Tier 2 Dependant Extension category

[ivn]

Hi there,

I have been reading up on the boards but couldn't find any thread matching our exact scenario so posting our visa status & related queries here:

• * Husband's initial Tier 2 General Visa: BRP from 1st Mar 2013 - 24th Jan 2016
  * My Tier 2 Dependent Visa: BRP from 30th Apr 2015 - 24th Jan 2016
  * Tier 2 Extension application for both on 22nd Jan 2016 for another 2 years with the same employer/sponsor
  * Tier 2 Extension Visa for both: BRP from 11th Apr 2016 - 7th Feb 2018

MAIN QUERIES

• 1. Now if the ILR eligibility counts as 5 years from the initial Tier 2 General Visa start date, then it's 1st Mar 2018 for my husband. But since he can apply 28 days before, is he eligible to make an application anytime from 1st or 2nd Feb 2018 onwards? (We intend to make Premium same day ILR application for him)

• 2. When is the best time for me to make an application and under what category?

• 3. Since our visas expire on the same day which is not very far from when my husband intends to make his ILR application, I'm not sure if I can still extend as Tier 2 General Dependent given the fact that my Tier 2 Main Applicant is no more in the same category? Any written documentation or proof to support this logic?

• 4. If I'm no longer eligible for Tier 2 General Dependent extension, then can I apply as family or spouse of ILR along with my husband? What's the exact category? Any links or written documentation on this one?

I would really appreciate if some one responds and clears the confusion.

Thanks in advance!

[CR001]

2. When is the best time for me to make an application and under what category?

Either on the same day or after his appointment but before your visa expires. You can continue to extend your Tier 2 Dependent visa until you meet the requirements for ILR. An extension will be for 3 years.

3. Since our visas expire on the same day which is not very far from when my husband intends to make his ILR application, I'm not sure if I can still extend as Tier 2 General Dependent given the fact that my Tier 2 Main Applicant is no more in the same category? Any written documentation or proof to support this logic?

Yes you can. Apply on same day, with your appointment a couple of hours after his or apply by post once he gets ILR. The rules permit you to stay on Tier 2 Dependent if the main Tier 2 applicant applies for ILR based on 5 years residence.

immigration-for-family-members/dependan ... 14832.html

4. If I'm no longer eligible for Tier 2 General Dependent extension, then can I apply as family or spouse of ILR along with my husband? What's the exact category? Any links or written documentation on this one?

Tier 2 Dependent/Partner.

[ivn]

Thanks for your swift response CR001!

Either on the same day or after his appointment but before your visa expires. You can continue to extend your Tier 2 Dependent visa until you meet the requirements for ILR. An extension will be for 3 years.

Read the latest PBS Dependant Guidance Notes and found the reference for your above quote on Page 4 Pt[2] for this. Also, found the reference for 3 years bit in the same link/document Page 8 Pt[3]

https://www.gov.uk/government/uploads/s ... n_2017.pdf

1. So, I guess the response to the initial first query of can my husband apply for ILR from 1st or 2nd Feb 2018 based on our dates is Yes?

2. Also, since it's a straight Tier 2 General to ILR route for him, I didn't see any funds maintenance requirement apart from submitting the most recent payslip & latest bank statements ( maybe for 3-6 months) amongst all other documents. Is that right?

3. If you know, how soon can my husband give his Life in UK test and be ready? The online links say minimum 3 days but doesn't what's the earliest that test can be given?

4. The only thing the above document doesn't state is if we apply for extension as PBS Tier 2 Dependant, what supporting documents do they need for a case such as mine (including maintenance funds requirement)? Since, we didn't require to maintain Funds when we last extended Tier 2 so would this be as straightforward as our last Tier 2 extension?

5. Any online link to apply for this 3 years PBS Tier 2 Dependant extension that also highlights supporting documents?

Your responses will help us big time plan ahead. Thanks again!

[ivn]

Response to the above queries will be sincerely appreciated?

