Extension of PBS dependant when main applicant has already switched to ILR

Hi,

I've searched on the boards but couldn't find an appropriate thread with this question. Please correct me (and point me to the resource) if this has been answered before.

I (main applicant) acquired my ILR in Oct 2019. Before that I was on Tier 1 Exceptional Talent (Jul 2018 to Oct 2019) and prior to that on Tier 2 General (Aug 2014 to Jul 2018). My wife arrived in the UK as PBS dependant in Feb 2017, renewed her PBS dependant visa when I switched from Tier 2 General to Tier 1 Exceptional Talent.

Now since her PBS dependant visa expires in a couple of months (and her 5 year time period for ILR isn't yet complete and not until Feb 2022), what are her options? I've read (see Guidance below) but a bit unsure that she would still need to apply as if I'm (main applicant) on Tier 1 Exceptional Talent visa. Is this understanding correct?

Are there any other visa options for her to consider (without making her ILR eligibility time criteria longer)? We have a child together who is a British citizen.

Guidance:
(1) https://assets.publishing.service.gov.u ... 2-2020.pdf
(2) https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Thanks!!

what are her options? I've read (see Guidance below) but a bit unsure that she would still need to apply as if I'm (main applicant) on Tier 1 Exceptional Talent visa. Is this understanding correct?

She applies for a PBS Dependent extension in the normal way. It will be a 3 year extension.

Are there any other visa options for her to consider (without making her ILR eligibility time criteria longer)?

No.

We have a child together who is a British citizen.

Irrelevant.

Thanks!

Further questions on application form:

1) When I fill in the online application form on behalf of my wife, I have to provide my latest PBS route (as per the information in the application form), which was Tier 1 Exceptional Talent. However, I'm not sure what Biometric Resident Permit information (permit number, start and end dates) I should provide. Since the online form says use the latest PBS route, so I'm guessing the permit information also has to be the one on Tier 1 Exceptional Talent permit. Is this correct? (Also see 2 - which is related)

2) When I go to the IHS website to pay for the IHS surcharge, the options I get are all PBS routes. When I add start and end date of my Tier 1 visa, the surcharge is calculated as £200. I thought it would be higher. However, if start and end dates are of my ILR then it is £1800, which can't be correct as per the form in 1).

Nowhere in the application I'm asked about the length of renewal.

May be I am overthinking this and/or doing something wrong. Any pointers on Home Office guidance on this would be greatly appreciated.

1. Either brp.

2. You put your ilr expiry date as three years from now. You don't out your tier 1 expiry date.

It will be a 3 year renewal regardless as that is what the immigration rules state.

Thanks for the response. Much appreciated.

Regarding 2), wouldn't putting an end date that doesn't exist on any document considered incorrect or false information? If this has to be the case then HO really must consider their rules or disambiguate the form.

I read on a related thread in this forum that one could put the expiry date of Tier 1, pay £200 surcharge, and HO should contact to pay the rest of the IHS surcharge. That at least seems to be a safer option as no incorrect or false information is provided.

I've not found any official guidance on the question above. PBS dependant visa guidance is silent on the question I ask, which I find odd to say the least.

Thoughts?

Regarding 2), wouldn't putting an end date that doesn't exist on any document considered incorrect or false information? If this has to be the case then HO really must consider their rules or disambiguate the form.

No it is not,many have done it as it is a known glitch in the IHS system, which is what the relevant expiry date is for.

Thanks once again. Much appreciated.