Documents for ILR for spouse as dependent of settled person

[suresa]

I got my settlement thru 5 years Tier 2 ICT route. My wife currently is in PBS dependent Visa. She has completed 5 years. Can i apply for ILR as dependent of settled person ? If so which application Set (o) or Set (m).

Also is there an option to extend her PBS dependent further ? My Tier 2 ICT was granted in May 2011. I had extended her PBS dependent once.

[CR001]

Form set o for a PBS dependent visa holder.

Yes you can extend the visa for a further 3 years and pay IHS of £1200 plus visa fee.

Why would you want to extend if she has 5 years residence as PBS dependent?

[poper]

Tier 2 ICT granted post April 2010 does not qualify for ILR on 5 year route.
How did you qualify in this route?

[suresa]

Tier 2 ICT granted post April 2010 does not qualify for ILR on 5 year route.
How did you qualify in this route?

I had my previous Visa (Work Permit) valid until May 2011. Post that i had to apply for ICT Tier 2 as i was in India for that 1 month while i applied for ICT Tier 2 visa. So was not able to extend the old Work Permit.

[suresa]

Form set o for a PBS dependent visa holder.

Yes you can extend the visa for a further 3 years and pay IHS of £1200 plus visa fee.

Why would you want to extend if she has 5 years residence as PBS dependent?

Are you sure i can apply for extension beyond 5 years ? (Tier 2 ICT main application is valid only for 5 years right ?)

Her Visa is getting to close but she is not able to clear Life in the UK test. So wanted to check if i can apply for extension further.

[CR001]

There is no 5 year limit for dependents. The limit applies to main ICT visa holders.

[suresa]

HI
I am applying ILR for my spouse as dependent of a settled person. Her current visa is PBS Dependent. I got my ILR through Tier 2 (5 years ) route.
The application shows below list of documents. Its not mentioning anything about the proof of finances (I am supporting her as she is not working), or any of my proofs (payslips, bank statements, etc). Should i still provide those in addition to below documents ?

Mandatory documents
The passport issued by India for Applicant (Spouse)
Other documents
Applicant's Life in the UK Test pass notification
Consent form for the Home Office to request verification checks on Applicant's Husband for joint accounts or third party support
The language test certificate for Applicant to prove the level of English language required
Evidence of Applicant's immigration status in the UK
Declaration signed by Applicant's Husband to confirm consent for the Home Office to request verification checks
Current Biometric Residence Permit
All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

[CR001]

I am applying ILR for my spouse as dependent of a settled person. Her current visa is PBS Dependent. I got my ILR through Tier 2 (5 years ) route.
The application shows below list of documents. Its not mentioning anything about the proof of finances (I am supporting her as she is not working), or any of my proofs (payslips, bank statements, etc). Should i still provide those in addition to below documents ?

Presumably you are completing form SET(O) for ILR as she holds a PBS Dependent visa and not a 'dependent of settled person' visa??

There is no financial requirement for SET(O).

[suresa]

Yes. Its Set(O). So There is no further documentation required apart from the list that i shared in my earlier post ?

[CR001]

Mandatory documents
The passport issued by India for Applicant (Spouse)
Other documents
Applicant's Life in the UK Test pass notification
Consent form for the Home Office to request verification checks on Applicant's Husband for joint accounts or third party support
The language test certificate for Applicant to prove the level of English language required
Evidence of Applicant's immigration status in the UK
Declaration signed by Applicant's Husband to confirm consent for the Home Office to request verification checks
Current Biometric Residence Permit
All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

You don't need the national identity cards.

You DO need evidence of cohabitation for the last 2 years.

What is she submitting to meet the English requirement??

Useful to state or list the documents you are submitting rather than what the checklist says.

[suresa]

I have below documents:
Applicant's Passport
Applicant's BRP Card
Life in UK Test - Pass Cerficicate
IELTS Life Skills B1 Speaking and Listening by British Council
My Declaration form signed
Latest Council Tax Bill where both our names are available
Indian Marriage Certificate (Used while applying dependent visa earlier)

Any other documents required ??

[CR001]

You need more than just one item (council tax) to prove cohabitation.

You need between 3 and 6 items, either in joint names or addressed to each of you, for every 3/4 months spanning the last two years.

[suresa]

You need more than just one item (council tax) to prove cohabitation.

