Tier 2 PBS Dependent Visa Extension

Hi Team - I wanted to discuss my situation with you to get your expert advice.

--> Me and my family initially got the PBS Tier 2 general and dependent visa for 5 years.
--> I have applied for my ILR on 2nd June,2020 and awaiting decision but since my family were not eligible so they will be applying for Tier 2 dependent extension for 3 years.
--> My solicitor told me that as my initial leave was for 5 years so while applying for Tier 2 dependent extension for 3 years I need to pay (NHS health surcharge + Visa application fees) for 5 years to get the 3 years extension.

Just wanted to check if is that the case? Appreciate any advice and help on this as this seems to be hitting my pocket quite hard.

When was their first dependent visa issued?

PBS dependents get a 3 year extension if you applied for or have ilr. This is clearly stated in the immigration rules.

When was their first dependent visa issued?
## It was issued in 2015.

PBS dependents get a 3 year extension if you applied for or have ilr. This is clearly stated in the immigration rules.
## As mentioned I have already applied for ILR on 2nd June, 2020 and awaiting bio-metric slot and decision. Seems by the time I will get the ILR decision their existing Leave will expire so hence have to file for extension. I understand decision on the extension will only come after my ILR application decision but in all circumstances I need to apply for extension before their leave expires by 15th Jul'20

When was their first dependent visa issued?
## It was issued in 2015.

There are 12 months in a year. When exactly were the dependent visas issued?? Why do they not qualify for ILR yet if their visas were issued in 2015 at some point?

## As mentioned I have already applied for ILR on 2nd June, 2020 and awaiting bio-metric slot and decision. Seems by the time I will get the ILR decision their existing Leave will expire so hence have to file for extension. I understand decision on the extension will only come after my ILR application decision but in all circumstances I need to apply for extension before their leave expires by 15th Jul'20

They will still only get a 3 year extension. It is unclear from your post why they do not qualify for ILR if their visas were issued in 2015.

When was their first dependent visa issued?
## It was issued in 2015.

There are 12 months in a year. When exactly were the dependent visas issued?? Why do they not qualify for ILR yet if their visas were issued in 2015 at some point?

## As mentioned I have already applied for ILR on 2nd June, 2020 and awaiting bio-metric slot and decision. Seems by the time I will get the ILR decision their existing Leave will expire so hence have to file for extension. I understand decision on the extension will only come after my ILR application decision but in all circumstances I need to apply for extension before their leave expires by 15th Jul'20

They will still only get a 3 year extension. It is unclear from your post why they do not qualify for ILR if their visas were issued in 2015.
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## The leave was granted with the valid from date 19/06/2015 and valid until 18/07/20.

## What makes their ILR case little tricky - they were not in the country for last 22 months(approx 2 years) and were out of country at the time when I applied for ILR. They will be in country by end of this week. I understand as their leave was before 2018 (when new dependents absence rules came in) their absences are not considered ideally but now if they apply for their ILR my wife becomes the primary applicant and all her absences will need to be filled in explicitly and I am not sure how case worker considers (co-habitation and absences etc) it thus poses a little risk to application & money and hence decision to extend the visa for 3 years and apply ILR after 2 years with the only mention of absences against the new leave (if any).

## And it is when I was planning to start the process and getting ready for 3 years visa extension for them, my solicitor told me that as my initial leave was for 5 years so while applying for Tier 2 dependent extension for 3 years I need to pay (NHS health surcharge + Visa application fees) for 5 years to get the 3 years extension which I was quite surprised with. Hence wanted to have your expert advice on.

## What makes their ILR case little tricky - they were not in the country for last 22 months(approx 2 years) and were out of country at the time when I applied for ILR. They will be in country by end of this week. I understand as their leave was before 2018 (when new dependents absence rules came in) their absences are not considered ideally but now if they apply for their ILR my wife becomes the primary applicant and all her absences will need to be filled in explicitly and I am not sure how case worker considers (co-habitation and absences etc) it thus poses a little risk to application & money and hence decision to extend the visa for 3 years and apply ILR after 2 years with the only mention of absences against the new leave (if any).

There is NO absence limit if the visa was issued before 11th January and no absences need to be declared. Cohabitation is separate to this.

## And it is when I was planning to start the process and getting ready for 3 years visa extension for them, my solicitor told me that as my initial leave was for 5 years so while applying for Tier 2 dependent extension for 3 years I need to pay (NHS health surcharge + Visa application fees) for 5 years to get the 3 years extension which I was quite surprised with. Hence wanted to have your expert advice on.

Stop listening to the solicitor. Simply select 'up to 3 years' for the extension.

Thanks for your responses. Appreciate that. Couple of queries out of those.

CR001 wrote: ↑

Wed Jun 17, 2020 10:19 am

## What makes their ILR case little tricky - they were not in the country for last 22 months(approx 2 years) and were out of country at the time when I applied for ILR. They will be in country by end of this week. I understand as their leave was before 2018 (when new dependents absence rules came in) their absences are not considered ideally but now if they apply for their ILR my wife becomes the primary applicant and all her absences will need to be filled in explicitly and I am not sure how case worker considers (co-habitation and absences etc) it thus poses a little risk to application & money and hence decision to extend the visa for 3 years and apply ILR after 2 years with the only mention of absences against the new leave (if any).

There is NO absence limit if the visa was issued before 11th January and no absences need to be declared. Cohabitation is separate to this.

## So if I have understood it correctly - even if my family applies for ILR (now) with wife as main applicant (which by all means they are eligible considering their leave was issued before 2018) there is no need to put any absences (last 22 months absence) for primary applicant which is my wife in this case?

## And it is when I was planning to start the process and getting ready for 3 years visa extension for them, my solicitor told me that as my initial leave was for 5 years so while applying for Tier 2 dependent extension for 3 years I need to pay (NHS health surcharge + Visa application fees) for 5 years to get the 3 years extension which I was quite surprised with. Hence wanted to have your expert advice on.

Stop listening to the solicitor. Simply select 'up to 3 years' for the extension.

## So if I select 'up to 3 years' then it means we need to pay only for 3 years (NHS health surcharge + Visa application fees) and there is no risk to the application! Is that correct?

## So if I select 'up to 3 years' then it means we need to pay only for 3 years (NHS health surcharge + Visa application fees) and there is no risk to the application! Is that correct?

Correct, as that is all they can get and what UKVI will issue.

Thanks CR001 for your response. Appreciate that.

Hi CR001 - I have a query to check with you.
As now my family is in the country (entered UK on 24th June, 2020), Is it OK for them to apply for ILR without any risk to their application outcome?

Little Background

## Their 5 year leave was granted with the valid from date 19/06/2015 and valid until 18/07/20 same as the primary applicant which is me.

## I submitted my ILR application on 2nd Jun, 2020.

## What makes their ILR case little tricky - they were not in the country for last 22 months(approx 2 years) and were out of country at the time when I applied for ILR. I understand as their leave was before 11th Jan' 2018 (when new dependents absence rules came in) their absences are not considered ideally but now if they apply for their ILR my wife becomes the primary applicant and all her absences will need to be filled in explicitly and I am not sure how case worker considers (co-habitation and absences etc).

## Thus wanted to have your expert advice on is it safe for us me to go ahead with my dependents ILR or PBS extension is the way ahead?

Thanks for your help as always.

Hi Experts - Please advice on this case.. It is little urgent considering little time left in visa expiry.
Appreciate any inputs on the above,

Hi Team - Appreciate any reply even if it is case this my query has been answered earlier and nothing has changed from previous response...
Just gives me a confidence to move ahead.

Thanks for your understanding