Varying Tier 2 dependent extension to ILR

Hi,

Apologies in advance is I have created a duplicate thread. I am looking for some advice here.

I had the tier 2 general visa for 5 years, June 2016 to June 2021. I completed my 5 years and got my ILR. My tier 2 general visa expiry is 23 June 2021

My spouse changed to my tier2 general dependent in Dec 2016. Just FYI, she was on tier 2 ICT from Apr 2016 to Dec 2016. Her continous 5 year period on tier2 general(now skilled worker) will be in Dec 2021.

Her current tier2 general dependent visa will expire on 23rd June 2021. I had to apply for extension on skilled worked dependent (old tier 2 dependent). I have following question on IHS fee and visa expiry date.

Q1- I have to apply for skilled worker dependent extension, as per the form I have selected skilled worked 3 years route. I hope this is correct
Q2- works start date - I will give as 23-jun-21, work end date - 31-dec-21, visa expiry date 21-dec-21. As she needs only upto Dec 21 to complete 5 years continous period.
Q3- as per above date IHS calculated as 624 for a year. I am planning to pay for 1 year and then will submit the application

So, my question is - Will this be ok? I called UKVI helpline no and they confirmed that I don't have to pay IHS for 3 years and pay only until Dec 21 as she will compete the 5 years by Dec. But as you know extension form is for 3 years only but IHS is paid for 1 year, will extension be refused or will be given until Dec 21?

There is no choice in the length of the period of your spouse's visa extension, it will be 3 years. Refer to the Immigration Rules:

Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker

SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q1- I have to apply for skilled worker dependent extension, as per the form I have selected skilled worked 3 years route. I hope this is correct

it is correct

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q2- works start date - I will give as 23-jun-21, work end date - 31-dec-21, visa expiry date 21-dec-21. As she needs only upto Dec 21 to complete 5 years continuous period.

If your last CoS was for 3 years give the start and end dates in that CoS

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q3- as per above date IHS calculated as 624 for a year. I am planning to pay for 1 year and then will submit the application

You'll have to pay 3 years IHS but may be due a partial refund eventually

manci wrote: ↑

Tue Jun 01, 2021 1:48 pm

There is no choice in the length of the period of your spouse's visa extension, it will be 3 years. Refer to the Immigration Rules:

Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker

SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q1- I have to apply for skilled worker dependent extension, as per the form I have selected skilled worked 3 years route. I hope this is correct

it is correct

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q2- works start date - I will give as 23-jun-21, work end date - 31-dec-21, visa expiry date 21-dec-21. As she needs only upto Dec 21 to complete 5 years continuous period.

If your last CoS was for 3 years give the start and end dates in that CoS

immg83 wrote: ↑

Mon May 31, 2021 9:27 am

Q3- as per above date IHS calculated as 624 for a year. I am planning to pay for 1 year and then will submit the application

You'll have to pay 3 years IHS but may be due a partial refund eventually

Thanks, I am very clear on rest of the points but only sticking point is IHS payment. I understand that skilled worked extensionn is only for 3 years when main applicant granted ILR (settlement SW 36.1) but there is confusion on IHS, for partial refund, it is not applicable if applying ILR, so effectively i will end up paying 3x648=1944 even when I should be paying 324 for 5 months. Has any one tried to apply skilled worked dependent extension for 3 years but paid ihs for lessor time?

You cannot pay less than 3 years IHS for a 3 year PBS dependent extension.

CR001 wrote: ↑

Tue Jun 01, 2021 4:48 pm

You cannot pay less than 3 years IHS for a 3 year PBS dependent extension.

Hi CR001,
Thanks for replying on this. But i called the HO and phone excutive mentioned that i can out the Visa expiry date as Dec 21 to have the IHS paid only for 6 months as she will meet the ILR 5 years period by that time.

Also i checked this on Immigration board. please check 3(b) which mentioned about "to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319E)" Can you please confirm this?
immigration-for-family-members/dependan ... 14832.html

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319E). Though switching to FLR(M) leave is also an option but anyone switching to FLR(M) on or after 06-Aprl-14 will have his/her ILR clock reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement, unless switched back?

The call centre is wrong. Note also that the call centre is outsourced to a third party agent, you are not speaking to ukvi staff.

The immigration rules states she will get a 3 year extension. IHS is payable for the duration of what she is applying for. If you pay less, I can guarantee you that the application will be delayed as you will be asked to pay the balance of the IHS.

When she qualifies for ilr is irrelevant to this.

immg83 wrote: ↑

Wed Jun 02, 2021 12:12 pm

i called the HO and phone excutive mentioned that i can out the Visa expiry date as Dec 21 to have the IHS paid only for 6 months as she will meet the ILR 5 years period by that time.

