Tier 2 Dependent extension - Visa Category

Hi,

I have recently got ILR after the completion of 5 years in the Tier 2 general as a main applicant. My wife has only completed four years as a Tier 2 general dependent and so I have applied for an extension for her in the PBS Dependent category (The extension has been applied from outside of the UK)

We have received an email from the case worker advising the following -

"You have applied as a Skilled Worker Partner. We are unable to consider your application under this category as your sponsor holds Indefinite Leave to Remain in the UK.

Please confirm that you wish to withdraw your application to enable you to apply under the correct Immigration category."

I thought PBS dependent would be the correct category in this case but unsure after the above response. Please can you confirm if its correct and also advise the best course of action?

Thank you very much in advance.

It would be the correct category if she applied within the UK. She could only apply in this category abroad if you still had a tier 2 visa.

As the application was made abroad and you have it, i understand she has to apply on the new spouse settlement visa route which is a new 5 year route to ilr.

Applications made abroad are not extensions, they are new entry clearance.

Has the previous dependent visa expired already?

Hi,

Thank you for the quick response!

The PBS Dependent Visa was still valid when I submitted the application however it has now expired.

The reason I applied this way was, they had an option to apply for PBS Dependent extension both from within and outside of the UK.

Is there any home office guidance that we know of that suggests, this would be incorrect? Do you reckon its worth requesting for a review providing a detailed explanation of the circumstances?

Thank you!

Hi,

Apologies, I have checked again and you are right.. So the extension is only possible from within the UK.

My option then would be to withdraw the application and make a new one under the correct category. Any advise on the withdrawal and refund process?

would it make a case if the travel to the UK was not possible in time to make an extension due to the restrictions in place and cancelled flights? As Switching to another route would cost a lot of time and money.. Just a thought!

Much appreciate your help. Thank you!

Thanks

Hi CR001,

Please can you provide me your advice on the course of action,

Is it possible to submit another Visa application in the correct category (ILR dependent) to vary the current application? (Again this will be done from outside of the UK)

The current application is still not decided and I have been requested to confirm if I would like to withdraw. This way, I can request for the refund of application fees/IHS for the first application.

Can you please confirm if this would be correct.

Thank you