PBS dependent extension & IHS charges when main applicant have ILR

[ukvisat2]

Hi,

I will be eligible for ILR (tier 2 general route) this year 02 November 2019 according to my timeline

01-Dec-14 to 31-Aug-2017 Tier 2 entry clearance
01-Sep-2017 to 14-Sep-2019 Tier 2 leave to remain

I suppose I have to apply for extension first to fill the 50 days gap. I know if I will not get decision for tier 2 extension, I can vary my application to ILR.

I think I can get maximum 6 year visa on tier 2 general visa (01 December 2014 to 01 December 2020). correct me if I wrong

My dependent (wife & daughter) joined me on 01 February 2016 and they will be eligible for ILR on 03 January 2021. There are 34 days gap (01 December 2020 to 03 January 2021).

I read from somewhere that once main applicant have ILR, then dependents must get 3 years visa extension (£1200 IHS for each dependent).

But in our case, we need only 1 month PBS dependent extension. Can we apply only 6 months extension instead of 3 years? I just want to minimize IHS charges and would like find a way to avoid applying again & again.

Many thanks

[CR001]

I suppose I have to apply for extension first to fill the 50 days gap. I know if I will not get decision for tier 2 extension, I can vary my application to ILR.

Depends on the service you use, i.e. super priority, priority, normal postal (which takes 8 weeks).

I think I can get maximum 6 year visa on tier 2 general visa (01 December 2014 to 01 December 2020). correct me if I wrong

6 years max yes.

My dependent (wife & daughter) joined me on 01 February 2016 and they will be eligible for ILR on 03 January 2021. There are 34 days gap (01 December 2020 to 03 January 2021).

What was her first visa ISSUE date??

I read from somewhere that once main applicant have ILR, then dependents must get 3 years visa extension (£1200 IHS for each dependent).

But in our case, we need only 1 month PBS dependent extension. Can we apply only 6 months extension instead of 3 years? I just want to minimize IHS charges and would like find a way to avoid applying again & again.

IF she needs an extension, there is NO option to apply for a lesser visa validity. The Immigration Rules states it will be a 3 year visa extension.

[ukvisat2]

My daughter and wife granted entry clearance on 25 January 2016.

Regarding the 3 years extension at page 29:

Dependent partners of PBS migrants must complete a 5 year probationary period
before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship
before their partner has completed their 5 year probationary period, the partner can
still apply for further leave to remain as a PBS dependant rather than as the partner
of a settled person. If their application meets the requirements, leave to remain can
be granted for up to 3 years .

https://assets.publishing.service.gov.u ... .0-EXT.PDF

[CR001]

My daughter and wife granted entry clearance on 25 January 2016.

They can apply no sooner than within 28 days before the 5th anniversary of their initial visa issued date. Still leaves a shortfall though by the looks of it.

Regarding the 3 years extension at page 29:

Dependent partners of PBS migrants must complete a 5 year probationary period
before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship
before their partner has completed their 5 year probationary period, the partner can
still apply for further leave to remain as a PBS dependant rather than as the partner
of a settled person. If their application meets the requirements, leave to remain can
be granted for up to 3 years .

https://assets.publishing.service.gov.u ... .0-EXT.PDF

Not sure what you are referencing by quote the Guidance notes??

I was specifically referring the the Immigration Rules Part 8, which trump the Guidance Notes.

https://www.gov.uk/guidance/immigration ... ly-members

319D. Period and conditions of grant
(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant, or (ii) If the Relevant Points-Based System Migrant has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or where the Relevant Points-Based System Migrant has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

[ukvisat2]

Yes there will be gap of 4 weeks. If I apply for PBS extension with no (or paid for 1 year) IHS charges. I hope it will take time to ask me to pay remaining IHS charges?

It will provide me sufficient time to vary my application to ILR then?

[CR001]

Yes there will be gap of 4 weeks. If I apply for PBS extension with no (or paid for 1 year) IHS charges. I hope it will take time to ask me to pay remaining IHS charges?

It will provide me sufficient time to vary my application to ILR then?

You will be unlikely to progress without paying the correct IHS.

[ukvisat2]

What will happen if I apply for my ILR before ending sixth year (before 30 November 2020). Let say I apply my ILR application in October 2020. What will happen with my dependents as there visa will expire in November 2020. What option would be for my dependents then? Will there extension application be on hold?

If so, I can then vary their application to ILR?

[CR001]

What will happen if I apply for my ILR before ending sixth year (before 30 November 2020). Let say I apply my ILR application in October 2020. What will happen with my dependents as there visa will expire in November 2020. What option would be for my dependents then? Will there extension application be on hold?

If so, I can then vary their application to ILR?

They will need to apply for a PBS Dependent extension, which you will need to ask HO to consider once your ILR is granted.

If your ILR is granted and their app is not decided, they could vary to ILR if they meet all the requirements.