question is will the fee be refunded (for one of them) if we apply for both?

Hi both - struggling with this awesome system they have put in place!

For the IHS details, it is asking for my work start date and end date, along with details about my visa. It seems this was auto put in form to IHS form. Given my wife only needs 2 months to get to ILR, I don’t see why it’s asking us to pay 5000+.

Any ideas on how to adjust details here (which will
Be via a new form as we are unable to edit).

I am also confused as to the fact that she wasn’t issued a visa in the first place to complete her 5 years. Frustrating.

Thank you for the help.