PBS dependent visa - extension

[tushar_mars]

Hello All,

I have a query regarding my wife and son's Visa application on a Tier 2 PBS dependent. I've provided the below relevant details for their VISA processing.

I currently have a British citizenship and my route was Tier 2 ICT. My initial Tier 2 ICT visa was issued between 16/03/2010 to 02/04/2013. I had a further extension between 27/04/2013 to 20/03/2015. I then had my ILR done on 18/02/2015 and finally my citizenship in June 2016.

My wife and son had their dependent visa processed in Aug14 and had their Tier 2 ICT dependent visa between 17/09/2014 to 20/03/2015. They entered UK on 29/10/2014. In March 2015, I was asked to apply for an extension to their Visa on PBS dependent as I was on ILR then and they had their PBS dependent visa issued between 12/03/2015 to 12/03/2018.

Clarification required.

1). My wife and son would need a PBS dependent visa only for a further 18 months as they would be eligible for ILR in August of 2019? Please correct me if I'm wrong.

2). My main query is about the IHS (Immigration Health Surcharge) - As a PBS dependent visa is granted for 3 year the amount would be £600 for each applicant. However as I don't need for the entire 3 years would it be possible to pay only for the 18 months thats required (£300) each.

3). In the how much to pay section of IHS; I selected "Applying alone" after going through some previous threads however when I choose either "PBS dependent (Tier2)" or "Tier 2 PBS dependent" the value comes as 0. Whereas if I choose, "Applying to join someone (main applicant) in the UK", then there is the option to enter the visa end date which I entered as 31/08/2019 and the system calculated the amount as £400. - Is this correct?

4) I read online that PBS dependent visa extension would be provided only for 3 years minimum, is that the case.

I am planning to submit the VISA via postal and hence would need the above information for submission.

Any help would be greatly appreciated. Many thanks.

Regards,
Tushar

[CR001]

1). My wife and son would need a PBS dependent visa only for a further 18 months as they would be eligible for ILR in August of 2019? Please correct me if I'm wrong.

For PBS Dependents, their residence towards ILR starts from the date they ENTERED the UK and not from visa issue date. They will qualify for ILR no sooner than within 28 days before 29/10/2019.

2). My main query is about the IHS (Immigration Health Surcharge) - As a PBS dependent visa is granted for 3 year the amount would be £600 for each applicant. However as I don't need for the entire 3 years would it be possible to pay only for the 18 months thats required (£300) each.

You have to pay £600 each. You cannot choose a visa for less time.

3). In the how much to pay section of IHS; I selected "Applying alone" after going through some previous threads however when I choose either "PBS dependent (Tier2)" or "Tier 2 PBS dependent" the value comes as 0. Whereas if I choose, "Applying to join someone (main applicant) in the UK", then there is the option to enter the visa end date which I entered as 31/08/2019 and the system calculated the amount as £400. - Is this correct?

Pay the IHS separately on the IHS payment website and input the reference number(s).

4) I read online that PBS dependent visa extension would be provided only for 3 years minimum, is that the case.

Yes it is three years, this is what the immigration rules state. You cannot apply for less duration.

[tushar_mars]

Thank you CR001 for your reply, they are very helpful. It's a shame that I would have to pay for a period where the IHS is not applicable and there is no possibility of a refund either. It amounts to £600 and hence my query in the first place.

Regarding your reply where you'd mentioned

For PBS Dependents, their residence towards ILR starts from the date they ENTERED the UK and not from visa issue date. They will qualify for ILR no sooner than within 28 days before 29/10/2019.

I went through some guidance notes and found the below. Believe I can consider the period between the entry clearance and the date of actual entry. Please correct me if I'm wrong. However to be on the safe side I will go as you had suggested (i.e.) based on the actual entry date and not on entry clearance.

Absences which will not break continuity in the continuous period
This section tells you when absences will not break continuity when calculating if the continuous period requirement has been met.
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

page 14 of 25

[vinny]

Note the absence (pun intended) of family members in Categories covered by this guidance.

[vinny]

Thank you CR001 for your reply, they are very helpful. It's a shame that I would have to pay for a period where the IHS is not applicable and there is no possibility of a refund either. It amounts to £600 and hence my query in the first place.

Try applying for a refund, after receiving ILR.

[tushar_mars]

Thank you Vinny will proceed as advised.

[vinny]

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

[anony89]

Hello All,

I have a query regarding my wife and son's Visa application on a Tier 2 PBS dependent. I've provided the below relevant details for their VISA processing.

I currently have a British citizenship and my route was Tier 2 ICT. My initial Tier 2 ICT visa was issued between 16/03/2010 to 02/04/2013. I had a further extension between 27/04/2013 to 20/03/2015. I then had my ILR done on 18/02/2015 and finally my citizenship in June 2016.

My wife and son had their dependent visa processed in Aug14 and had their Tier 2 ICT dependent visa between 17/09/2014 to 20/03/2015. They entered UK on 29/10/2014. In March 2015, I was asked to apply for an extension to their Visa on PBS dependent as I was on ILR then and they had their PBS dependent visa issued between 12/03/2015 to 12/03/2018.

Clarification required.

1). My wife and son would need a PBS dependent visa only for a further 18 months as they would be eligible for ILR in August of 2019? Please correct me if I'm wrong.

2). My main query is about the IHS (Immigration Health Surcharge) - As a PBS dependent visa is granted for 3 year the amount would be £600 for each applicant. However as I don't need for the entire 3 years would it be possible to pay only for the 18 months thats required (£300) each.

3). In the how much to pay section of IHS; I selected "Applying alone" after going through some previous threads however when I choose either "PBS dependent (Tier2)" or "Tier 2 PBS dependent" the value comes as 0. Whereas if I choose, "Applying to join someone (main applicant) in the UK", then there is the option to enter the visa end date which I entered as 31/08/2019 and the system calculated the amount as £400. - Is this correct?

4) I read online that PBS dependent visa extension would be provided only for 3 years minimum, is that the case.

I am planning to submit the VISA via postal and hence would need the above information for submission.

Any help would be greatly appreciated. Many thanks.

Regards,
Tushar

Hello,
When I try to calculate IHS for PBS dependents extension under Tier 2 ICT , it shows as £0. Please can you confirm if it is really the case, my scenario matches with yours.

[vinny]

No.

There was originally an exemption of the IHS for Tier 2 (ICT) holders and their dependants. Unfortunately, they have removed this exemption.

[anony89]

No.

There was originally an exemption of the IHS for Tier 2 (ICT) holders and their dependants. Unfortunately, they have removed this exemption.

Thank you very much for the answer, however then there is some problem with the website which allows to calculate and pay the surcharge.

If I select "Applying alone" and relevant Tier 2 ict pbs dependent, then the value comes to £0
If I select "Applying to join somebody(a main applicant in the UK) , then it provides no provision for Bristish citizens, it mandatory asks for visa end date.
Not sure how to generate the IHS number in this case. There seems to be no other option.
Kindly help. Thanks

[vinny]

If their website doesn't ask you to pay, then it may be unreasonable of them to refuse you on the basis of non-payment. But they may chase you up for payment later, if they realize their mistake.

[vinny]

A way to pay may be to choose Tier 2 (General) dependant instead of Teir 2 (ICT) dependant.

[jyopav126]

Note the absence (pun intended) of family members in Categories covered by this guidance.

****UPDATE**** PBS dependant category is now covered under the Indefinite leave to remain: calculating continuous period in UK guidance!

Hi Vinny,
with new guidance in place, is it still the case that "For PBS Dependents, their residence towards ILR starts from the date they ENTERED the UK and not from visa issue date" ???

Thanks,
Pavan.

[vinny]

Visa issue date.

[vinny]

Perhaps entry date is safer.