Help! More IHS fee (Full 3 year) asked for 6 month PBS Tier 2 Dependant Extension

I came to the UK in 2016 on Tier 2 Gen Visa. My wife came to the UK in 2019 on as a dependent. She has completed 4 years 8 months in the UK. I gained British Citizenship in March. Her previous visa extension for 3 years was based on me receiving ILR. Her extended visa expired on 14 July 2024. After great difficulty we found the link for a dependent visa extension and applied for an extension of 6 months (on the 12th), with the intention to apply for ILR in December. We paid an IHS fee of £517.5 for 6 months. The end date we mentioned was 1 day less than 6 months calculated. We mentioned our intentions clearly in the cover letter we put forth with the application. Finances are also clear. We sent all proofs for the last 2-3 years.

Last week we received an email saying they need more information and that the result would not be granted within the [timeframe]. They actually wrote "[timeframe]" instead of putting in the date that they mentioned when the application was submitted. Today, FRIDAY, at 1 PM of the 2nd of Aug we received an email saying we have to pay another £2587 of IHS fee to continue with the application or it will be refused. We need to pay this by 12th Aug. That email also said that they have made some changes in details of the application. I could not talk to UKVI as I got to know this at 5:30 PM today. I intend to call them on Monday first thing. They have not mentioned any other documents in that email.

Has anyone had similar issue? Why are they asking for more IHS FEE without us making any changes? What is the solution to this? Please point out flaws or ask me more so this issue can be resolved.

Any and all advise on this matter is appreciated. Thanks.

Unfortunately, SW 36.1.(b) is to blame.

Worst.

Baiscally, you cannot be granted leave for 6 months - it'll be granted for 3 years. So you need to pay IHS for 3 years.

AB33224455 wrote: ↑

Sat Aug 03, 2024 1:47 am

I could not talk to UKVI as I got to know this at 5:30 PM today. I intend to call them on Monday first thing.

You will talk to an outsourced call center, not UKVI staff. They are extremely limited in terms of affecting the decisions, if they're even able to do so at all (most likely, no).

Moreover, they may give wrong answers.

UPDATE:

I asked multiple solicitors and people for advice on this matter and frustratingly ended up paying the full IHS fee for 3 years just before the last day.

There were a few I came across, who suggested options which were not feasible and not correct in this case. They also asked at least £1000 for sorting this but eventually would not have worked due to their wrong interpretation of the law. One of the persons, also said to apply for a refund after applying for ILR in 6 months which was actually against the immigration rules.

It is a stupid rule and due to lack of proper provisions in cases requiring less time on the visa it makes it
more difficult to fight them before or after the application. The case to be made to fight in this case would have been very weak.

So in the end we have received a 3 year extension visa now and my apply for ILR may be in a year or so as funds are short right now.

Thanks all for the help.

vinny wrote: ↑

Sat Aug 03, 2024 2:08 am

Unfortunately, SW 36.1.(b) is to blame.

vinny wrote: ↑

Tue Aug 13, 2024 7:02 am

CR001 wrote: ↑

Sun Aug 11, 2024 3:22 pm

You cannot get an extension for just 2 months. The immigration rules state it is a 3 year extension and there is no discretion, regardless of when a person qualifies to apply for ILR.

Guidance confirms.
Assessing applications for dependent partners and dependent children

A dependant cannot request to be granted shorter permission than the rules state. For example, if a lead applicant has settled as a Skilled Worker and the dependant only needs 10 months to reach their 5 year settlement requirement they will have to apply for, and pay associated fees and charges, for 3 years permission.

AB33224455 wrote: ↑

Sun Aug 25, 2024 3:26 pm

One of the persons, also said to apply for a refund after applying for ILR in 6 months which was actually against the immigration rules.

Actually, they had changed their refund policy for the worst.