You need between 3 and 6 items, either in joint names or addressed to each of you, for every 3/4 months spanning the last two years.

What other documents can i provide ?
I will have NHS Letters sent to the same address for my wife.

[CR001]

NHS letters, HMRC letters, NI letters, Tenancy agreement, Utility bills, TV Licence etc etc etc

[suresa]

One More query: My wife's father is very sick and she was checking if she can submit the application and travel immediately ?

Will it be a problem if she travels ?

Is there a possibility of getting her BRP card posted to India ?

Her PBS Dependent Visa expiry is 28-Jun-2019.

[CR001]

One More query: My wife's father is very sick and she was checking if she can submit the application and travel immediately ?

Will it be a problem if she travels ?

If she travels out of the UK her application will be considered withdrawn.

Is there a possibility of getting her BRP card posted to India ?

BRP cards are not posted, they are delivered by DX Couriers, sometimes needing identification and signature.

Her PBS Dependent Visa expiry is 28-Jun-2019.

If she leaves the UK while her application is pending and her visa expires, she won't be able to return. Her Section 3C protection is also only in place if she is in the UK.

[suresa]

One More query: My wife's father is very sick and she was checking if she can submit the application and travel immediately ?

Will it be a problem if she travels ?

If she travels out of the UK her application will be considered withdrawn.

Is there a possibility of getting her BRP card posted to India ?

BRP cards are not posted, they are delivered by DX Couriers, sometimes needing identification and signature.

Her PBS Dependent Visa expiry is 28-Jun-2019.

If she leaves the UK while her application is pending and her visa expires, she won't be able to return. Her Section 3C protection is also only in place if she is in the UK.

Thanks for the reply.

I am looking at other options. If she travels to India before her Visa Expiry, can she apply for ILR from India ?

[CR001]

I am looking at other options. If she travels to India before her Visa Expiry, can she apply for ILR from India ?

You cannot apply for ILR from abroad. It is only possible to apply within the UK.

You either have to apply using the Super Priority service costing an extra £800 and hope it is processed quickly or postpone any travel.

[suresa]

I am looking at other options. If she travels to India before her Visa Expiry, can she apply for ILR from India ?

You cannot apply for ILR from abroad. It is only possible to apply within the UK.

You either have to apply using the Super Priority service costing an extra £800 and hope it is processed quickly or postpone any travel.

Ok. I think i can still go ahead Extending the PBS Dependent as well. Will the decision of that be any sooner than ILR ?

[CR001]

Ok. I think i can still go ahead Extending the PBS Dependent as well. Will the decision of that be any sooner than ILR ?

Why would you do that?? It is a 3 year extension and visa fee plus £1200 IHS to pay plus proof of 90 days maintenance funds. You would again wait up to 8 weeks for a decision if you use standard option, same as ILR.

The only way to get a quick decision (not guaranteed) is the £800 Super Priority Service.

[suresa]

Hi

Thanks for quick replies. The travel is becoming very urgent as my wife's father is really unwell.

Is there an option for her to apply PBS dependent Visa extension / ILR from India in case of any emergency situation ?

[CR001]

Is there an option for her to apply PBS dependent Visa extension

PBS Dependent entry clearance possibly but as you have ILR, it might not be possible anymore and she would have to switch to spouse of settled person visa, resetting her clock to zero for ILR.

ILR from India in case of any emergency situation ?

She cannot apply for ILR from India as I have already stated.

Not sure why you don't simply use the super priority option.

[suresa]

Is there an option for her to apply PBS dependent Visa extension

PBS Dependent entry clearance possibly but as you have ILR, it might not be possible anymore and she would have to switch to spouse of settled person visa, resetting her clock to zero for ILR.

ILR from India in case of any emergency situation ?

She cannot apply for ILR from India as I have already stated.

Not sure why you don't simply use the super priority option.

Yes. I am planning for that. Before that checking for all options

[CR001]

There is no quick way other than the super priority service, which as stated is not guaranteed. BRP card takes up to 10 days to be delivered by DX Couriers.

[suresa]

There is no quick way other than the super priority service, which as stated is not guaranteed. BRP card takes up to 10 days to be delivered by DX Couriers.

One more question, can she travel and come back on 26th or 27th June? Will immigration officers allow her ? Meanwhile i can submit her ILR on 26th ?