You didn't speak with the HO, the service you called has been outsourced by the HO to a commercial organisation and they have been known to give incorrect advice from time to time

immg83 wrote: ↑

Wed Jun 02, 2021 12:12 pm

Also i checked this on Immigration board

what you quoted from is dated 2012 and is no longer current

Thanks manci, CR001,

I think you guys are correct, I checked both 319D and SW 36.1 for dependent extension and both places i see extension of 3 years is mentioned. Also i checked the IHS guideline for case worker and it clearly mentioned that if IHS is not paid for applied duration of leave to remain then case worker will ask applicant to do the top up within 10 working days. Also i have seen some cases where IHS was paid less and case worker asked to do the top up. So unfortunately there is no way out of this IHS Fee for 3 years extension which in my mind unfair but no other option but to pay. Thanks again. I will be doing the application next week and i will be paying for 3 years

Hi,

I am on Tier 2 G visa and submitted my ILR (set O) application with priority and waiting for Biomatric.
Got 02-JUL-2021 as Biomatric appointment date.

My Tier 2 G Visa information
Tier 2 G Visa expiry: 23-JUL-2021
Tier 2 G Visa Entry Clearance date: 04-JUL-2016.

My spouse came to UK on 04-APR-2016 on Tier 2 ICT and later converted to my Tier 2 Dependent.
My spouse T2 Dependent Visa details:
Tier 2 Dependent Visa approval date: 05-Dec-2016
Tier 2 Dependent visa expiry date: 23-Jul-2021 (Same as mine)

My spouse will complete the 5 years continuous period on Tier 2 Dependent on 04-Dec-2021.
She will be eligible to apply the application 28 days before which will be on 06-Nov-2021

I am thinking to apply for tier 2 dependent extension and then vary to ILR application. Please let me know if below is possible and legal way to apply.

Tier 2 Dependent Extension steps
Step1: Apply Tier 2 Dependent (Skilled Worker Dependent) on 22-Jul-2021 (1 day before visa expiry). Pay visa extension fee + 1 year IHS (do i need to pay for 3 years IHS?)
Step2: Wait for 45 working days to get the biomatric appointment, say book on 20-Sept-2021.
Step3: Upload all documents for Tier 2 Dependent but do not submit until biomatric day. Submit the docs on 20-sept-2021

Submit a vary ILR application
Step4: Submit the Vary Skilled worked Dependent settlement form Set O (ILR) on 21-sept-2021. Standard service no priority service. I am hoping that approval is not granted on extension application
Step5: Upload and submit all documents with cover letter stating that please hold the extension application and consider the ILR application.
Step5: Book an biomatric appointment in last days i.e. 20-Nov-2021.
Step6: Wait for decision from HO
As we have selected normal service, i am hoping that HO will take >4 months to decide on application

I see that my spouse will be completing 5 years on 04-Dec-2021, Biomatric submitted on 20-Nov-2021, Is there any issue with above approach, can i rely on this approach to get the refund for extension fee and IHS fee?

Topics merged!!!

You have already been advised that you have to pay 3 years ihs. You don't have a choice in this to pay only one year.

She cannot apply to vary to ILR on the 21st of September as she doesn't qualify for ilr on this date. Date of application is the date you submit and pay online and not the biometric appointment date

Applications do not take 4 months to be decided. The majority of applications are decided within 2 to 8 weeks.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

Topics merged!!!

Apologies for merging topic. I happened by mistake.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

You have already been advised that you have to pay 3 years ihs. You don't have a choice in this to pay only one year.

Thanks for clarifying again. I understand that for extension visa (Minimum 3 years period) and hence 3 years IHS fee. This is understood.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

She cannot apply to vary to ILR on the 21st of September as she doesn't qualify for ilr on this date. Date of application is the date you submit and pay online and not the biometric appointment date

As per the CR 6.1 --> CR should be based on a,b,c,d below. If i consider c as the counting date, then application submission date i.e. 21st sept is irrelevant. Case worker will count the 5 years period on decision date. I assume decision can't be made before submitting the Biomatric which will be on 21st Nov.
And if i go by standard route i anticipate no decision before 4th December when she will qualify with 5 years CR. I understand, i am trying to do which is quite risky but this is all i am doing to save £3k which i have to pay for just 4 months extension and which is lot of money for me.

CR 6.1. The continuous residence period in CR 2.1. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

Applications do not take 4 months to be decided. The majority of applications are decided within 2 to 8 weeks.

I was referring to ILR (set O). As per the time line thread for Set O, normal standard route takes more than 4 months for majority of people.

My only apprehension is that even after taking all these risks, i may end up having extension approval before ILR decision and then i need to fight for refund of extension fee and IHS fee. I have seen Cullinan advising on similar topic. Any advice would be really helpful.

Hello immg83

Did you proceed with extension of your spouse visa and thinking to vary it to ILR application?
Please advise as I am also in similarly sort of problem my wife is just short of 4 months for ILR

Thanks

immg83 wrote: ↑

Wed Jun 09, 2021 7:45 am

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

Topics merged!!!

Apologies for merging topic. I happened by mistake.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

You have already been advised that you have to pay 3 years ihs. You don't have a choice in this to pay only one year.

