PBS dependent visa extension on ILR holder

[fazman]

Hi,

I'm currently on ILR having been on Tier 2 for 5 years. My spouse came to the UK in Jan 2018 under a Tier 2 dependant visa, and her visa is currently expiring on the 19th of November. Could someone please answer:

1- My spouse will need to apply for a PBS extension or FLR (M) ??
2- We are aiming for her to apply for ILR, and do not want to reset the clock. Which route would be ideal?
3- When is the soonest that my spouse could apply for this extension? is it still 28 days pre-expiry date?

Many thanks to you all for your help on this.

[CR001]

1. PBS dependents extension for 3 years.

2. PBS dependent extension

3. Whenever she wishes. Presumably you meet the 90 days maintenance requirement of £630?

[fazman]

Yes, we do meet maintenance requirements.

1. For PBS dependant extension, do we need a COS? My COS has expired and I don't have a COS.
2. First PBS dependant was given from Jan 2018 to Nov 2019 (i.e. 21 months). Let's say for this extension, they will provide another three years. Is it possible to apply for another PBS extension to meet 5-year requirements for ILR?

[CR001]

1. No. She is dependent on YOU not your previous sponsor.

2. Yes, but you could apply as late as possible online before expiry date using standard service and hopefully it is granted to cover the couple of months short for ilr. Date of visa start is from date of decision or approval, it is not tagged onto the expiry date of her visa. Date of application is the date you submit and pay online and not the date of ukcvas appointment which can be after visa expiry.

[fazman]

Makes sense. Thanks.

1- Is FLR(M) route also applicable to my spouse in this case? Since it will reset the clock, it is not recommended?

[CR001]

Yes she can do FLR m if she meets the English and financial requirement but it will reset her clock to zero and a new 5 year route to ilr, 2 X 2.5 year visas.

[fazman]

Are the below answers correct:

1- Is Mr XXXX's work in a shortage occupation? No

2- What is the length of Mr XXXX's Certificate of Sponsorship (CoS)? 3 years or less even though I don't have COS

3- Has XXXXs sponsor agreed to certify your maintenance? No

4- Financial institution (such as a bank or building society) Name of the bank in the UK say Lloyds bank

5- Bank statements - My statements showing that I have had at least £630.00 in cash savings for 90 consecutive days.

[CR001]

Yes fine.

[fazman]

We were about to pay the health surcharge and my ILR visa expiry date. She has been on PBS Dependent for 1.8 years now. Based on that to qualify for five years, are the below answers correct?

1- Visa route - Tier 2
2- Visa type - Tier 2 (General) up to 3 years

a) Do they extend her visa only for 3 years then (which would be 4 years and 8 months in total)?
b) Can I select Tier 2 (General) over 3 years which is not the route I came in the first place (My route was Tier 2(General) up to 3 years + Tier 2(General) extension for another 3 years) ??

Thank you once again.

[CR001]

She will only get an extension for 3 years. This is clearly stated in the Immigration Rules and what the caseworker follows strictly. You cannot apply for less or for more.

[fazman]

I entered my ILR visa expiry date to 30/12/2022. My actual ILR visa expiry date is 31/12/2024. It says to pay £1400.

1- Do you think I should have entered the visa expiry date as 30/09/2022 for 3 year extension? So I only £1200.
2- Even if I pay for 3 and a half years, they will be extending it only for 3 years right?

[CR001]

I entered my ILR visa expiry date to 30/12/2022. My actual ILR visa expiry date is 31/12/2024. It says to pay £1400.

1- Do you think I should have entered the visa expiry date as 30/09/2022 for 3 year extension? So I only £1200.
2- Even if I pay for 3 and a half years, they will be extending it only for 3 years right?

1. Enter the expiry date as the date you are submitting and the year 2022 to get the correct amount of £1200. She should apply as close to her visa expiry as possible, using the standard 8 week service to get some extra time. What was the date her initial visa was ISSUED??

2. Yes, she will only get a 3 year extension.

[fazman]

Her visa date of issue is 18/12/2017 and expire date is 19/11/2019. Entered UK on 6/01/2018.

[CR001]

She can apply for ILR within 28 days before 18 December 2022.

If you submit and apply for her extension online a few days before her visa expires using standard service, she will get a visa up to or just past the 5 year mark and she won't need another extension to cover a couple of months,

[fazman]

ILR Calculation (Tentative)

Visa issue date: 18/12/2017
Visa expiry date: 19/11/2019

Period: 23 months, 2 days including the end date.

Say I apply two days before the expiry date on 17/11/2019 using the standard service

Lets say they issue the visa on 07/12/2019
Visa expiry date: 07/12/2022

Period: 36 months, 1 day including the end date.

Total: 59 months 1 days

1. Still there is a gap of that one month right?
2. Can we also include the one month period under which visa application has been under process??

[CR001]

She does not need a valid visa for the whole 5 years. It must be valid on the date she applies for ILR though and she can apply within 28 days before 18 December 2022.

Standard service takes about 8 weeks.