[ivn]

Hi there,

This forum has been helpful to us in the past, hoping the same would continue!

I had got my similar query clarified before but after having met a recent immigration adviser, a need to cross-check some info has cropped up.

Here's my situation:
---------------------------------------------------
Tier 2 (General) Dependant [granted from India]
Issued on: 30th Apr 2015
Valid till: 24th Jan 2016
Entered UK on 5th May 2015

Tier 2 (General) Dependant Extension
Applied from UK along with main applicant (husband) on 22nd Jan 2016
Issued on: 11th Apr 2016
Valid until: 7th Feb 2018

My husband is due to apply for his ILR (SET-O) via Tier 2 General route on 2nd Feb 2018 at Premium Service appointment. Based on above dates and visa route so far, assuming my husband, the Main applicant is successfully granted ILR on 2nd Feb 2018 itself:


1. Which route would I, Tier-2 General Dependant, need to use to apply for my extension before my current visa expires on 7th Feb 2018?

2. Should it be Tier-2 PBS Dependant Partner - https://visas-immigration.service.gov.u ... nt-partner
OR
FLR(M) as dependant of settled person in UK - https://www.gov.uk/government/publicati ... -form-flrm

3. When would be the ideal date on/from which I should/could make my application in the relevant category?

4. If I decide to go down Tier-2 PBS Dependant Partner route, do I need to provide his ILR Home Office Ref or BRP number in the online application? Or can I provide his last most recent Tier-2's BRP number until ILR BRP is posted to him?

5. Also, if I'm only eligible for FLR(M) route and have to switch from my current Tier-2 General Dependant category, then does my clock reset?

[vinny]

Posts merged.

[CR001]

1. Tier 2 dependent.

2. Tier 2 PBS Partner

3. Any time but before your current visa expires.

4. You will apply alone. HO will have his details on their system but you could provide copies of his ILR etc.

5. You can switch to FLR(M) if you choose to but yes, it will reset your clock to zero and a new 5 year (2 x 2.5 year visas) before you can apply for ILR.

[ivn]

Thanks @vinny for merging the posts, very useful!

Thanks for your response CR001.

3. Any time but before your current visa expires.

• Should I not wait until 2nd Feb as that's when my husband would be successfully granted his ILR to make my application?

4. You will apply alone. HO will have his details on their system but you could provide copies of his ILR etc.

• If I make my application before 2nd Feb, what visa status should I put for my husband?
  (As even though I'm applying alone, due to the nature of this visa category the online form does ask about Main Applicant's visa category he has applied or granted leave for?)

------------------------------------------------------------------------
The PBS-Dependant Partner Online application has one of it's first sections as
"The Person you are joining/accompanying" - This cannot be left blank.

The exact wording of the question that's confusing is:
Which visa or permission to stay has he applied for or been granted?

Choose the service that the PBS main applicant most recently applied for, even if their application is still being processed. If the main applicant has been granted indefinite leave to remain or British Citizenship, you should choose the PBS Tier under which they were granted leave before.

• So, if I make my application on or after 2nd Feb, I can tick Tier-2 (General) - leave to remain?

Followed by
Do you have one of these Home Office reference numbers for him?

Options
Yes, I have their biometric residence permit (BRP) number
Yes, I have their entry clearance number
No, I don't have a Home Office reference number for them

• We may not have his ILR BRP or Entry clearance number at that time so can we tick the last option hoping they will be able to find it on their system?

----------------------------------------------------------------

- Documents wise, does this look right to you if I apply on or after 2nd Feb once he has been granted ILR

• My Passport

• My Tier-2 General Dependant BRP

• Photographs

• Recent Bank statements from my account showing £630 or more balance maintained for 90 days

• My Payslips

• My Masters Degree taught in UK

• Our Marriage Certificate ??

• Any kind of ILR proof we get on the day of appointment ??

• Any utility bill under his name or his bank statement to show the same address we live in ??

• Any other cover letter explaining our scenario ??

