Tier 2 - Skilled Worker Dependent visa extension for 35 days when main applicant has ILR.

[Shamprasath]

Hi All,
I have got ILR on April 2021, my wife entered UK on December 2019 with PBS dependant visa valid till October 2021 and later we extended the PBS dependent visa for another 3 years to qualify for ILR but she got the visa until 19 November 2024 which is not covered complete 5 year time period still 35 days left to complete the 5 year. If someone can answer below queries, Please guide me.

The key details are:

• Tier 2 dependant first day: 25/12/2019
• Visa expiry date: 19/11/2024
• 5-year completion date: 24/12/2024
• Eligible to apply for ILR: 27/11/2024 (based on the 28-day rule before the 5-year completion)

There seems to be an 8-day gap between the visa expiry (19/11/2024) and the date you’re eligible to apply for ILR (27/11/2024).

Key points:
1. 35 days left from 19/11/2024 to complete 5 years.
2. 28-day rule allows ILR application to be submitted on 27/11/2024.
3. Gap: From 20/11/2024 to 27/11/2024, you need to extend or maintain your Tier 2 dependant visa to cover this period.

At the stage what option I need to choose from below or any guidance you can can suggest please.

Option 1 – Apply Tier 2 - Skilled Worker Dependent visa on 18/11/2024 and extend the biometric appointment on or after 01/12/2024 then apply for ILR visa on 29/11/2024 and request UKBA to cancel the Tier 2 - Skilled Worker Dependent visa since she qualifies the ILR eligibility by 28 days rules allows ILR application to submit.

In this case – Can I pay HIS surcharge for 1 year or less or do I need to pay 3-year IHS surcharge?? If I cancel the application, will I get the money back.


Also, can anyone point to the guidance details or section which contain this information about number of years extension granted for PBS dependant of ILR main applicants in my situation because she got the Tier 2 dependent visa for 3 years during my ILR period so in this case still is eligible to apply for extension for next few days/years?

Thank you in advance for your valuable guidance.

[zimba]

There is no 28-day rule per se. You will become eligible for ILR within 28 days of completing the 5 years, so you technically do not need 5 years to get ILR. The trick is to apply before visa expiry and ensure that the date of ILR decision lands on or after the earliest eligibility date. So the date of application is less relevant and there is no need for an extension

Read: Applicants can benefit from the date of the ILR decision

[lolo2]

• Tier 2 dependant first day: 25/12/2019
• Visa expiry date: 19/11/2024
• 5-year completion date: 24/12/2024
• Eligible to apply for ILR: 27/11/2024 (based on the 28-day rule before the 5-year completion)

The wife can apply for ILR by or before the expiry date (19/11/2024), book biometrics on 27/11/2024 and onwards and she will be eligible when a decision is made. No need for another extension.

she got the Tier 2 dependent visa for 3 years during my ILR period so in this case still is eligible to apply for extension for next few days/years?

Any dependant extension will be for 3 years again, as you did the last time. It's not possible to adjust the duration for a lesser time.