Varying a Tier 2 dependant extension application to an ILR

[SBELL]

Hello,

I really need some directions regarding my settlement please.

My first tier 2 dependant visa was issued on 29 January 2014 after having switched from a tier 4. Second one was issued in March 2015 to expire on 27 Dec 2018.

My question(s);
1. By my calculation, I will be due ILR in Jan 2019 - 5 days before the expiry of my current Leave to Remain. I have been told I'd have to extend my current visa as a PBS dependant (my husband got his ILR in Feb 2018) and then vary my application. can anyone please confirm this is legit and chances of anything going wrong minimal as I am okay to extend and then apply for ILR later.

2. I don't have up to £630 in my account for the maintenance fund, however, I work full time and am paid monthly. Am I okay to provide my husband's bank statements to show maintenance funds as well as my salary account bank statements?

3. I just changed jobs at the beginning of November. still full time but better progression. would change jobs be an issue? I can get employer reference stating i am needed for the foreseeable future?

Thanks in advance

[CR001]

On what basis did your husband get ILR, 5 years PBS route or 10 years long residence route??

[SBELL]

Hi Thanks for your reply!

He got it on the 5-year route Tier 2 Gen.

I have just also seen a ruling on gov.uk about calculating eligibility based on either date of application, date of decision or 28 days before, whichever is favourable to applicant. Do you know if that applies here please?

[CR001]

In your case it only applies to date of initial dependent visa as student visa doesn't count. The para also refers to date of ILR application not date of previous visas.

[SBELL]

Thanks, @CR001.

Are you able to help with my initial questions, please?

Hello,

I really need some directions regarding my settlement, please.

My first tier 2 dependant visa was issued on 29 January 2014 after having switched from a tier 4. Second one was issued in March 2015 to expire on 27 Dec 2018.

My question(s);
1. By my calculation, I will be due ILR in Jan 2019 - 5 days before the expiry of my current Leave to Remain. I have been told I'd have to extend my current visa as a PBS dependant (my husband got his ILR in Feb 2018) and then vary my application. can anyone please confirm this is legit and chances of anything going wrong minimal as I am okay to extend and then apply for ILR later.

2. I don't have up to £630 in my account for the maintenance fund, however, I work full time and am paid monthly. Am I okay to provide my husband's bank statements to show maintenance funds as well as my salary account bank statements?

3. I just changed jobs at the beginning of November. still full time but better progression. would change jobs be an issue? I can get employer reference stating i am needed for the foreseeable future?

Thanks in advance

[SBELL]

Hello,

I have just submitted my PBS Tier 2 dependant visa extension application to cover the 4 days between current visa expiry (27/12/2018) and ILR eligibility (02/01/2019).{Quick background, my husband was granted an ILR from a T2G visa in February}.

Having read various guidance notes, I have come across the below stating; "For PBS applications, where a variation application is made in accordance with paragraph 34E, the date the variation application is made is the date to be used for the purposes of assessment against the rules".

Link to note: https://assets.publishing.service.gov.u ... .0-ext.pdf.

Has anyone varied a PBS dependant application successfully and if so, I would really appreciate some help or guidance on doing this. I am particularly confused about para 34E!

Thanks

[SBELL]

Hello,

I have recently submitted my PBS Tier 2 dependant visa extension application to cover the 4 days between current visa expiry (27/12/2018) and ILR eligibility (02/01/2019).{Quick background, my husband was granted an ILR from a T2G visa in February 2018}.

Having read various guidance notes, I have come across the below stating; "For PBS applications, where a variation application is made in accordance with paragraph 34E, the date the variation application is made is the date to be used for the purposes of assessment against the rules".

Link to note: https://assets.publishing.service.gov.u ... .0-ext.pdf.

Has anyone varied a PBS dependant application successfully and if so, I would really appreciate some help or guidance on doing this. I am particularly confused about para 34E!

I’d appreciate a reply please as this had been earlier posted.

Thanks!

