ICT dependent to Skilled worker successful - How to reclaim IHS fee paid for ICT

[sanbalauk]

Urgent assistance required:

1) I have query related to dependent visa for child. Husband is on ICT (Business Mobility) visa to UK and wife was on his ICT dependent visa. Husband's visa ICT visa is expiring on Mar 2025. Later wife got converted to skilled worker visa in Dec 2023 which is valid till Nov 2026.
Due to my husband's work uncertainty in ICT visa, we applied for our kids (later on ) to be dependent on wife's skilled worker visa in Jan 2024.

We now got a query as follows:

"We are in receipt of a visa application for the above named person.

I note that your father has permission until 14 April 2025 and your mother has permission until 13 December 2026.

You will be granted permission until the date of whichever of your parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case you will be granted permission for 3 years.

You may alternatively seek to withdraw your application at this point as your leave would remain the same and not be extended in line with your mother."

1. What should we do to have the children as dependent under mother's skilled worker visa end date, which is till Nov 2026 ?
2. How do we reach out to UKVCAS to justify our situation.
3. In this situation, will any immigration lawyer/attorney help us ?
4. Saw one response by Vinny (member) quoting SW 30.2 section (c) (ii)
Will the UKVCAS consider kids dependent application based on the above point where father will fall under ordinary resident in the UK (working in ICT)

We applied for change of dependent visa from Father's ICT (Business Mobility Visa) to Mother's skilled worker dependent visa to ensure children school continuity in case the father has to move out of country due to work uncertainty.

Appreciate urgent response as we have less than 7 days to react and respond.

Thanks in Advance.

[CR001]

1. nothing you can do as the home office is following the immigration rules which states a child dependent visa will have an expiry date of the parent whose visa expires first.

2. Ukcvas has nothing to do wtih visa processing and decisions.

3. No.

4. Useful to post the link if you refer to one.

The only way to align expiry dates is for your husband to apply as your dependent too.

[sanbalauk]

Thank you CR001 for your response and assistance.

For the 4th question, since the father is in ICT visa, will SW 30.2 c(ii) be applicable and end date of mother's visa which is in Nov 2026 be applicable to dependent children.

-----------------------------
SW 30.2
The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
(a) the parent applying for or with entry clearance or permission to stay as a Skilled Worker is the sole surviving parent; or
(b) the parent applying for or with entry clearance or permission to stay as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the parent who does not have permission as a Skilled Worker –
(i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
(ii) is or will be ordinarily resident in the UK; or
(d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission as a Skilled Worker.
------------------

[CR001]

No, the rules are clear for children. Their visas will have the same expiry date as the parent whose visa expires first. Tbis is also not a new rule, it has alwaya been in the immigrarion rules for children of points based visa holders.

Note the AND after 30.2 c i which is what applies to c ii as ordinarily resident

You have no option if your huaband does not apply for a dependent visa with the children.

[sanbalauk]

Thanks again CR001 for providing clarification.

—--------------
"We are in receipt of a visa application for the above named person.

I note that your father has permission until 14 April 2025 and your mother has permission until 13 December 2026.

You will be granted permission until the date of whichever of your parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case you will be granted permission for 3 years.

You may alternatively seek to withdraw your application at this point as your leave would remain the same and not be extended in line with your mother.”
—----------------

Based on above response for our application, if we withdraw the application,

1.Will they refund the 3 years IHS fee paid along with the application.
2.If the father had to leave UK sometime later in 2024, what will happen to the children's dependent visa which is based on father's ICT. Will the children be out of status in this case.
3. As per above question, can the dependent children continue to stay with mother till Apr 2025 with their existing dependent ICT visa (although father has exited the UK) and then switch over to mother's skilled worker dependent visa after Apr2025.

[sanbalauk]

Please respond to my query. It will be really helpful as I am up against the time

[sanbalauk]

Hi, My wife converted her ICT dependent visa to skilled worker successfully. Though her ICT dependent was valid till Mar 2025, she converted to skilled worker visa in Dec 2023 and paid 3 year IHS fee for her skilled worker visa.

During ICT we paid 2 years IHS fee for my wife and children. (Validity period: Apr 2023 to Mar 2025).

1. Is there a way to reclaim part of the IHS fee paid for ICT dependent. That is, between Dec 2023 and Mar 2025, it is kind of double overlapping payments.

2. If there is a process to reclaim, please help me with the details.

Thanks in Advance.

[sanbalauk]

Please respond to my query. It will be really helpful as I am up against the time

[sanbalauk]

—--------------
"We are in receipt of a visa application for the above named person.

I note that your father has permission until 14 April 2025 and your mother has permission until 13 December 2026.

You will be granted permission until the date of whichever of your parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case you will be granted permission for 3 years.

You may alternatively seek to withdraw your application at this point as your leave would remain the same and not be extended in line with your mother.”
—----------------

Based on above response for our application, if we withdraw the application,

1.Will they refund the 3 years IHS fee paid along with the application.
2.If the father had to leave UK sometime later in 2024, what will happen to the children's dependent visa which is based on father's ICT. Will the children be out of status in this case.
3. As per above question, can the dependent children continue to stay with mother till Apr 2025 with their existing dependent ICT visa (although father has exited the UK) and then switch over to mother's skilled worker dependent visa after Apr2025.

[sanbalauk]

Appreciate if anyone has knowledge on this topic to respond.

Thanks

[CR001]

Please appreciated that we are all unpaid volunteers on the forum with our own job and family commitments.

1.Will they refund the 3 years IHS fee paid along with the application.

Possibly yes.

2.If the father had to leave UK sometime later in 2024, what will happen to the children's dependent visa which is based on father's ICT. Will the children be out of status in this case.

Their visa become invalid and could be curtailed/cancelled as the purpose of their stay has ceased when he leaves.

3. As per above question, can the dependent children continue to stay with mother till Apr 2025 with their existing dependent ICT visa (although father has exited the UK) and then switch over to mother's skilled worker dependent visa after Apr2025.

You will face the same issue. They wont get a visa based on your visa status if their father is not also applying for a dependent visa or in the uk.

[sanbalauk]

Thank you CR001 for your time and precise responses. This is of immense help to making decisions for our situation.

Without knowing the earlier end dates of parents visa rule in place, we have applied for dependent extension from my ICT dependent to my wife's Skilled worker dependent.

If we withdraw the application, not sure if the IHS refund will be automatic or we have to apply through a process to get it back.
We are however mindful that we will lose the dependent visa processing fee, if we withdraw the application.

[sanbalauk]

Hi, My wife converted her ICT dependent visa to skilled worker successfully in Nov 2023. Though her ICT dependent was valid from Mar 2023 to Mar 2025, she converted to skilled worker visa in Nov 2023 and paid 3 year IHS fee for her skilled worker visa.

During ICT we paid 2 years IHS fee for my wife and children. (Validity period: Apr 2023 to Mar 2025).

1. Is there a way to reclaim part of the IHS fee paid for my wife for ICT dependent. That is, between Dec 2023 and Mar 2025, it is kind of double overlapping payments.

2. If there is a process to reclaim, please help me with the details. If the process is automatic, it is more than 14 weeks since my wife received her skilled worker visa. Should I call UKVI to explain the situation to obtain the refund. Or, please guide me with any other options.

Thanks in Advance

[sanbalauk]

Hi,
Please respond to my question if anyone is aware of these reclaim possibilities in the past. Appreciate any help in this regard