Immigrationboards.com

Posted: **Thu Jan 16, 2020 8:39 pm**

Dear all,

Apologies in advance for the long post and if this is the appropriate thread. Please bear with me

Please I need help as I am in the process of applying for extension for my dependents.

Background

Dependents came into the UK as PSW dependents in October 2012.
Spouse applied for Tier 4 student visa in Jan 2014
Main applicant and children dependents applied for Tier 1 Entrepreneur visa in Jan 2014 and leave to remain under TIE was granted in Feb 2014.
Spouse switched to TIE dependent and was granted leave to remain as T1E dependent 16th April 2015.
All family members applied for TIE extension in Feb of 2017, leave to remain was granted from 1st Feb 2018 to 1st Feb 2020.
Main applicant applied for ILR in August 2019 and ILR was granted on Jan 2020.

The Issue
Dependent kids have completed their 5 years qualifying period as T1E dependent, however spouse is short of qualifying with 3 months.
Just reviewing the application costs and IHS surcharge for applying for extension for all 4 dependents, it comes to a total of approximately £3,080/applicant (Application Fee + IHS Surcharge for extension visa); making the total cost for extension application approximately £12,400. For a visa that is only required for 3months after which the 4 dependants will be applying for ILR in May 0f 2020 and paying another application fee of approximately £2300 pounds each making it a total of approximately £10,000 pounds.
Sum total of application fees plus IHS surcharge within the space of 5 months will amount to approximately £23,000.

My questions
1. Is there a way I can avert or reduce the cost associated with the extension application?
2. Will I be refunded balance of unused IHS fees when my dependants apply for IRL after using up only 3 months of the extension leave to remain?
3. Is it possible to exempt my dependents children from the extension application and only apply for ILR for them when my spouse qualifies? As they are children will their overstay status cause any issue?
4. Please can anyone confirm that the following link is the correct one for the extension application: https://www.gov.uk/tier-1-entrepreneur/family-members and the application fee is £1878 per applicant.
5. If above link is the correct one; the following questions are asked in the application form
i. Who is applying for leave to remain? And the following options are made available:
a.Applicant
b.Legal representative
c.Someone else
What should be the correct option to select as I am apply for my dependents.

ii. Another question is about the visa category of the main applicant and ILR is not one of the options to select from.
Which option should I select?

iii. When paying for IHS surcharge, the request the expiry date of leave to remain for main applicant. what date should I enter here? As my ILR expiry is sometime in 2024. And inputting this date makes IHS surcharge per applicant £2000.

Thank You

Posted: **Thu Jan 16, 2020 9:24 pm**

Dear all,

Apologies in advance for the long post and if this is the appropriate thread. Please bear with me

Please I need help as I am in the process of applying for extension for my dependents.

Background
Dependents came into the UK as PSW dependents in October 2012.
Spouse applied for Tier 4 student visa in Jan 2014
Main applicant and children dependents applied for Tier 1 Entrepreneur visa in Jan 2014 and leave to remain under TIE was granted in Feb 2014.
Spouse switched to TIE dependent and was granted leave to remain as T1E dependent 16th April 2015.
All family members applied for TIE extension in Feb of 2017, leave to remain was granted from 1st Feb 2018 to 1st Feb 2020.
Main applicant applied for ILR in August 2019 and ILR was granted on Jan 2020.
The Issue
Dependent kids have completed their 5 years qualifying period as T1E dependent, however spouse is short of qualifying with 3 months.
Just reviewing the application costs and IHS surcharge for applying for extension for all 4 dependents, it comes to a total of approximately £3,080/applicant (Application Fee + IHS Surcharge for extension visa); making the total cost for extension application approximately £12,400. For a visa that is only required for 3months after which the 4 dependants will be applying for ILR in May 0f 2020 and paying another application fee of approximately £2300 pounds each making it a total of approximately £10,000 pounds.
Sum total of application fees plus IHS surcharge within the space of 5 months will amount to approximately £23,000.

My questions
1. Is there a way I can avert or reduce the cost associated with the extension application?
2. Will I be refunded balance of unused IHS fees when my dependants apply for IRL after using up only 3 months of the extension leave to remain?
3. Is it possible to exempt my dependents children from the extension application and only apply for ILR for them when my spouse qualifies? As they are children will their overstay status cause any issue?
4. Please can anyone confirm that the following link is the correct one for the extension application: https://www.gov.uk/tier-1-entrepreneur/family-members and the application fee is £1878 per applicant.
5. If above link is the correct one; the following questions are asked in the application form
i. Who is applying for leave to remain? And the following options are made available:
a.Applicant
b.Legal representative
c.Someone else
What should be the correct option to select as I am apply for my dependents.

ii. Another question is about the visa category of the main applicant and ILR is not one of the options to select from.
Which option should I select?

iii. When paying for IHS surcharge, they request the expiry date of leave to remain for main applicant. what date should I enter here? As my ILR expiry is sometime in 2024. And inputting this date makes IHS surcharge per applicant £2000.