[aman90]

Hello,

I have recently submitted my PBS Tier 2 dependant visa extension application to cover the 4 days between current visa expiry (27/12/2018) and ILR eligibility (02/01/2019).{Quick background, my husband was granted an ILR from a T2G visa in February 2018}.

Having read various guidance notes, I have come across the below stating; "For PBS applications, where a variation application is made in accordance with paragraph 34E, the date the variation application is made is the date to be used for the purposes of assessment against the rules".

Link to note: https://assets.publishing.service.gov.u ... .0-ext.pdf.

Has anyone varied a PBS dependant application successfully and if so, I would really appreciate some help or guidance on doing this. I am particularly confused about para 34E!

I’d appreciate a reply please as this had been earlier posted.

Thanks!

Ur visa has expired but you put in an in time application so you have section 3C protection. The day you vary your application is the date of the new application. So technically you won’t be an overstayer.
The forum has many cases in which people have done that and been successful.
You’ve posted the link but not mentioned the page or paragraph number ur referring to..
Anyhow I don’t think you’ve anything to worry about. Have you attended ur appointment?

[SBELL]

Thanks for your reply!

The paragraph in the link is ‘Paragraph 34E’.

Also, re date of application, I read in the guidance on varying an application that the date of variance would be taken as the date of the first application i.e. in my case 17/12/2018 which would put me out of the eligibility period for ILR.

Thank you

[aman90]

Sorry. I thought paragraph 34e was some immigration rule like 39e
Yes but you meet the requiremts from the variation date and since you had already made an in time application ur covered..
Like I said loads have done it.

[SBELL]

Thank you. I will search through the forum then for past stories on varying a PBS application.

Kind regards

[SBELL]

Hello,

I have some questions regarding my application variation please.

I am filling out the form and there’s a question about whether I have leave to remain; my answer would be no but would that make a trigger-happy casework reject my application without confirming it is a variation? I am including a cover letter as well but that goes in after application has been submitted using the new service that is.

Also, has anyone used the existing premium service to vary an application since the UKVCAS service came into effect? Or even used for any other type of application.

Thanks!

[aman90]

Hello,

I have some questions regarding my application variation please.

I am filling out the form and there’s a question about whether I have leave to remain; my answer would be no but would that make a trigger-happy casework reject my application without confirming it is a variation? I am including a cover letter as well but that goes in after application has been submitted using the new service that is.

Also, has anyone used the existing premium service to vary an application since the UKVCAS service came into effect? Or even used for any other type of application.

Thanks!

Doesn’t the form ask anywhere if you have an application already pending with HO? Additional information box? Also you’ll upload the cover letter at the time of online submission. The caseworker will see everything together.
You should go for 24 hr priority service. You qualified on 1st Jan. make sure ur filling out the correct form. I think it’s SET O

[SBELL]

Thanks @Aman90.

I have completed the Set O form. Spoke to Home Office regarding the new service and varying via premium service and was advised not to?

Does anyone know why they would have said that or if anyone has used the priority service to vary a PBS dependant application.

Thanks

[aman90]

Thanks @Aman90.

I have completed the Set O form. Spoke to Home Office regarding the new service and varying via premium service and was advised not to?

Does anyone know why they would have said that or if anyone has used the priority service to vary a PBS dependant application.

Thanks

Doesn’t make sense..I wouldn’t trust the HO call centre answers.
You’ve already qualified and varying an in time application.
Didn’t you get the option for super priority service when submitting the application?

[Jazz2007]

You can try for Super Priority as i have not read anywhere which can stop you from doing so. Before during PSC appointments it was mentioned not to apply when waiting for a decision.

You are risking £610 which is worth trying in my opinion. Otherwise HO will consider it as a standard application.

[SBELL]

Thanks @Jazz2007 and @Aman90.

I will see if I am able to pay for Super Priority as don’t think I want to wait 26 weeks not knowing what’s happening with my application!

It appears I need to show bank statement. Didn’t realise that was a requirement also?