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Very Confused in UKVCAS - For PBS Dependent Visa Extension

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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minnie150294
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Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by minnie150294 » Wed Nov 03, 2021 9:56 pm

Hi,

Please help. As i'm unable to apply my PBS dependent visa extension in UKVCAS via the right link, as lot of things are changed now.

Current Visa: PBS Visa Extension
Expiry Date: 14/11/2021
Entry to UK: 17/09/2017

I will be eliglible for ILR after an year. So need ILR Dependent Visa Extensions for an year

Husband Visa Status : ILR Status since Dec 2020.

I'm really struggling to apply in the right section for PBS dependent with ILR Status - Main Applicant.

PLEASE HELP!!!!!!!!!!

vinny
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Thu Nov 04, 2021 12:02 am

Choose your husband’s category before he got ILR on that route. Then select “family members” or “Your partner and children” in that category. Expect a three years extension.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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minnie150294
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by minnie150294 » Sat Nov 06, 2021 10:49 am

When i take that approach of Tier 2 General (My Husband's Visa before ILR) and fill i'm his details it did ask whether he got ILR/Birtish Passpor with BRP details, SOC, Shortage Occupation List.

His SOC : 2135 (IT Architect)

However, i get this PBS, Start-up, Innovator or Global Talent dependant partner The applicant when i'm due to fill my details. I'm still not clear is this RIGHT. Can you advice.
Appreciate the help.

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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by CR001 » Sat Nov 06, 2021 10:53 am

That is correct yes. You are applying as a pbs dependent.
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Sat Nov 06, 2021 10:58 am

Tier 2 (General) is now Skilled worker.

Your partner and children should be correct.
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by minnie150294 » Sat Nov 06, 2021 11:26 am

One immigration advisor said the below

Unfortunately PBS dependants applying where the lead applicant has been granted ILR can only apply for and be granted 3 years leave. This means the home office fees will be:

Immigration Health Surcharge - £1872
Visa application fee - £483.20


As i'm already 4 years 1 month in the country, the maximum i can stay is like 6 years but i should apply for ILR but the time i complete 5 years. Is teh above information right that i need to pay for 3 year sof NHS.

Thanks,
Mounica

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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by CR001 » Sat Nov 06, 2021 11:27 am

You will have to pay for a 3 year extension. Your lawyer is correct.

There is NO 6 year cap limit for PBS dependents!
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Sat Nov 06, 2021 11:48 am

They may give a partial refund of the IHS fees when you get ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by ywlgy » Sat Nov 06, 2021 3:38 pm

vinny wrote:
Sat Nov 06, 2021 11:48 am
They may give a partial refund of the IHS fees when you get ILR.
Here https://www.gov.uk/healthcare-immigrati ... on/refunds says "You will not get a refund if you’re applying for indefinite leave to remain"

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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Wed Nov 10, 2021 2:38 am

There’s no harm in requesting a refund.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by ravneet » Fri Nov 12, 2021 12:58 am

vinny wrote:
Thu Nov 04, 2021 12:02 am
Choose your husband’s category before he got ILR on that route. Then select “family members” or “Your partner and children” in that category. Expect a three years extension.
hello i have a same situation

my wife
1 . Came to UK in AUG 2013 ENTRY CLEARANCE
Visa TIER 1 (GENERAL)PARTNER( 23/7/2013 TO 12-06-16 )
2. Current visa - PBS DEPENDANT Leave To Remain (21 NOV 2018 TO 21 NOV 2021 ) see GAP YR
>>wife visa refused in 2016 PBS dependant -requested for admin reviwew , after getting my ILR wrote to home office and got her current visa.

3. IN 2016 i applied for my ILR - initial application REFUSED (appeal process) APPEAL ALLOWED in 2017 but got ILR in 2018.(6 days more outside uk but had ear infertion thats why cannot come back to uk tickests were changed as well .
MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

as later will apply ILR under 10 route for her in Aug 2023

please advise on this and point in right form to fill
really appreciate your help.

ravneet
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by ravneet » Fri Nov 12, 2021 1:06 am

CR001 wrote:
Sat Nov 06, 2021 11:27 am
You will have to pay for a 3 year extension. Your lawyer is correct.

hello i have a same situation

my wife
1 . Came to UK in AUG 2013 ENTRY CLEARANCE
Visa TIER 1 (GENERAL)PARTNER( 23/7/2013 TO 12-06-16 )
2. Current visa - PBS DEPENDANT Leave To Remain (21 NOV 2018 TO 21 NOV 2021 ) see GAP YR
>>wife visa refused in 2016 PBS dependant -requested for admin reviwew , after getting my ILR wrote to home office and got her current visa.

3. IN 2016 i applied for my ILR - initial application REFUSED (appeal process) APPEAL ALLOWED in 2017 but got ILR in 2018.(6 days more outside uk but had ear infertion thats why cannot come back to uk tickests were changed as well .
MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ? 2 yr or 3 yr ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

as later will apply ILR under 10 route for her in Aug 2023

please advise on this and point in right form to fill
really appreciate your help.

vinny
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Fri Nov 12, 2021 2:43 am

ravneet wrote:
Fri Nov 12, 2021 12:58 am

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed
Different situation.

Wife should switch to spouse under Appendix FM.

When was child born? Before or after your ILR?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by immg83 » Sun Nov 14, 2021 7:29 am

Hi,

I was in same situation and paid for 6 months IHS but then asked by UKVI to pay for 3 years as top up IHS. Are you sure that ihs refund is applicable after ILR ? Has anyone got it ?
vinny wrote:
Wed Nov 10, 2021 2:38 am
There’s no harm in requesting a refund.

vinny
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Sun Nov 14, 2021 8:15 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ravneet
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by ravneet » Wed Nov 17, 2021 11:36 pm

yes you can point me here
1 person mention go PBS
2 person mentions - FLRM

thanks

vinny wrote:
Fri Nov 12, 2021 2:43 am
ravneet wrote:
Fri Nov 12, 2021 12:58 am

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed
Different situation.

Wife should switch to spouse under Appendix FM.

When was child born? Before or after your ILR?

immg83
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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by immg83 » Thu Mar 10, 2022 9:18 am

vinny wrote:
Sun Nov 14, 2021 8:15 am
Probable?
Hi Vinny,
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 topic 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.

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Re: Very Confused in UKVCAS - For PBS Dependent Visa Extension

Post by vinny » Wed Mar 16, 2022 1:35 am

Unfortunately, they have changed their IHS refund policy.

When dependants are forced into getting fixed extension periods, that are much longer than necessary for completing an ILR qualifying period, refusing to refund seems unreasonable, compared with the previous refund policy. Complain, if necessary also to Members of parliament or other places, for a fairer, more reasonable, refund policy.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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