4 Months Between PBS Expiry and ILR Eligibility

[Delhi_Bhoy]

Dear members,

Need your advise.

My wife's PBS dependent visa is going to expire on 9th Feb 2019 and she will be eligible to apply for ILR on 8th May 2019 (28 days prior to her first leave to enter).

So for completing 4 more months, she will have to apply for PBS extension for the second time.
We are OK with this as rules are rules.

However, in case the PBS dependent ext. application takes long time and even overlaps ILR eligibility date, what are our options then?


Thanks & Regards
K

[CR001]

PBS Dependent visa if applied by post takes up to 8 weeks.

IF it takes longer, she can vary to ILR when she meets the ILR requirements.

[Delhi_Bhoy]

PBS Dependent visa if applied by post takes up to 8 weeks.

IF it takes longer, she can vary to ILR when she meets the ILR requirements.

Thanks for your advice CR001.

Could you please advise the process of varying the application (or lead me to the relevant GOV web link)? Didn't know we can do that.

Regards.

[CR001]

https://assets.publishing.service.gov.u ... n-v1.0.pdf

You can only vary an application that has NOT been decided.

[Delhi_Bhoy]

Thanks CR001.

In case the decision is not made, and we decide to change the application to ILR premium service - will PBS dependent application fee be refunded?

[CR001]

Possibly.

However if you apply PBS dependent extension by post and try to vary in person at premium centre, you might not get a decision on the day as the documents will be at the office where the dependent visas are processed.

[Delhi_Bhoy]

Possibly.

However if you apply PBS dependent extension by post and try to vary in person at premium centre, you might not get a decision on the day as the documents will be at the office where the dependent visas are processed.

Voila! That means only postal applications can be made.

Are you aware if (everything else being equal) people been successful in cases like (possibly) ours? Or this has previously complicated the ILR application (again, everything else being equal).

Thanks a lot for showing another possible route.

[CR001]

People have been successful. You just need to ensure you inform the PBS Dependent department as well so documents can be sent to the ILR department.

You can apply in person, but no guarantee you will get a same day decision if you don't have passports etc.

What was the start date/issue date of her first pbs dependent visa??

[Delhi_Bhoy]

It was issued on 30th May 2014. Is there any other option?

[CR001]

Unfortunately she cannot apply for ILR any sooner than 28 days before 30th May.

She will need to apply for an extension first.

Why does she have a shortfall??

What are all the visa start and end dates and the dates extensions were applied for and granted?

[Delhi_Bhoy]

Unfortunately she cannot apply for ILR any sooner than 28 days before 30th May.

She will need to apply for an extension first.

Why does she have a shortfall??

What are all the visa start and end dates and the dates extensions were applied for and granted?

Hi CR001,

We got married when I was already in UK on Tier 2 gen visa: Granted on 16/03/2013 and expired on 28/01/2016 (2 and half months early? - never realised this before ).
She was granted her first tier 2 dependent visa on 30/05/2014 (outside UK) and arrived 2 weeks later on 13/05/2014. Expiry date of that visa was: 28/01/2016
Then she (both of us actually) got her visa extended on 21/01/2016, which is valid until 09/02/2019.
I applied for ILR on 16/03/2018, and subsequently received it.

I guess if UKBA had granted my first Tier 2 visa for 3 years complete then may be this situation would have been avoided?

Is there any light at the end of tunnel?

Best Regards

[CR001]

I guess if UKBA had granted my first Tier 2 visa for 3 years complete then may be this situation would have been avoided?

If this wasn't raised at the time, i.e. issued in line with your CoS, then nothing much you can do about it now.

Is there any light at the end of tunnel?

PBS extension and then ILR when she qualifies. No other work around.

[Delhi_Bhoy]

Thanks CR001.
She would then apply for PBS extension for 2 years, before 09/02/2019.
If the decision is not made by 03/05/2019 (30/05/2018 - 28 days) we will request to change the application to ILR.

I will get into more details at the time of application now.

Thanks again ... and Best Regards.

[CR001]

She would then apply for PBS extension for 2 years, before 09/02/2019.

It is a 3 year extension as that is specifically what the immigration rules state. You cannot apply for a lesser period of visa validity.

If the decision is not made by 03/05/2019 (30/05/2018 - 28 days) we will request to change the application to ILR.

Yes, you can apply to vary to ILR. However, PBS Dependent extensions don't take very long.