Global Talent Dependent Child Visa extension when main applicant has submitted for ILR and still waiting for ILR decisio

[Saaar075]

Hi All,

I entered UK along with my dependents on 27 Mar 2021 through GTV and based on completion of 3 years, I have submitted ILR on 11 May 2024 (biometric date). I included the child dependent along with my ILR Application. On 20 May 2024, I got an application update to provide evidence to prove sole responsibility of child. Although I provided justification letter and few evidence regarding this, however, received an email again on 23 May 2024 that as I am living with my wife so child is not under my sole responsibility. In order to avoid refusal, the caseworker suggested to apply for dependent leave (LTR) extension.

My ILR Application is still under review and I need to apply dependent leave extension then dependent ILR application will get vary and I will get a Refund.

As a main applicant, my current leave and my son's and wife's current leave is still valid upto 10 February 2025.

When I started making applcation for dependent child LTR extension, I have filled the application form and when moving to IHS section, I am facing some date related issues as below:

1. It is asking “visa expiry date of main applicant" and when I entered 10 February 2025 as current leave validity, then the IHS FEE applied is for 1 year. As I need 2 years visa extension for the child so that child will complete total 5 years, it should be two years IHS fee. However, I cannot add any other date of my visa expiry as my ILR Application is still under review.

2) How do I sort this issue? Any suggestions please.
Which date should be entered for the "visa expiry date of main applicant" when main applicant is still waiting for ILR decision?

Could any one help me for the above queries. Many thanks.

[meself2]

Why did you apply for your child under sole responsibility? Is your wife not the mother of your son?

It is asking “visa expiry date of main applicant" and when I entered 10 February 2025 as current leave validity, then the IHS FEE applied is for 1 year. As I need 2 years visa extension for the child so that child will complete total 5 years, it should be two years IHS fee.

The child will get the visa valid according to the least privileged parent's validity. As your wife has a visa until Feb 2025, child will also get a visa until that time, if applied, so I'm not sure what did you try to achieve with the application.
https://www.gov.uk/guidance/immigration ... bal-talent

GT 24.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

You'd have to apply for your spouse and child's visa for 3 years, once their current visa comes to a close.

A partner will be granted:
(a) permission which ends on the same date as their partner’s permission on the Global Talent route; or
(b) 3 years’ permission if the partner was (or is being) granted settlement on the Global Talent route.

I might be missing another way to get out of this, but that's the rules.

[zimba]

Why is your wife not applying with you for ILR ??

[meself2]

Why is your wife not applying with you for ILR ??

Could they? OP is applying a 3 year GTV ILR, wouldn't partner need another 2 years?

[zimba]

Why is your wife not applying with you for ILR ??

Could they? OP is applying a 3 year GTV ILR, wouldn't partner need another 2 years?

You are right, they cannot as he said above that they arrive here in 2021 (which I overlooked). Obviously the child and dependent can apply for another 3-year extension only. I think the OP incorrectly thought that the child could settle with him

[Saaar075]

Thanks all for your replies. To clarify, my wife is not eligible for settlement as she need to complete 5 years total as my dependent. In this situation, the email which I have received says

"As your wife does not have settlement, your application for dependant settlement would fall for refusal unless you can provide any evidence to meet the above rule. Alternatively if you submit a new application for LTR within the 10 days, we can vary this current application and give a refund."

[Saaar075]

Further, I would like to add that all three of us (me, my child and wife) has current leave validity till 10 February 2025.

[CR001]

There is no pint applying for a another visa for the child as they will get a visa with exactly the same visa expiry date they currently have if your spouse isn't also applying.

The likelihood is that you simply lose the ilr fee you have paid for the child as the error is yours.

The only alternative is to apply for a 3 year extension for both the child and your wife and paying the visa and ihs fees.

[lolo2]

To clarify, my wife is not eligible for settlement as she need to complete 5 years total as my dependent

Neither your wife nor the child are eligible for ILR now, they both follow the same route as your dependants. Unsure why you thought this rule applies to one dependant only.

Further, I would like to add that all three of us (me, my child and wife) has current leave validity till 10 February 2025.

Your dependents can apply to extend their visas at any time before the expiry date, so they can stay with the current visa until 10-02-2025 and no need to do anything now. It'll be a three years extension. They will qualify for ILR in 2026.

You can submit your ILR application on your own, there's no issues with that.

[Saaar075]

Thanks all for your reply. I am writing an update here.

As I mention earlier, the below is my current situation. Can anyone of you please guide me.

I submitted the ILR Application for Me & Child Dependent last month and I got query from HO that child not eligible. The caseworker recommended to vary the child ILR application with LTR Extension. I then varied the child application for LTR extension. Today within 10 days of variation, I have received an email for the varied child application, i.e., LTR, where I have received below text in quote.

"Dear xxxx xxxx

Ref: xxxx - xxxx - xxxx - xxxx DG

We are considering your application and need further information. This information is being requested under paragraph 245AA(b) of the Immigration Rules. Please provide the following within 10 working days of the date of this request:

We note from our records that you have leave to remain in the UK which is valid until 10 February 2025.