Thank You
Top

Posted: **Thu Jan 16, 2020 10:51 pm**

1. Is there a way I can avert or reduce the cost associated with the extension application?

There is a way. They apply for ILR directly on the last day of their visa and then try to book their appointment within 28 days of completing 5 years. They will be protected under section 3C. No priority service simply standard service

2. Will I be refunded balance of unused IHS fees when my dependants apply for IRL after using up only 3 months of the extension leave to remain?

No

3. Is it possible to exempt my dependents children from the extension application and only apply for ILR for them when my spouse qualifies? As they are children will their overstay status cause any issue?

You cannot do that, they become overstayers

4. Please can anyone confirm that the following link is the correct one for the extension application: https://www.gov.uk/tier-1-entrepreneur/family-members and the application fee is £1878 per applicant.

Yes

5. If above link is the correct one; the following questions are asked in the application form
i. Who is applying for leave to remain? And the following options are made available:
a.Applicant
b.Legal representative
c.Someone else
What should be the correct option to select as I am apply for my dependents.

Applicant

ii. Another question is about the visa category of the main applicant and ILR is not one of the options to select from.
Which option should I select?

It is Tier 1E

iii. When paying for IHS surcharge, they request the expiry date of leave to remain for main applicant. what date should I enter here? As my ILR expiry is sometime in 2024. And inputting this date makes IHS surcharge per applicant £2000.

You need to pay IHS for 3 years as PBS dependant is issued for 3 years. Adjust the date accordingly

Posted: **Fri Jan 17, 2020 12:01 am**

Zimba wrote: ↑
Thu Jan 16, 2020 10:51 pm

1. Is there a way I can avert or reduce the cost associated with the extension application?
There is a way. They apply for ILR directly on the last day of their visa and then try to book their appointment within 28 days of completing 5 years. They will be protected under section 3C. No priority service simply standard service

Dear Zimba,

Thanks for your response. Please can you kindly help clarify the above point in context please. The important dates in this scenario are
1st Feb 2020 - current leave to remain as T1E dependent expires.
16th April 2020- spouse complete 5 years as T1E dependent.

Questions:
1. is there any requirement around when biometrics must be enrolled after submitting online application?
2. When will you advice I take them for biometrics enrolment.

Thank you

2. Will I be refunded balance of unused IHS fees when my dependants apply for IRL after using up only 3 months of the extension leave to remain?
No

3. Is it possible to exempt my dependents children from the extension application and only apply for ILR for them when my spouse qualifies? As they are children will their overstay status cause any issue?
You cannot do that, they become overstayers

4. Please can anyone confirm that the following link is the correct one for the extension application: https://www.gov.uk/tier-1-entrepreneur/family-members and the application fee is £1878 per applicant.
Yes

5. If above link is the correct one; the following questions are asked in the application form
i. Who is applying for leave to remain? And the following options are made available:
a.Applicant
b.Legal representative
c.Someone else
What should be the correct option to select as I am apply for my dependents.
Applicant

ii. Another question is about the visa category of the main applicant and ILR is not one of the options to select from.
Which option should I select?
It is Tier 1E

iii. When paying for IHS surcharge, they request the expiry date of leave to remain for main applicant. what date should I enter here? As my ILR expiry is sometime in 2024. And inputting this date makes IHS surcharge per applicant £2000.
You need to pay IHS for 3 years as PBS dependant is issued for 3 years. Adjust the date accordingly

Posted: **Fri Jan 17, 2020 12:31 am**

What clarifications do you need ? I was clear

Posted: **Fri Jan 17, 2020 2:26 pm**

Zimba wrote: ↑
Fri Jan 17, 2020 12:31 am
What clarifications do you need ? I was clear

Thanks Zimba,

And sorry to be back at it again; I am keen on just making an ILR application for my dependents instead of having to apply for an extension.

Please can you Kindly help clarify the following queries:

1. Is there any requirement (in terms of timeline) around when biometrics must be enrolled after submitting an online application?

2. Considering that I will submit the online application on 1st feb 2020 and my spouse's 5 years qualifying period is 16th April 2020 and earliest timeframe to apply for ILR to be 16th March 2020; will HO not pick on the fact that the ILR application was submitted earlier than 28 days of the qualifying period ?
As I have very little knowledge of section 3c; is this what you mean by being covered under section 3c?

Thank you

Posted: **Sat Jan 18, 2020 1:10 pm**

1. Within 40 days of submission
2. You must be eligible on the day of the decision. I suggested to delay the appointment as much as possible. As long as on the day of the decision, your spouse is eligible for ILR they will be granted. The Section 3C ensures they remain lawfully in the UK. So even if you book an appointment before their eligibility and go for the standard service, by the time the case worker processes their application, they will be eligible for ILR. I am suggesting this so that you can save your money and avoid the extension

Posted: **Sat Jan 18, 2020 4:35 pm**

Zimba wrote: ↑
Sat Jan 18, 2020 1:10 pm
1. Within 40 days of submission
2. You must be eligible on the day of the decision. I suggested to delay the appointment as much as possible. As long as on the day of the decision, your spouse is eligible for ILR they will be granted. The Section 3C ensures they remain lawfully in the UK. So even if you book an appointment before their eligibility and go for the standard service, by the time the case worker processes their application, they will be eligible for ILR. I am suggesting this so that you can save your money and avoid the extension

Thanks Zimba for clarifying. This is such a relieve.

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