UK Tier 1 PBS Dependant Enquiry

[zeeshah2013]

Hi There,

Need some information on below points so would appreciate if some of the experts can provide this information.

My wife is on Tier 1 PBS dependant visa
Initial Visa
Issue Date ---->>> 11-09-2013 -- 02-06-15
Entry Date UK----->>> 24 Oct 2013

Extension 1
She then got her extension till 01-06-2018.

Question 1
Now we need to apply for her extension as she cannot fulfill 5 years continuous period for ILR. She needs to travel to Pakistan as her mom is critically ill. Need to confirm she would be fine travelling as long as she comes back before expiry date/appointment date. Dont want to get in trouble with immigration desk.

Question 2

Does the 180 day rule apply to her as i believe rules are changing in April. When the new rules kick in, do they apply from that year onwards rather than previous years.

Question 3
Does the continuous period starts form issuing of UK visa or Date of entrance to UK.

Question 4
Given she will be short of few months for ILR, do we have to apply for extension first? The once she gets extension , apply for ILR again [ Too much cost here ]

Question 5
Does she has to pay 1 year NHS fees as well if she gets few months extension only?.How long normally home office would extend here for ?

I really appreciate if someone can answer above mentioned issues

Thanks
Zee

[CR001]

Question 1
Now we need to apply for her extension as she cannot fulfill 5 years continuous period for ILR. She needs to travel to Pakistan as her mom is critically ill. Need to confirm she would be fine travelling as long as she comes back before expiry date/appointment date. Dont want to get in trouble with immigration desk.

Fine to travel as long as she comes back before expiry of visa.

Question 2
Does the 180 day rule apply to her as i believe rules are changing in April. When the new rules kick in, do they apply from that year onwards rather than previous years.

The rules changed on 11th January but not for applications that were granted prior to 11th January.

Question 3
Does the continuous period starts form issuing of UK visa or Date of entrance to UK.

Visa issue date but probably safer to use date of entry.

Question 4
Given she will be short of few months for ILR, do we have to apply for extension first? The once she gets extension , apply for ILR again [ Too much cost here ]

Yes you need to apply for an extension. It will be a 3 year extension and you cannot ask for a lesser time.

Question 5
Does she has to pay 1 year NHS fees as well if she gets few months extension only?.How long normally home office would extend here for ?

IHS payable for 3 years.

[zeeshah2013]

Thanks for the info. The IHS fees seems unfair tbh. Why would they extend you for 3 years when you are eligilbe for ILR in few months time. Is there no way we can ask for refund for IHS once we get the ILR as it then does not makse sense to pay IHS fees

[CR001]

Thanks for the info. The IHS fees seems unfair tbh. Why would they extend you for 3 years when you are eligilbe for ILR in few months time. Is there no way we can ask for refund for IHS once we get the ILR as it then does not makse sense to pay IHS fees

Because the immigration rules state an extension will be for 3 years.

If IHS is not paid, the PBS Dependent application will be refused.

Unlikely you will get a refund of IHS fees.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You won’t get a refund if:

your visa application is successful but you don’t come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS