PBS dependent extension, partner on ILR

[boykingin]

Hi,

I got my ILR in November 2018 through 5year employer sponsorship route. My wife is currently on the Tier-2 PBS dependent visa which expires in October 2019 and needs to be extended.

I have a couple of questions as listed below.

1. What is the earliest I can apply for my wife's extension? Is it 28 days before expiry of current visa?

2. Also, what do they consider as date of application - is it the date that I complete the online application or the date of submission of biometrics?

Thanks in advance.

[seagul]

1. 28 days before expiry of current visa

2. the date that I complete the online application

[boykingin]

Thank you!

[boykingin]

Hi,

Apologies if this Q has been asked already, I just didnt find any discussion on this.

I received my ILR in Nov 2018 (after 5 years on Tier-2 general sponsored). My wife's dependent visa expires at end of Oct 2019 and we plan to apply for her extension within the next week. I have a couple of questions-

1. My wife got her dependent visa in May 2015 and arrived in the UK in June 2015. So we only need an extension for around 8 months at most as she will qualify for ILR by then. Sor is it possible to apply for only 1 year extension rather than 3 years? (or even 8 months extension if that is possible). If yes, that would help us save atleast £800 on NHS surcharge.

2. My wife has already renewed her visa once in 2016 (along with mine, when my tier-2 was renewed). So this is actually her third extension. My understanding is because she is a PBS dependent and because her partner is now on ILR, this is not an issue. Is that correct?

Thanks in advance.

-John.

[CR001]

Please keep all your questions in one topic. Topics merged.

1. My wife got her dependent visa in May 2015 and arrived in the UK in June 2015. So we only need an extension for around 8 months at most as she will qualify for ILR by then. Sor is it possible to apply for only 1 year extension rather than 3 years? (or even 8 months extension if that is possible). If yes, that would help us save atleast £800 on NHS surcharge.

A PBS Dependent extension is granted for 3 years, as stated and dictated by the Immigration Rules Part 8. You cannot choose or pay for a lesser time.

2. My wife has already renewed her visa once in 2016 (along with mine, when my tier-2 was renewed). So this is actually her third extension. My understanding is because she is a PBS dependent and because her partner is now on ILR, this is not an issue. Is that correct?

No issue.

[boykingin]

Thank you for the clarification.
Is there a chance of claiming back refund of the NHS surcharge for the unused years after my wife gets her ILR?

[CR001]

Unlikely but you can try.

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

[boykingin]

Thanks again CR001.

[boykingin]

Hi,

I am about to complete my application for my wife's PBS dependent visa extension (I have ILR acquired through 5 year Tier-2 route). While trying to pay the IHS surcharge, the website is asking for the visa expiry date of the main applicant that my wife is joining(me).
My question is do I provide the expiry date of my ILR visa (Dec 2024) or do I provide the expiry date of my previously held Tier-2 visa (October 2019)?

Thanks in advance,
John.

[CR001]

Put your ilr expiry date as 3 years from now, ie X October 2022, to get the correct IHS fee.

Do not out Dec 2024 as you will pay too much

You can't put your tier 2 as you no longer hold that visa.

[boykingin]

Thanks CR001.

In that case is it possible for me to put October 2020 and pay NHS surcharge only for 1 year? My wife will qualify for ILR in 8 months time.

[CR001]

In that case is it possible for me to put October 2020 and pay NHS surcharge only for 1 year? My wife will qualify for ILR in 8 months time.

No!!! You cannot choose less than 3 years as I have already stated. If you only pay IHS for 1 year, HO will write to you to pay the rest and it will delay the application.

The length of extension is dictated by the Immigration Rules Part 8, which very clearly states an extension will be for 3 years. HO have NO discretion on this regardless of when the applicant MIGHT qualify for ILR.

[boykingin]

Thanks CR001. You are right, 3 years is the minimum time period. I was partly misled by somone I spoke at Visa and Immigration call centre who said I may be able to pay for just one year. But a second call clarified that is not possible.

Also, I found another way to make sure you pay the right amount (which some have mentioned on the forum earlier, but repeating here in case it helps someone). Instead of clicking on the pay IHS fee link from the visa application page, go directly to the healthcare surchage page on gov.uk, create an account and it will ask you details of what visa you are applying for. Enter the required details of the applicant (Do NOT mention you are joining someone already in the UK) and it will show the correct IHS amount. Make the payment and you will receive the IHS code by email, which you can use in the main visa application page and proceed with your appointment booking.

Hope this helps.

-John.

[dwaraka8]

Hi John,

Thanks for the info. I'm also in similar situation as you were.
Did you try the alternate way of paying IHS (paying directly through IHS website)?. If so what's the outcome?.

Thanks,
Dwaraka.

[boykingin]

Yes, I paid the surcharge directly on the IHS website. The application went through fine and my wife has received her new BRP with visa extension without any issues.
My view is that as long as HM Visa & Immigration receives the correct amount, they dont fuss over how it was paid.