Very Confused in UKVCAS - For PBS Dependent Visa Extension

[minnie150294]

Hi,

Please help. As i'm unable to apply my PBS dependent visa extension in UKVCAS via the right link, as lot of things are changed now.

Current Visa: PBS Visa Extension
Expiry Date: 14/11/2021
Entry to UK: 17/09/2017

I will be eliglible for ILR after an year. So need ILR Dependent Visa Extensions for an year

Husband Visa Status : ILR Status since Dec 2020.

I'm really struggling to apply in the right section for PBS dependent with ILR Status - Main Applicant.

PLEASE HELP!!!!!!!!!!

[vinny]

Choose your husband’s category before he got ILR on that route. Then select “family members” or “Your partner and children” in that category. Expect a three years extension.

[minnie150294]

When i take that approach of Tier 2 General (My Husband's Visa before ILR) and fill i'm his details it did ask whether he got ILR/Birtish Passpor with BRP details, SOC, Shortage Occupation List.

His SOC : 2135 (IT Architect)

However, i get this PBS, Start-up, Innovator or Global Talent dependant partner The applicant when i'm due to fill my details. I'm still not clear is this RIGHT. Can you advice.
Appreciate the help.

[CR001]

That is correct yes. You are applying as a pbs dependent.

[vinny]

Tier 2 (General) is now Skilled worker.

Your partner and children should be correct.

[minnie150294]

One immigration advisor said the below

Unfortunately PBS dependants applying where the lead applicant has been granted ILR can only apply for and be granted 3 years leave. This means the home office fees will be:

Immigration Health Surcharge - £1872
Visa application fee - £483.20

As i'm already 4 years 1 month in the country, the maximum i can stay is like 6 years but i should apply for ILR but the time i complete 5 years. Is teh above information right that i need to pay for 3 year sof NHS.

Thanks,
Mounica

[CR001]

You will have to pay for a 3 year extension. Your lawyer is correct.

There is NO 6 year cap limit for PBS dependents!

[vinny]

They may give a partial refund of the IHS fees when you get ILR.

[ywlgy]

They may give a partial refund of the IHS fees when you get ILR.

Here https://www.gov.uk/healthcare-immigrati ... on/refunds says "You will not get a refund if you’re applying for indefinite leave to remain"

[vinny]

There’s no harm in requesting a refund.

[ravneet]

Choose your husband’s category before he got ILR on that route. Then select “family members” or “Your partner and children” in that category. Expect a three years extension.

hello i have a same situation

my wife
1 . Came to UK in AUG 2013 ENTRY CLEARANCE
Visa TIER 1 (GENERAL)PARTNER( 23/7/2013 TO 12-06-16 )
2. Current visa - PBS DEPENDANT Leave To Remain (21 NOV 2018 TO 21 NOV 2021 ) see GAP YR
>>wife visa refused in 2016 PBS dependant -requested for admin reviwew , after getting my ILR wrote to home office and got her current visa.

3. IN 2016 i applied for my ILR - initial application REFUSED (appeal process) APPEAL ALLOWED in 2017 but got ILR in 2018.(6 days more outside uk but had ear infertion thats why cannot come back to uk tickests were changed as well .
MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

as later will apply ILR under 10 route for her in Aug 2023

please advise on this and point in right form to fill
really appreciate your help.

[ravneet]

You will have to pay for a 3 year extension. Your lawyer is correct.

hello i have a same situation

my wife
1 . Came to UK in AUG 2013 ENTRY CLEARANCE
Visa TIER 1 (GENERAL)PARTNER( 23/7/2013 TO 12-06-16 )
2. Current visa - PBS DEPENDANT Leave To Remain (21 NOV 2018 TO 21 NOV 2021 ) see GAP YR
>>wife visa refused in 2016 PBS dependant -requested for admin reviwew , after getting my ILR wrote to home office and got her current visa.

3. IN 2016 i applied for my ILR - initial application REFUSED (appeal process) APPEAL ALLOWED in 2017 but got ILR in 2018.(6 days more outside uk but had ear infertion thats why cannot come back to uk tickests were changed as well .
MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ? 2 yr or 3 yr ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

as later will apply ILR under 10 route for her in Aug 2023

please advise on this and point in right form to fill
really appreciate your help.

[vinny]

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

Different situation.

Wife should switch to spouse under Appendix FM.

When was child born? Before or after your ILR?

[immg83]

Hi,

I was in same situation and paid for 6 months IHS but then asked by UKVI to pay for 3 years as top up IHS. Are you sure that ihs refund is applicable after ILR ? Has anyone got it ?

There’s no harm in requesting a refund.

[vinny]

Probable?

[ravneet]

yes you can point me here
1 person mention go PBS
2 person mentions - FLRM

thanks

MY ILR WAS GRANTED UNDER 10 YR ROUTE - ANS NOW I HAVE APPLIED FOR NATIONALITY AND AWAITING THE DECISION.
WE HAVE A CHILD WHO WILL BE 6 IN JAN AND HE IS BRITISH AS AFTER MY ILR.

i got my ILR through 10yr (long resdency) i came in 2006 and nov 2021 british citizen ship approved by home office and waiting to attend my cermony in dec.
child is british after my ILR as he was born here.
please reply
A-I understand i cannot apply her for ILR ? as i am on 10 yr route
B-Need to extend her PBS dependant under which visa category ?
C-tier 1 general no forms online to fill >>
I don't want to change her route so advise need to fill which form as its changed

Different situation.

Wife should switch to spouse under Appendix FM.

When was child born? Before or after your ILR?

[immg83]

Probable?

Hi Vinny,
I have followed up with Home office for partial IHS fee refund after getting the ILR and raised an complaint to Home Office for IHS fee refund (partial). But unfortunately HMO replied to me that i am not due for any refund as per the latest IHS policy, no partial refund after ILR.

I referred HMO to 2015 FOI topic which you refereed but they said that was old and doesn't apply to latest IHS policy.

See the response from HMO
Good Morning,
Thank you for your enquiry regarding the Immigration Health Surcharge (IHS). We have considered your case carefully and can confirm that no refund is due. The Home Office does not refund the IHS where a customer chooses to switch into an exempt category, such as indefinite leave to remain, partway through their grant of leave. The circumstances in which the IHS can be refunded are set out in publicly available guidance (see link below), and customers are aware of this position when submitting their applications: https://www.gov.uk/healthcare-immigrati ... on/refunds.

We have noted the FOI letter, dated 10 September 2015, that you refer to in your email, and can confirm that this does not reflect current IHS policy.

[vinny]

Unfortunately, they have changed their IHS refund policy.

When dependants are forced into getting a predetermined fixed duration of grant (e.g. SW 36.1.(b)), that are much longer than necessary for completing an ILR qualifying period, refusing to refund seems unreasonable, compared with the previous refund policy. Complain, if necessary also to Members of parliament or other places, for a fairer, more reasonable, refund policy.