Thanks for clarifying again. I understand that for extension visa (Minimum 3 years period) and hence 3 years IHS fee. This is understood.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

She cannot apply to vary to ILR on the 21st of September as she doesn't qualify for ilr on this date. Date of application is the date you submit and pay online and not the biometric appointment date

As per the CR 6.1 --> CR should be based on a,b,c,d below. If i consider c as the counting date, then application submission date i.e. 21st sept is irrelevant. Case worker will count the 5 years period on decision date. I assume decision can't be made before submitting the Biomatric which will be on 21st Nov.
And if i go by standard route i anticipate no decision before 4th December when she will qualify with 5 years CR. I understand, i am trying to do which is quite risky but this is all i am doing to save £3k which i have to pay for just 4 months extension and which is lot of money for me.

CR 6.1. The continuous residence period in CR 2.1. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission.

CR001 wrote: ↑

Tue Jun 08, 2021 5:03 pm

Applications do not take 4 months to be decided. The majority of applications are decided within 2 to 8 weeks.

I was referring to ILR (set O). As per the time line thread for Set O, normal standard route takes more than 4 months for majority of people.

My only apprehension is that even after taking all these risks, i may end up having extension approval before ILR decision and then i need to fight for refund of extension fee and IHS fee. I have seen Cullinan advising on similar topic. Any advice would be really helpful.

Hello immg83

Did you proceed with extension of your spouse visa and thinking to vary it to ILR application?
Please advise as I am also in similarly sort of problem my wife is just short of 4 months for ILR

Thanks

Hi,
Let me explain what I tried. I applied for my spouse Tier2 dependent visa extension before expiry date on 23rd July with only 6 months IHS fee with cover letter that she will be eligible for ILR in December and hence paying the IHS for 6 months. But unfortunately case worker asked her top the IHS fee for remaining 2 and half years. So effectively you have pay the IHS for 4 years and there is no escape route for this.

As CR001 and others advised, extension is for 3 years and IHS has to be paid to 4 years.

This is what i tried
1. 22-July21: Submitted extension application on 22nd july just 1 day before expiry on 23rd July 2021
2. Paid IHS only for 6 months
3. 21-sep-21: Booked the biometric on last possible date (60 days). Booked on 21st September
4. 29-sep-21: Got an email from case worker to top the IHS for remaining 2 and half year. Given 5 days to pay
5. 02-oct-21: Paid top of IHS fee by last day
6. 10-oct-21: Received extension visa approval email followed with brp card.

So, i can say if anyone has a gap of 2 months in ILR then there is chance to apply a vary ILR application on top of extension visa. If more than two months gap then it is touch and go..

P.S.: I am preparing the ILR application for her as she is eligible now and will try to apply for IHS refund but i am not very hopeful because no IHS refund after ILR. So finger crossed.

immg83 wrote: ↑

Sat Nov 13, 2021 12:11 am

Hi,
Let me explain what I tried. I applied for my spouse Tier2 dependent visa extension before expiry date on 23rd July with only 6 months IHS fee with cover letter that she will be eligible for ILR in December and hence paying the IHS for 6 months. But unfortunately case worker asked her top the IHS fee for remaining 2 and half years. So effectively you have pay the IHS for 4 years and there is no escape route for this.

As CR001 and others advised, extension is for 3 years and IHS has to be paid to 4 years.

This is what i tried
1. 22-July21: Submitted extension application on 22nd july just 1 day before expiry on 23rd July 2021
2. Paid IHS only for 6 months
3. 21-sep-21: Booked the biometric on last possible date (60 days). Booked on 21st September
4. 29-sep-21: Got an email from case worker to top the IHS for remaining 2 and half year. Given 5 days to pay
5. 02-oct-21: Paid top of IHS fee by last day
6. 10-oct-21: Received extension visa approval email followed with brp card.

So, i can say if anyone has a gap of 2 months in ILR then there is chance to apply a vary ILR application on top of extension visa. If more than two months gap then it is touch and go..

P.S.: I am preparing the ILR application for her as she is eligible now and will try to apply for IHS refund but i am not very hopeful because no IHS refund after ILR. So finger crossed.

Hi All,
Just to conclude and provide the latest information on partial IHS refund after ILR.

I have followed up with Home office for partial IHS fee refund after getting the ILR and raised an complaint to Home Office for IHS fee refund (partial). But unfortunately HMO replied to me that i am not due for any refund as per the latest IHS policy, no partial refund after ILR.

I referred HMO to 2015 FOI for partial https://www.whatdotheyknow.com/request/ ... t.pdf.html which you refereed but they said that was old and doesn't apply to latest IHS policy.

See the response from HMO
Good Morning,
Thank you for your enquiry regarding the Immigration Health Surcharge (IHS). We have considered your case carefully and can confirm that no refund is due. The Home Office does not refund the IHS where a customer chooses to switch into an exempt category, such as indefinite leave to remain, partway through their grant of leave. The circumstances in which the IHS can be refunded are set out in publicly available guidance (see link below), and customers are aware of this position when submitting their applications: https://www.gov.uk/healthcare-immigrati ... on/refunds.

We have noted the FOI letter, dated 10 September 2015, that you refer to in your email, and can confirm that this does not reflect current IHS policy.