Immigrationboards.com

Hello All,

My dependents ILR application has been withheld to due to unpaid IHS surcharge. Home office replied as below.

"I was advised that she did not qualify for a grant of ILR at this stage but may qualify for a grand of limited leave to remain in the UK if she paid her immigration health surcharge (IHS) by sept 15. Under paragraph 6(1)(c)(ii) o the immigration (Health Charge) Order 2015, we will be obliged to treat your application for limited leave to remain as inlaid if you do not comply with a requirement to pay an immigration health surcharge by the date specified. In respect of your application, in order for it to be valid and for your to granted limited leave to remain. you must pay an immigration health surcharge of $1,0000.00 by 15 September".

Just to give more context about my dependent application, I have applied for their tier1 dependent extension back in 2015 October, paid the surcharge of 1000 pounds and got the extension until April 2018.This surcharge is paid until April 2018.
I have got my ILR in December 2015 and applied for my dependents ILR application in March 2016. I believe no IHS fee has to be paid for ILR dependents application

Could you please help me on this subject.

many thanks,
Girish

I am little confused to see the IHS surcharge figures and not looks consistence ($10k they ask to pay, earlier you paid $1k).

Wondering to know
1. You have got ILR via Tier 1 General route ?
2. Your wife have PBS dependent visa (T1G dep) till 2018 but you have applied for ILR now, so did she complete 5Y now??

As you referring figures to USD instead of GPB, are you not applying from inside UK ? It seems to me your wife probably did not complete 5 years (on 5 years route) and applied for ILR, so instead of ILR they might be considering this as PBS dependent and will allow another three years extension from now. Hence they ask for IHS surcharge which is GBP 600 (which is near $1000, are you mean that figures as equivalent!)

IHS must be paid for each application made. What you paid previously doesn't get "carried over" if you change category, eg PBS dep to FLR (M). You have to pay it again. If you don't, application will be refused.

Sorry guys, the reason for rejection is not staying for 60 months from the date of entry.
I think, my dependents fall under 2 years category since they arrived before 2012 June 03

Application Entry clearance details :
You arrived in the UK on 09 June 2011 with EC as a Tier 1 partner from 20 April 2011
to 07 October 2012.
 On 14 September 2012, you were granted further leave to remain as a Tier 1 partner
until 07 October 2015.
 On 07 November 2015 you were granted further leave to remain as a Tier 1 partner
until 28 February 2018.
 On 12 March 2016, you submitted an application for indefinite leave to remain as the
spouse of a settled person


As above, in order to meet the requirements of R-ILRP1.1(e), you must demonstrate that you
meet the requirements of Section E-ILRP.
Section E-ILRP1.3 states:
E-ILRP.1.3. The applicant must have completed a continuous period of at least 60
months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the
UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous
period of at least 120 months with limited leave as a partner under paragraph RLTR.P.1.1(a),
(b) and (d) or in the UK with entry clearance as a partner under paragraph
D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a
partner under a combination of these paragraphs, excluding in all cases any period of
entry clearance or limited leave as a fiancé(e) or proposed civil partner.
You do not satisfy the requirements of E-ILRP.1.3. as noted above as you have previously
been granted only 30 as the spouse of a settled person under Appendix FM, you have
therefore not spent sufficient time in the United Kingdom with leave granted in the above
capacity.
For the reasons outlined above, you do not qualify for indefinite leave to remain as the
spouse of a person present and settled in the UK as you have failed to meet the
requirements of the Immigration Rules under Paragraph D-ILRP 1.3 with reference to
Paragraph R-ILRP1.1 (e) of Appendix FM.

Abc499 wrote: 1. You have got ILR via Tier 1 General route ?

You have not answered the most important question. Did you get your ILR through Tier 1 General route or through ILR (Long Residency) ?

If it was long residency, your partner's clock for the time spent with you as your partner would have been reset to 0 from the day you got your ILR approved.

I got my ILR through Tier1 general ( 5 years route)

I got my ILR through Tier1 general ( 5 years route)

Did you apply on Set (M) or set (o)??

I think the issue is that you have applied for ILR in the wrong category.

CR001 wrote:Did you apply on Set (M) or set (o)??

I think the issue is that you have applied for ILR in the wrong category.

high likely.

@girishshmr

As you settled via T1G, if dependent comes under 9 July 2012 rule and continuous leave on that category then its 2 year route for dependent.

But I am still little bit confused because of your action as you also believe its 2 year route for your dependent then your wife was eligible for ILR on the same time/application with you. why did you extend that time as T1G instead of ILR with you? is that was mistake or you were not aware of 2 years route that time?

CR001 wrote:Did you apply on Set (M) or set (o)??

I think the issue is that you have applied for ILR in the wrong category.

Indeed. From the OP's dependants' timeline, it appears that they do qualify for the 2 year route to settlement. However as CR001 suggested, Its highly likely that OP has applied in the wrong category.

my bad luck, I have applied on Set(M). Any chance to change the application to Set(0) at this stage.

thanks all for answering my queries.

Just an update to form and thanks for all your inputs.
My dependents application is varied to Set(o) form and got the ILR