Skilled worker Dependent extension VISA and IHS surcharge

[seenu2122]

Hi,

I will get my ILR appln result on DEC15,2024. My husband is still on PBS dependent visa. His visa is going to expire on DEC 29 2024. he hasn't completed 5 years in the UK so he needs to extend his visa as a PBS dependant till Aug 06, 2024 to complete 5 yrs and eventually he will apply for ILR with our 2 kids.

I was filling out his application, but some of the questions were confusing, so I'm looking for help.


1. Can he apply for 1 year extension skilled worker dependent visa as he already completed 4 years and 3 months and he will be eligible for ILR after 8 months ?

2. While filling out his skilled worker dependent extension VISA appln forms, it asks for my visa expiry date. If I put the current BRP expiry date as DEC29,2024. then it asks to pay only 517.50. IHS surcharge, It doesn't seem to be fine because it is only for 6 months IHS fee. What should I do in this case?

3. How do i make sure i pay for 1 year IHS and fill/pay the upto 3 year application fee?

Please guide me. thanks in advance
Seenu

[CR001]

1. It is a 3 year extension. You cannot apply for only 1 year.

2. You put an end date 3 years in the future.

3. You can't apply for a 1 year visa. The immigration rules state it is 3 years if rhe main visa holder has ILR.

[seenu2122]

This looks like completely unfair, iam just ~30 days short of the 5 year period, but have to spend ~10k applying for family of 3 to extend the dependent PBS for 3 years

Is there any chance of getting the IHS refund later?

Atleast Can i raise the issue with someone and stop this injustice for future people like me ?

[lolo2]

It's looks unfair, but this has been the case for years.

When you apply for ILR no refund is given on the IHS for the overlapping period.

This has been discussed many times here on the forum. There is no requirement to apply for ILR in exactly five years, dependants can stay under the same visa until close to its expiration and then apply for ILR - if they wish to make the most of the money paid.

UKVI don't envisage that everyone (main applicants and dependants) will apply for ILR in exactly five years after being granted a relevant visa. That's one of the reasons why these renewals are not calculated based on eligibility for ILR.

[seenu2122]

@lolo2

why would the dependents or anyone stay on tier2 skilled worker visa, when there are eligible for ILR?

Rather i guess it will do more harm and the ILR fees may rise and you will end up paying more

[lolo2]

Because not everyone applies for ILR immediately when they're eligible, some even never apply.

Perhaps we don't see this very often but there are still cases where migrant workers (in any qualifying visa) leave the UK after working some time in the country or once their visas expire. They go back to their countries or go elsewhere.

ILR is an option for those wanting to stay in the UK in a more permanent basis, it's not a mandatory requirement. Not all migrant workers want (or can) stay in the UK permanently.

The UK immigration system is not designed around ILR or to facilitate that. In fact, if we check the last government rules in this regard, these aim to do the opposite effect.

[seenu2122]

Because not everyone applies for ILR immediately when they're eligible, some even never apply.

Perhaps we don't see this very often but there are still cases where migrant workers (in any qualifying visa) leave the UK after working some time in the country or once their visas expire. They go back to their countries or go elsewhere.

ILR is an option for those wanting to stay in the UK in a more permanent basis, it's not a mandatory requirement. Not all migrant workers want (or can) stay in the UK permanently.

The UK immigration system is not designed around ILR or to facilitate that. In fact, if we check the last government rules in this regard, these aim to do the opposite effect.

@lolo2: thanks for your reply

Thanks for everyones suggestions. i went ahead and started my application. Now i face more problems and have following questions

OK.
1. Previously i was under 5 years dependent skilled PBS skilled worked visa, Now should i extend now for the same 5 years only or can i do it for 3 years ? when i complete my application and pay IHS (571.xx pounds) and try to pay application fees its asking for 1085 pounds (5 years) and not 551 (3 years) as mentioned here

https://www.gov.uk/skilled-worker-visa/ ... h-it-costs



2. I went ahead and paid 1085, it confirmed and gave me a application fee paid reference number too, but when i clicked next it took me to the application page again and the asking me to pay for application fee, i got an email for IHS payment but didnt get one for application payment. I confirmed with my bank and they say the money has left my account

to double check i paid for my child IHS/application and i observe the same conidtion and its asking me to pay again for application.

Please suggest me the option to go ahead.
Thanks in advance

Seenu