Please confirm that you are aware that if any further leave is granted, it will commence from the date of the decision. Not from the end date of any current leave you may have.

A full refund of the fees paid would be made if you choose to Withdraw your application.

Please confirm if you wish to proceed, or withdraw your application."

Just for information, I am still waiting for decision on my settlement application.

From the above email I understand that the child has current leave valid till 10 Feb 2025, the caseworker is right that any extension will be granted from current date of decision. I requested for two years extension and paid two years IHS by thinking that if the extension granted from now then child would need two years to complete 5 years.

I think I should take full refund and submit LTR extension for 1 year for child on a later date close to Feb 2025, as the child only needs 1 year extension from Feb 2025 to complete 5 years in Feb 2026 to be eligible for ILR application. By that time I will have my ILR decision.

1) If I confirm the caseworker to the email receievd today to take a refund of varied LTR extension application, will I also get refund for the original ILR application for the child?

2) I called UKVI and discussed all these, they said yes refund will be provided for both the applications.

Many thanks you all who have supported in this difficult time. I am in lot of anxiety from a month for these things. Now I just want to get out of these things, as with refund I will get hard earned fortune back to cover livelihood.

[CR001]

The rules do not allow your child to get a visa with an expiry date that is different or later than your spouse.

There is no 5 year residence for children they apply for ILR when both or the second parent applies.

Pintlesa apply for an extension when the expiry date will be exactly the same as what they have now.

[Saaar075]

You are right CR001. I mean to said that my wife will complete 5 years on Feb 2026 and she will be eligible for ILR and I will include the child at the same time when wife will apply.

[lolo2]

Withdraw the child application and get a full fee refund, at least UKVI are offering you this.

The wife and child can apply for an extension next year.

[Saaar075]

Yes, I will confirm them to withdraw. Just the last bit of question "I asked UKVI on call about what will happen to refund of child ILR Application which I varied". Will there be any impact of Withdrawing the current application on refund of original child ILR application". They confirmed that both will be refunded.

[zimba]

You will not get any funds

Where the Secretary of State varies an application for settlement (Indefinite Leave to Remain) to an application for permission to stay, the fee paid for the ILR application will not be refunded – this includes where permission to stay is rejected due to nonpayment of the Immigration Health Charge.

https://assets.publishing.service.gov.u ... policy.pdf

[Saaar075]

Home Office didn't vary my Application. Please don't get confused.

I varied the Child ILR application and they told me that fee will be refunded if I make a variation within 10 days and they said if I not make variation within given time then ILR application will be rejected.

The rule is clear and I have read in Variation guidance that when applicant vary an application with a new application then full fee for first application will be refunded.

Further, I have double confirmed with UKVI on call and they said that I will receive refund for both

1) Original/first ILR application which I varied with
2) LTR application (I have now started receiving refund)

[zimba]

You clearly misunderstood what 'Secretary of State varies an application for settlement' means. Any variation of leave is ONLY done by the secretary of state, this means you request a variation and then the Secretary of State varies it. Variation from ILR to a limited leave does not lead to any refunds as you see.

Also, there is no official UKVI helpline. What you get is an outsourced third-party phone line that dishes out incorrect advice regularly.

[Saaar075]

Please see the text below I receievd on the email.

"As your wife does not have settlement, your application for dependant settlement would fall for refusal unless you can provide any evidence to meet the above rule. Alternatively if you submit a new application for LTR within the 10 days, we can vary this current application and give a refund."

What does this mean then?

[zimba]

Please see the text below I receievd on the email.

"As your wife does not have settlement, your application for dependant settlement would fall for refusal unless you can provide any evidence to meet the above rule. Alternatively if you submit a new application for LTR within the 10 days, we can vary this current application and give a refund."

What does this mean then?

I pointed out the official refund policy that tells you that a refund will not be issued. It is quite possible they will notice this and refuse to issue any refund later.

[Saaar075]

https://www.gov.uk/government/publicati ... accessible

Refunding application fees when variation applies:

When the original and variation applications are made online, the applicant will have paid 2 fees. You must refund the fee for the first application. If both applications, or the second application, are on paper, and the fee for the second application is higher, the applicant must pay the difference between the original fee and the new higher fee, and you must write to them using the ‘Validity reminder in and out of country’ template, to tell them what the difference is and request payment.


Variation of immigration applications
Where an application is made and a further application is submitted from the customer that has the effect of varying it, the fee for the first application must be refunded.

[zimba]

Yes, the refund policy says the same thing. The refunds are normally given following a variation EXCEPT when the Secretary of State varies an application for settlement (Indefinite Leave to Remain) to an application for permission to stay.

Variation of immigration applications
Where an application is made and a further application is submitted from the customer that has the effect of varying it, the fee for the first application must be refunded. For guidance on varying applications, please see the document titled Applications for leave to remain: validation, variation and withdrawal.

Where the Secretary of State varies an application for settlement (Indefinite Leave to Remain) to an application for permission to stay, the fee paid for the ILR application will not be refunded – this includes where permission to stay is rejected due to nonpayment of the Immigration Health Charge.

https://assets.publishing.service.gov.u ... policy.pdf

If you managed to get the refund, report it here so that interpretation can be clarified.