Dependent visa under ILR application (main applicant)

[soumensarkar]

Hi
I am going to apply for ILR in November 2017 as I am going to finish 5 years under 'Tier 2 General' under the same company. I have a question about my wife's visa extension. My wife’s dependent visa was granted in August 2015 and she landed in UK in the same month. However for some personal reasons, she had to travel to India on 21st march 2016 and came back to UK in January 2017. So potentially, she was out of UK for 10 months. Now her visa expires along with me in December 2017. I would like to extend her visa while I apply for ILR. I am in doubt about the application process.
• Can we jointly apply for visa along with my ILR application? I am planning to apply for same day premium service. Can I apply for her as dependent through the same premium service?
• Does she need to pass ‘Life in UK test’?
• Alternatively, can I only go for same day service and once my visa is approved, I can apply for her extension via post service?
• Once her visa is extension is approved, can we still extend her visa for next one year so as to match 5 years so she will be able to apply ILR under 5 years route category?
Any help is much appreciated.

Thanks and Regards,
Soumen

[iworker]

1. yes
2. no
3 yes
4 no. All extensions are only for 3 years. (PBS dependents)

[CR001]

1. Yes she can apply at premium centre but her appointment must be separate to yours ideally a couple of yours after yours as it is a completely separate form and category. So no "joint" application as such. If your ILR fails or is held for further enquiries, hers will also fail.

[soumensarkar]

So under which category will she apply?
Tier 2 Dependent extension or ILR dependent?

[CR001]

Tier 2 dependent.

[soumensarkar]

Thank you for answering previous questions:

In the SET(O) form, first question...
-----------------------------------------------------------------------------------------------------------------------------
If you are applying as a highly skilled migrant (HSMP), are you doing so under the terms of the
HSMP ILR judicial review policy document? See main guidance notes for more information about this
this. Yes No
-----------------------------------------------------------------------------------------------------------------------------
As I am applying under Tier 2 Migrant category, should I click 'No' or leave it as blank?

[soumensarkar]

Back to the question again about my wife's visa extension under 'Tier 2 General dependent'

Her situation is as follows
Her Tier2 dependent Visa was granted in June 2015 (from India).
Travelled to UK August 2017.
Had to move back to India March 2016.
After almost 10 months, came back to UK January 2017.
Now If I extend her visa under Tier2 General dependent for next 3 years,
Will she still be eligible for ILR under 5 years completion route as she has already stayed outside UK for 10 months? or I have to extend her visa again for additional 3 years under Tier2 General to compensate for 10 months?

Regards,
Soumen

[CR001]

There is no absence limit for PBS Dependents.

[soumensarkar]

Thank you for answering previous questions:

In the SET(O) form, first question...
-----------------------------------------------------------------------------------------------------------------------------
If you are applying as a highly skilled migrant (HSMP), are you doing so under the terms of the
HSMP ILR judicial review policy document? See main guidance notes for more information about this
this. Yes No
-----------------------------------------------------------------------------------------------------------------------------
As I am applying under Tier 2 Migrant category, should I click 'No' or leave it as blank?

[CR001]

No would be correct.

[soumensarkar]

Thanks moderator.
I have a further query:
Query a)
My Tier2 BRP card has 'issue date 01-12-2012', so I am putting 01-12-2012 as the date for the below question.
6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first
entry into the UK at the beginning of the period of stay on which this application is based.

Please could you confirm.

Query b)
My 5 years period will be completed on 01-12-2017. Bearing in mind that the appointment could be booked 28 days before, the earliest, I am planing to book an appointment between 03/09/2017 - 07/09/2017. Please could you check whether this should be okay.

[CR001]

A) This asks the date you entered the UK, did you switch to Tier 2 within the UK??

B) You can't book your appointment for September, it is too early.

[soumensarkar]

A) Yes, I came to UK with student visa, then changed to PSW and then Tier2 General and the issue date of Tier2 General is 01-12-12 in the BRP card. So I guess I would use 01-12-2012 as the start date of my claim period of 5 years?

B) Sorry I posted wrong date in my previous chat, I wanted to mean, any date between 03/11/2017 and 07/11/2017. Please could you confirm this date is fine according to 28 days policy?

[CR001]

A) Yes as that is the start of your 5 year period. It will have no effect on your application if you state your first date of entry or add a note in additional information.

B) Should be fine yes.

[soumensarkar]

Thank you.

[soumensarkar]

About immigration history section:
Below is number of days I was outside UK since qualification time period of 01-12-2012

No_of_days
Total days outside UK in 2013 72
Total days outside UK in 2014 36
Total days outside UK in 2015 45
Total days outside UK in 2016 0
Total days outside UK in 2017 0
Total number of days outside UK
in whole qualifying period is 153

I think I am okay with the immigration policy of 180 days per year, can you please confirm.

[CR001]

There is NO absence limit rule for PBS dependents. The 180 days is ONLY for main PBS visa holders.

[soumensarkar]

Hello There
I am the main application. I am holding Tier2 General. So above days are fine in your eyes?
Thanks,
Soumen

[CR001]

You started this topic as 'Dependent visa under ILR application (main applicant)' and now you are asking about yourself as the main Tier 2 General applicant applying for ILR???

You cannot ask about PBS Dependent visa extension in the same topic as you then start asking about your own topic, it creates confusion and they are two completely different routes and rules. Please be clear who you are asking for.

[soumensarkar]

Also in question 7.14
7.14 Please state what social, cultural and family ties you have with:
• The country where you were born.
• Any other country whose nationality you hold.
• Any country where you have lived for more than five years.
You should tell us about any family, friends, or other connections with that country

Should my answer be like below?
Country
India
Social Cultural or family ties
I am born and brought up in India. Parents and other close family members still live in India.

Or what should my answer be?

[soumensarkar]

Hello Moderator,
I am very sorry for the confusion. Yes, indeed I started this thread for my wife's visa extension under Tier2 dependent as I am going to apply for ILR extension and was not sure about what visa category my wife will apply for. Once I got satisfactory answer from you, I continued this thread as my own ILR application. I am sorry about that. If it creates confusion further, do you recommend to close this thread and start a new one? I can certainly do so.
Sorry again.
Regards,
Soumen

[CR001]

Absences are not calculated per calendar years. You need to work them out counting 12 months backwards from date you apply for ILR, i.e. if you apply on 1 September then the 12 months is 2nd September 2016 to 1 September 2017.

[soumensarkar]

Ok, Thank you.

[soumensarkar]

Also in question 7.14
7.14 Please state what social, cultural and family ties you have with:
• The country where you were born.
• Any other country whose nationality you hold.
• Any country where you have lived for more than five years.
You should tell us about any family, friends, or other connections with that country

Should my answer be like below?
Country
India
Social Cultural or family ties
I am born and brought up in India. Parents and other close family members still live in India.

Or what should my answer be?

[CR001]

7.14 - should be fine yes.