Excess leave granted for Tier 2 pbs dependant (How to request IHS refund?)

[Avie025]

My partner received her tier 2 PBS dependant visa on 27th August 2019. She would complete 5 years on this visa category in December 2019 and wants to switch to ILR sometime in the middle of 2020.

So, we were expecting just a one year extension because that is what she requires. She will switch to ILR within one year. However, she got an extension of 3 years (until Aug 2022) for some reason.

This feels very unfair because they have charged IHS fee for 3 years when we should only have to pay for one year, given my partner's situation.

My question is how can we claim a refund for the extra 2 years now that my partner has received the new BRP that is valid for 3 years? It is not clear if we can ask them to reduce the leave and refund IHS fee right now or when we apply for ILR next year? Please advise.

In the application, when we applied to extend her tier 2 dependent visa, we could only select the option of 3 years or less in the application form. Based on this selection we were asked to pay IHS fee for 3 years.
We were expecting that after reviewing her history, she will get a 1 year extension and they would sensibly refund the IHS fee.

Thank you in advance.

[CR001]

3 years for an extension is standard as that is what the immigration rules states must be granted and HO can't give less.

You are unlikely to get a refund.

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

[Avie025]

Last year, when I extended my tier 2, both me and my partner received extension with one year validity.

The maximum period allowed for Tier 2 holder is 6 years. Does this same limit not apply for tier 2 PBS Dependants?

I switched to ILR earlier this year but my partner will be eligible for ILR in December this year.

I can't understand a justification for this unfair charge so I think there must be a recourse to get the large sum back to us. Is there a helpdesk I can contact?

[CR001]

The maximum period allowed for Tier 2 holder is 6 years. Does this same limit not apply for tier 2 PBS Dependants?

The 6 year limit does not apply to tier 2 dependents.

I can't understand a justification for this unfair charge so I think there must be a recourse to get the large sum back to us. Is there a helpdesk I can contact?

You can try the contact details in the link I provided.

[Avie025]

They should know that my partner will complete 6 years on PBS in 2020 and look to apply for ILR like me.

[CR001]

They should know that my partner will complete 6 years on PBS in 2020 and look to apply for ILR like me.

It is not for HO to decide when a person will apply for ILR, how would HO know a person is ready and completed all the tests. There is no 6 year limit for PBS Dependents, so a moot point really.

Immigration rules to the 3 year extension below. Also nothing new and been in place for a while now.

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 Appendix W Worker, or
(ii) If the Relevant Points-Based System Migrant or Appendix W Worker has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or where the Relevant Points-Based System Migrant or Appendix W Worker has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

[Avie025]

Thanks for the information and links. I appreciate your inputs.

I think not having a choice in the application form to select the most suitable leave for our situation and save £800 in the process is unfair. It really bothers me. I can't think of any other government document where they would be allowed to get away with robbing a sum of £800.

The PBS application form only has an option to select a leave duration of 3 years or less. We only required one year. If the computerised application system is inept, I would think that the humans reviewing the application would certainly try to compensate and act in the interest of common people.

[CR001]

I would think that the humans reviewing the application would certainly try to compensate and act in the interest of common people.

UKVI staff are merely follow the immigration rules. It is not up the caseworkers to decide and change things for whatever reason.

This is why it is so important for PBS dependents not to delay their initial visa applications and plan things accordingly etc, it has a serious knock on effect.

What date was her initial PBS Dependent visa issued??

[Avie025]

We got married in November 2014. At that time, I had already completed more than one year on Tier 2 General. She received her PBS dependant visa soon after in December 2014.

The expiry date of her PBS visa was always the same as mine i.e September. We renewed our visas together in September 2016 and 2018. When both of us applied for an extension in September 2018, we received a one year extension since my Tier2 period cannot be over 6 years. I received my ILR earlier this year while she needs to wait until after December 2019 for switching.

We never delayed the visa application but perhaps got delayed in getting married. The only way I could have avoided this situation would be to get married in August 2014... Does that make it our fault now?

[CR001]

You can't argue with the rules unfortunately. Had the rules said she gets 1 years increment extensions and she needed another 3 year to reach ILR, then that would have probably also been an issue too. You can't please all of the people all of the time unfortunately.

[Avie025]

I guess Her Majesty's home office rules are indeed telling me to suck up the £800 loss and consider it as a donation to the NHS, over and above our NI contributions and taxes of course.

Does IHS or Home Office have a forum where I can explain this unfairness and appeal for this refund?

[CR001]

You would need to follow the formal HO complaints procedure and/or contact IHS directly, details in the link I provided. And you cannot 'appeal' anything. You have paid for length of visa she has been granted. The IHS website says refunds are not done when applying for ILR.

[Avie025]

I accept that the current rules are clear and they can remain unchanged.

My contention is that the application process is not giving a choice to the applicants and that is having a negative financial impact.

They must acknowledge this flaw in the application form and review process.

They must choose to spend a few hours to fix the computerised application over doing nothing.

Individuals with spouse and children in circumstances like mine stand to lose large sums of money because of a technical oversight.

[CR001]

Changing the online form is not possible as it follows to the T what the immigration rules state. The immigration rules trump anything else.

[Avie025]

For PBS applications where the main applicant has ILR, having an option in the application to choose one year extension is fair.

[CR001]

For PBS applications where the main applicant has ILR, having an option in the application to choose one year extension is fair.

Then the immigration rules need changing.

Nothing further to add to this, I am just a messenger and don't work for or have any association to the Home Office. I suggest if you felt that aggrieved that you have paid for something you were actually granted, then take it up with your MP once your spouse has ILR.

Good luck.