----------------------------------------------------------------

Sorry for a lot of questions, but it is slightly confusing on the site to understand these details wrt our specific case.

Thanks in advance for all your help & time!

[CR001]

Thanks @vinny for merging the posts, very useful!

Thanks for your response CR001.

3. Any time but before your current visa expires.

• Should I not wait until 2nd Feb as that's when my husband would be successfully granted his ILR to make my application?

Apologies yes, you can apply to extend after he is granted ILR.

4. You will apply alone. HO will have his details on their system but you could provide copies of his ILR etc.

• If I make my application before 2nd Feb, what visa status should I put for my husband?
  (As even though I'm applying alone, due to the nature of this visa category the online form does ask about Main Applicant's visa category he has applied or granted leave for?)

ILR

------------------------------------------------------------------------
The PBS-Dependant Partner Online application has one of it's first sections as
"The Person you are joining/accompanying" - This cannot be left blank.

The exact wording of the question that's confusing is:
Which visa or permission to stay has he applied for or been granted?

Choose the service that the PBS main applicant most recently applied for, even if their application is still being processed. If the main applicant has been granted indefinite leave to remain or British Citizenship, you should choose the PBS Tier under which they were granted leave before.

• So, if I make my application on or after 2nd Feb, I can tick Tier-2 (General) - leave to remain?

Followed by
Do you have one of these Home Office reference numbers for him?

Options
Yes, I have their biometric residence permit (BRP) number
Yes, I have their entry clearance number
No, I don't have a Home Office reference number for them

• We may not have his ILR BRP or Entry clearance number at that time so can we tick the last option hoping they will be able to find it on their system?

----------------------------------------------------------------

- Documents wise, does this look right to you if I apply on or after 2nd Feb once he has been granted ILR

• My Passport

• My Tier-2 General Dependant BRP

• Photographs

• Recent Bank statements from my account showing £630 or more balance maintained for 90 days

• My Payslips

• My Masters Degree taught in UK

• Our Marriage Certificate ??

• Any kind of ILR proof we get on the day of appointment ??

• Any utility bill under his name or his bank statement to show the same address we live in ??

• Any other cover letter explaining our scenario ??

----------------------------------------------------------------

Sorry for a lot of questions, but it is slightly confusing on the site to understand these details wrt our specific case.

Thanks in advance for all your help & time!

[ivn]

Thanks for the swift response CR001, really appreciate it!

Could you please be kind enough to take a look at the highlighted portion of the question & documents bit and respond at your earliest convenience? This would help us prepare my application accordingly.

Many thanks!

[ivn]

Any updates please?

[ivn]

Hi CR001,

I have started to prepare my own PBS-Dependant Partner application online. Of course, won't submit until my husband (Main Applicant) gets his ILR approved on the day.

However, bumped into an issue on IHS portal. After filling out my details it asks,
Are you applying to join or remain with a person already in the UK?
You don't need to add this person's details if they are a UK or EEA citizen.

1. I believe I will have to enter my husband's details here?

2. Also, slightly confused with questions ahead. I'm noting the possible answers i think. Could you please correct where necessary?

* Do you have their IHS Reference Number - NO (His ILR doesnt need IHS)
* What is their Visa Expiry Date - Should I enter his last Tier 2 General Expiry as we wont have his BRP/expiry date of ILR on the same day?
* Visa route - No ILR in the dropdown so should this be Tier 2?
* Visa type - As per his last Tier 2, ie Tier 2 (General) upto 3 years

3. Lastly, documents wise does this list good to you for my PBS Dependant Partner Application
* My Passport, My BRP, My bank statement showing £630 for 90 days, My last 3 Payslips,
* My UK Masters Degree, Our Marriage Certificate,
* Husband's Passport & last Tier 2 BRP Copy, Husband's ILR proof (if received by that day), Cover letter explaining husband's situation of having ILR but awaiting BRP to be posted
* Anything else to show we live together since 2015 in UK or recent utility bill/ statement in his name?

Your response is greatly appreciated, thanks!