ILR and Dependents

[tier2_applicant]

Sep 2008 : Arrival in UK for my masters and was on post study work visa till Nov 2011.

Nov 2010 : Strated work with my current employer (on my PSW visa)

Jan 2012 : My current employer sponsored my Tier 2, BRP valid till 2015.

I got an extension on the Tier 2 - validity until Jan 2018.

June 2014: My wife joined me as my dependent and her BRP is same validity as me (Jan 2018).

Nov 2016: Became parents to a baby and registered her as Indian citizen in the UK with the Indian high commission in London.

Jan 2017: ILR application date is due; the annual review should take the salary to 35k mark. I am travelling to India early Jan, coming back in early Feb, with my wife and baby arriving later in March so I will be applying for the ILR in end of March.

I will also be applying for my baby's tier 2 dependent visa from India so she can return back to the UK with my wife.


I had the following question about which I will appreciate your advice:

1. I am a little confused about my baby's status with regard to the ILR application - does she need to be included in application - or shall I leave her out and then (hopefully) after getting my ILR just register her as a British citizen using MN1 route?

2. A senior member of the fourm had advised earlier that my wife will not be eligible for the ILR at the same time as me because of the changes in the rules. I wanted to ask:

what is the best option for her?

When does her ILR clock reset to 0: Is it when I get ILR? or is it when she applies and get her FLR (M) to continue her stay in UK as my dependent?

Will any of the time my wife spent as my tier 2 dependent count towards her eventual ILR?

I hope you can help.
Thanks a lot

[ohara]

Why didn't you continue in your old thread You are asking the same questions pretty much.

Child will follow same visa path as mother, but can be registered as a British citizen once you have ILR. The child does not require ILR.

Your wife doesn't need to switch to FLR(M) unless you are granted ILR on the basis of 10 years long residence (which you don't appear to be aiming to do). She can continue as PBS dependent until she hits 5 years and then apply for ILR.

[tier2_applicant]

Thank you for your answers ohara

Sorry I didn't want to pull up the old thread as sometimes the new questions get lost. I will keep this in mind for any future queries that might be related to ILR application.

Child will follow same visa path as mother, but can be registered as a British citizen once you have ILR. The child does not require ILR.

OK. So no need to add her to my ILR application then but will her British citizen registration be done via MN1?

Your wife doesn't need to switch to FLR(M) unless you are granted ILR on the basis of 10 years long residence (which you don't appear to be aiming to do). She can continue as PBS dependent until she hits 5 years and then apply for ILR.

Since my wife's leave is valid till January 2018 (as per the current BRP) what happens with her immigration status in January 2018? I am trying to understand the best route for her to get her ILR.

Thank you

[iworker]

you can use MN1 if the kid was born IN uk. if not, then she cant apply through MN1 and need to apply ilr, once the mum has it.
Your wife need to extend her PBS dep leave in Jan 2018. The new leave will be given for 3 years. She needs to complete 5 years on pbs dependent before she can apply ilr.

[tier2_applicant]

Thanks iworker

you can use MN1 if the kid was born IN uk. if not, then she cant apply through MN1 and need to apply ilr, once the mum has it.

She was born in the UK (but registered on Indian passport and dependent visa for the urgent travel) so I will apply for her MN1 after I get my ILR

Your wife need to extend her PBS dep leave in Jan 2018. The new leave will be given for 3 years. She needs to complete 5 years on pbs dependent before she can apply ilr.

Will her extension process be same when I am on ILR, as it is for the dependent of a tier 2 general migrant? or in other words, is the extension of ILR dependent same as extension of Tier 2 general dependent ?

[CR001]

Will her extension process be same when I am on ILR, as it is for the dependent of a tier 2 general migrant? or in other words, is the extension of ILR dependent same as extension of Tier 2 general dependent ?

No they are two completely different categories. ILR dependent WILL reset her clock.

She applies to extend her PBS Dep visa.

[tier2_applicant]

Thanks CR001

Just to confirm, by the time my wife's current dependent visa is coming to its end of validity (Jan 2018) we should apply for an extension under PBS dependent, even though I will be on ILR by that time?
She can then stay on the extension until 2019 when she would have completed 5 years as a dependent, then we apply for her ILR.

Is my understanding correct?

[CR001]

Yes and Yes!

[tier2_applicant]

Thanks again CR001 and other forum members.

[tier2_applicant]

Hello all,

I've pulled up this old thread that I started, as I recently started looking at my wife's PBS tier2 dependent extension (I am on ILR for the last 6 months now). I had a look at the online application and while filling it out there was the inevitable IHS section.

For an extension upto 3 years, under the Tier2 PBS dependent category we are being asked to pay £1500 as health surcharge - I think this might be because the validity of my ILR is for another 7 years?

I read another thread where this point was mentioned and how the applicant got the money refunded afterward the application was approved (as IHS should have been £600 and not £1500)- however it seems a bad practice on immigration service's side to take all these funds and block them for possibly a month or more and then refund it later.

Is there any way around it? Any way possible to pay just £600 IHS (the logically correct amount) and proceed with application successfully?

Thanks in advance for your advice.

[CR001]

Pay the IHS separately on the IHS website and then enter reference number on the dependent online visa application form.

She must apply alone.

[tier2_applicant]

Thanks for your reply CR001.

My wife had to enter my details at the start of the application, so she is indeed applying alone.

