PBS Dependent visa extension for British Citizen dependent

[Sanja123]

Hi,

I came to UK as a Tier 1 (General) migrant in Nov. 2008 and got ILR in Oct.2013.
After the marriage, my wife came to UK as a Tier 1 (General) dependent in Sep. 2012(Grant VISA on 20th Sept. 2012 - So in 5 year route)
Initially she got VISA until end Oct.2013 Since my Tier 1 was due on. However in beginning on Oct. 2013, I've got ILR. My wife got Teir 1 (General) dependent extension for another 3 years which mean till Oct 2016.
Since our son born in June 2013, I straightaway applied British Citizen for him as soon as I've got ILR.

Anyway as a big mistake, I forgot to maintain funds of £630 in my Wife's account for her Tier 1 (general) extension which due to expire on Oct. 2016. However I transferred the relevant fund to her account on beginning of this months(August).But it is not enough to complete consecutive 90 day period by mid of Oct.2016.

Any advice would be really appreciate as this is going to be a big problem for me. because my son going to start nursery in this September as well.

Hint:
- Can I show the relevant fund for her by myself as British Citizen husband?
- Can I submit the application after a 18days of visa expiry according to 28days period rule?
- In case, if my wife overstay for few days, will it affect for applying ILR in Oct. 2017 via 5 year route?

If the information are not enough, please let me know.

thanks

[vinny]

Did you maintain funds in any other accounts?

Try to avoid overstaying, if possible.

[Sanja123]

Thank you for your quick response.

I can show the amount of £630 steady balance using my own 2 accounts. However as I know, this fund has to be on her account since I am not an applicant this time.

Can my wife submit the application before expiry date AND with attaching a cover letter saying that she is going to send bank statement later by using the application reference? Is this acceptable?

Any advice would be really appreciate please.

[Sanja123]

Hi,

Could someone please advice on my issue?

Kind regards,

[CR001]

Where does it say that the maintenance MUST be in the PBS dep bank account?

[vinny]

Probably nowhere.

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

Appendix E:

(c) Where the applicant is applying as the Partner of a Relevant Points Based System Migrant the relevant amount of funds must be available to either the applicant or the Relevant Points Based System Migrant.

[Sanja123]

Thank you for your explanation.

Probably I confused with the following statement which is on
'Page 47 - Guidance – Family members of PBS migrants – version 10.0'

" The evidence provided must clearly show:
 the name of the main applicant and/or the family member making the application, or (for children only) the name of the other parent who is also legally present in the UK "

Hope you clearly understand, I am now a British Citizen. So at this stage ONLY my wife is going to submit the PBS dependent application for a extension.

It would be great if you can confirm your point along with these informations.

thanks

[CR001]

Spouse is the main applicant. Maintenance funds can be in EITHER bank account.

[Sanja123]

Hi,

First of all would like to thank you for all of your explanations.

Actually I'm really worrier/concerning about my mistake of forgetting to maintain funds separately on my wife's account.

As advised, now I am going to show my statement as the Husband(British citizen). So probably I will be able to show one of my Barclay - ISA account statements which had steady balance of £168 (since long time) along with my HSBC account statements which has fallen the balance up to £470 when considering of this 90 day consecutive period. Hope this make sense cumulative balance will NOT below £630 as the requirement.

If this is OK, please confirm

Further more, I found another immigration conditional document on following link and was NOT able to clearly understand whether it is valid to my circumstances.

ie: https://www.gov.uk/government/uploads/s ... t_2015.pdf

It would be great, if anyone can give me some advice on these related to my situation.

Many thanks and this forum is really helpful for our concerns. Thank you so much for site administrations.

[CR001]

Two accounts should be fine if for 90 days and the required maintenance.

What in the link you provided are you asking about?? It is not relevant to PBS Dependents. You need to extend on the Tier 1 G Dependent form. Applying for the link you have provided will reset the clock to zero for your spouse and spouse will have to start again from scratch.