PBS dependents visa extension once main applicant on ILR

[ManishC123]

I received ILR on 5th May 2022 via the Global Talent visa route. My wife and 2 kids were already living in the UK as PBS dependents. Their current visa expires on 19th May 2022 and we applied for their PBS visa extension for 6 months because they are left with 4 months to complete 5 years of stay in the UK in September 2022. We plan to apply for their ILR later this year. Is it the right way to approach the visa extension issue?

I have seen other posts in this thread and many people suggest extending for 3 years. Is it a legal requirement to extend for 3 years? My question is how logical is it to pay for 3 years visa extension for a person who is short of a few months to be eligible for 5 years of stay in the UK, given the extremely high fees? What about the financial pressure it puts on immigrants, I cannot pay that much money for 3 years?

[CR001]

You cannot apply for just 6 months extension.

The Immigration Rules state that if the main PBS migrant obtains ILR and the dependents need an extension, then a PBS Dependent extension will be granted for 3 years. There is no discretion on this. This is regardless of when the dependent might qualify for ILR. ILR is also not guaranteed as you should know.

3 year visa fee and 3 year IHS is mandator for the extension.

[ManishC123]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

[marcnath]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

There is only one visa fee, so you would have paid the right amount.

You have a shortfall on IHS, for which you will get a letter asking you to top up the payment once they start processing the application.

[marcnath]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

CR001 can reconfirm, but this is what I found in the immigration rules:

Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

That seems to indicate 2 years rather than 3.
https://www.gov.uk/guidance/immigration ... ly-members

[ManishC123]

Thanks for your suggestion, Just wanted to clarify I have paid visa fees for one year (£623/person) and IHS for 6 months (£312/person). I have paid for 3 people (my wife and 2 kids) and already paid close to £4100 including super-priority fees.

So if according to you if I get a letter to top-up my payment, for how long will the top be expected. 1 year or 3 years?

[ManishC123]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

CR001 can reconfirm, but this is what I found in the immigration rules:

Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

That seems to indicate 2 years rather than 3.
https://www.gov.uk/guidance/immigration ... ly-members

Thanks a lot for this information.

[CR001]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

CR001 can reconfirm, but this is what I found in the immigration rules:

Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

That seems to indicate 2 years rather than 3.
https://www.gov.uk/guidance/immigration ... ly-members

You have quoted the wrong rule.

It is 319D (ii) that is relevant.

(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.

[ManishC123]

Thanks for your suggestion, Just wanted to clarify I have paid visa fees for one year (£623/person) and IHS for 6 months (£312/person). I have paid for 3 people (my wife and 2 kids) and already paid close to £4100 including super-priority fees.

So if according to you if I get a letter to top-up my payment, for how long will the top be expected. 1 year or 3 years?

May I request your kind comment on my question? It will help me decide in this difficult situation.
May I write a cover letter explaining the reason for fees paid and explain to the home office that if further top-up payment is required, I will be happy to pay, though very difficult for me to arrange that money.
Or should I make a fresh application and withdraw this application? Kindly suggest.

[marcnath]

Thanks a lot for your suggestion. May I request you to please suggest a source on gov.uk where this rule is mentioned. I am unable to find it anywhere.
Also, since we have already paid for the extension, what option do we have now? What can we do in this situation as our biometric appointment is on 21st May 2022.

CR001 can reconfirm, but this is what I found in the immigration rules:

Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.

That seems to indicate 2 years rather than 3.
https://www.gov.uk/guidance/immigration ... ly-members

You have quoted the wrong rule.

It is 319D (ii) that is relevant.

(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.

Thanks, I did think you would be correct, but missed that section.

[marcnath]

Thanks for your suggestion, Just wanted to clarify I have paid visa fees for one year (£623/person) and IHS for 6 months (£312/person). I have paid for 3 people (my wife and 2 kids) and already paid close to £4100 including super-priority fees.

So if according to you if I get a letter to top-up my payment, for how long will the top be expected. 1 year or 3 years?

May I request your kind comment on my question? It will help me decide in this difficult situation.
May I write a cover letter explaining the reason for fees paid and explain to the home office that if further top-up payment is required, I will be happy to pay, though very difficult for me to arrange that money.
Or should I make a fresh application and withdraw this application? Kindly suggest.

If you withdraw the application, then you will lose everything you paid. If you have paid a lower Visa fee, you are better off writing to them. As mentioned before, you will get a request for IHS top up.

[ManishC123]

Thanks for your suggestion, Just wanted to clarify I have paid visa fees for one year (£623/person) and IHS for 6 months (£312/person). I have paid for 3 people (my wife and 2 kids) and already paid close to £4100 including super-priority fees.

So if according to you if I get a letter to top-up my payment, for how long will the top be expected. 1 year or 3 years?

May I request your kind comment on my question? It will help me decide in this difficult situation.
May I write a cover letter explaining the reason for fees paid and explain to the home office that if further top-up payment is required, I will be happy to pay, though very difficult for me to arrange that money.
Or should I make a fresh application and withdraw this application? Kindly suggest.

If you withdraw the application, then you will lose everything you paid. If you have paid a lower Visa fee, you are better off writing to them. As mentioned before, you will get a request for IHS top up.

Thanks for the help.

[hag9]

I have a question that is somehow relevant to the topic of this post.

My family is in a very same similar situation; I got the ILR from the GTV route, while my wife was on a Tier 2 dependent. Now we want to switch her visa to GT dependent because she still has 2.5 years until the ILR.

When completing her visa application, they ask some questions about the main applicant, including HO ref no and BRP no- should we put the numbers of the original GTV, or the ILR?

Also, since getting the ILR, the main applicant has recently renewed his passport. When they ask about the main applicant's passport number, should we provide the old or the new passport's number?

Thank you!!