She was redirected to the IHS website as part of the online application. Even though on the first page it was mentioned that IHS is £200x every year of extension, the final IHS payable was displayed as £1500.

When you say 'Pay the IHS separately on the IHS website and then enter reference number' do you mean we should do it separately from the online dependent ext application - as a standalone IHS payment and then just enter the reference provided as part of the online depen ext application?

[CR001]

Bear in mind that I/we don't have access to the online form and I am not familiar with the questions/options.

My wife had to enter my details at the start of the application, so she is indeed applying alone.

Where is this? Did she complete your details as the 'main applicant' or somewhere else?

She was redirected to the IHS website as part of the online application. Even though on the first page it was mentioned that IHS is £200x every year of extension, the final IHS payable was displayed as £1500.

No it must only be £600.

When you say 'Pay the IHS separately on the IHS website and then enter reference number' do you mean we should do it separately from the online dependent ext application - as a standalone IHS payment and then just enter the reference provided as part of the online depen ext application?

Yes, that is exactly what I am saying and other members have reported success in doing it this way.

See link below.

uk-tier-1-general-visas/pbs-dependant-e ... 36654.html

[tier2_applicant]

Bear in mind that I/we don't have access to the online form and I am not familiar with the questions/options.

I do appreciate that, it certainly makes answering our questions tricky for you

My wife had to enter my details at the start of the application, so she is indeed applying alone.

Where is this? Did she complete your details as the 'main applicant' or somewhere else?

she started her application here : https://visas-immigration.service.gov.uk/next

The initial section is about main person who you wish to join (thats me, she entered my details here)

She was redirected to the IHS website as part of the online application. Even though on the first page it was mentioned that IHS is £200x every year of extension, the final IHS payable was displayed as £1500.

No it must only be £600.

I agree but the website does compute it differently

When you say 'Pay the IHS separately on the IHS website and then enter reference number' do you mean we should do it separately from the online dependent ext application - as a standalone IHS payment and then just enter the reference provided as part of the online depen ext application?

Yes, that is exactly what I am saying and other members have reported success in doing it this way.


I will try doing this as part of a fresh application and report back with my experience soon. Hopefully that will work as the calculation seems to be wrong on the online application.

See link below.

uk-tier-1-general-visas/pbs-dependant-e ... 36654.html

Thanks again for your prompt replies.

[CR001]

Note: She is not applying to JOIN you if she is already in the UK and applying for an extension alone.

[tier2_applicant]

You are right. The first question is if you are currently in UK - to which she answered Yes but still the IHS was calculated wrong.

Also, my apologies, the wording used on the online form is 'What is the name of the person with whom you want to remain in the UK? (Required)'

Once the online form is completed it uses the phrase 'The person you are joining or accompanying' to show the answers

[tier2_applicant]

I have a better understanding now. The IHS website to which my wife is redirected is making the wrong calculation. on IHS website some of the details for her and me have to be entered again. These are as following:
-------------------------

Your details
Applying from UK Yes
Staying in Isle of Man, Jersey or Guernsey? No
Full name Tier2 applicant’s wife
Email xxxxxxxxxxxx@gmail.com
From India
Visa route Tier 2 PBS Dependant
Visa type Tier 2 (General); up to 3 years
Passport or travel document number XXXXXXXX
Date of birth xx December 19xxxxx

You're joining or remaining with this person in the UK
Visa expiry date 31 September 2024
Full name Tier2 applicant
From India
Visa route Tier 2
Visa type Tier 2 (General); up to 3 years
Passport or travel document number XXXXXXXX
Date of birth xx February 19xx

You don't have any dependants

These details are correct

--------------------------

Since my ILR is valid until 2024, as entered here on IHS website, I think the IHS calculation goes wrong. I do not know how I can overcome this, I do not want to enter wrong info for my ILR BRP validity.

I also tired going to the IHS website and making a separate payment of £600 but it seems the info is linked and it just displays £1500 outstanding payment.

Please help

[CR001]

She mustn't enter your details.

[tier2_applicant]

She mustn't enter your details.

But IHS wont let her proceed unless she enters the details of the person she is 'joining or remaining with in the UK'

All details entered are mandatory.

[tier2_applicant]

Also in my details, there is no option to select ILR, she has to select Tier 2 General (which was my visa before ILR)

[CR001]

Is there no box to tick for ILR for you etc? Other members have gotten this right by applying ALONE without ILR spouse details.

[tier2_applicant]

Is there no box to tick for ILR for you etc? Other members have gotten this right by applying ALONE without ILR spouse details.

No, I can see any such option. In the application, it does say if you (me in this case) have ILR, please select the PBS on basis of which you (me) were given visa/leave to remain.

When it comes to the IHS part of the application, it did ask to confirm if 'the person you are joining remaining with has ILR' and then the validity of the leave (where the 2024 year had to be entered).

I will have to start again to check the exact wording of the question. However, at the moment I cannot see any way around filling the online application and paying correct IHS by entering just my wife's details. It seems it has to have my details.

[CR001]

Try again and let me know. It is not a very user friendly system by the looks of it (I completed my journey long before IHS thankfully).

It clearly worked the way I explained in the users link.

uk-tier-1-general-visas/pbs-dependant-e ... l#p1518541

[tier2_applicant]

thanks CR001. I will give it another go later today update this thread accordingly.

[jai23155]

I am in the same boat. Any luck with it so far?