Tier2- dependent IHS - top up

[Al33]

Hi All

I am on ILR and applied tier-2 dependent visa for my wife for another 2 years, as she has already spent 4 years on Tier2-dependent, and paid £800 Immigration health surcharge(IHS).

Today we received an email and asking for another £400 top up for IHS.

I am not sure why they are asking for this top up as my wife only require 1 years visa to qualify for ILR.( but for the safe side we paid £800 IHS for 2 years)

your help would be appreciated.
Thanks

[CR001]

A PBS dependent extension is granted for 3 years, as stated in the immigration rules, when the main pbs migrant has obtained ILR.

You cannot choose a lesser validity for an extension.

You will need to pay the £400

[Al33]

Thanks for reply.

My concerned here is, my wife has already spent 4 years and home office is asking for another 3 years Immigration Health Surcharge it means they will grant another 3 years visa, and as far as i know Tier-2 category visas can not be granted more than 6 years.

In this case, if they give visa for three years it will be 7 years. is it possible?

I would appreciate your comments.

Thanks

[CR001]

and as far as i know Tier-2 category visas can not be granted more than 6 years.

The 6 years cap does NOT apply to PBS Dependents. It ONLY applies to Tier 2 General main visa holders.

The Immigration Rules Part 8 - PBS Dependents is clear that an extension will be for 3 years if the main PBS migrant holds ILR or British citizen, obtained through PBS route.

You will have to pay or risk her application being refused.

[Al33]

and as far as i know Tier-2 category visas can not be granted more than 6 years.

The 6 years cap does NOT apply to PBS Dependents. It ONLY applies to Tier 2 General main visa holders.

The Immigration Rules Part 8 - PBS Dependent is clear that an extension will be for 3 years if the main PBS migrant holds ILR or British citizen, obtained through PBS route.

You will have to pay or risk her application being refused.

Thanks for quick reply, much appreciated.

If we apply ILR as soon as the completion of 5th year for PBS dependent, can we apply for IHS refund. (whatever we paid on top of 5 years) ?

[CR001]

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[Al33]

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

Brilliant. Thank you

[CR001]

Note it says you will NOT get refund if applying for ILR.