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Tier 2 dependent Health surcharge - ILR husband

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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geethucmohan
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Joined: Fri Apr 27, 2018 5:16 pm
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Tier 2 dependent Health surcharge - ILR husband

Post by geethucmohan » Fri Apr 27, 2018 5:41 pm

Hi,

I am currently on Tier 4 student visa (expiring Feb 2019) and I would like to change to PBS dependent based on my husband's ILR visa. The expiry date of my husband's ILR BRP card is 31/12/2024. When I was about to pay my health surcharge, the online application asks me for my partner's visa expiration date ("The person whom you are applying as dependent of"). The only available date that can be filled here is my husband's BRP expiration date. This then brings the health surcharge fee to £1400 (£200 x 7 years).

But as I understand, the PBS dependent visas are either granted for 3 or 2 years (correct me if I am wrong). In this case, I am clearly being asked to pay more than I have to. My query is:

1) Do I have to pay this amount (£1400); go through with the application and then ask for refund. In that case do I get the rest of the money owed back in full?
2) Am I applying for the correct visa? He was granted ILR by working in Tier 2 (shortage occupation) for a continuous period of 5 years. He got his ILR in August 2017.

Please provide me with a response. Thanks in advance.

Regards,
Geethu

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Tier 2 dependent Health surcharge - ILR husband

Post by cyclina1 » Sat Apr 28, 2018 12:56 am

geethucmohan wrote:
Fri Apr 27, 2018 5:41 pm
Hi,

I am currently on Tier 4 student visa (expiring Feb 2019) and I would like to change to PBS dependent based on my husband's ILR visa. The expiry date of my husband's ILR BRP card is 31/12/2024. When I was about to pay my health surcharge, the online application asks me for my partner's visa expiration date ("The person whom you are applying as dependent of"). The only available date that can be filled here is my husband's BRP expiration date. This then brings the health surcharge fee to £1400 (£200 x 7 years).

But as I understand, the PBS dependent visas are either granted for 3 or 2 years (correct me if I am wrong). In this case, I am clearly being asked to pay more than I have to. My query is:

1) Do I have to pay this amount (£1400); go through with the application and then ask for refund. In that case do I get the rest of the money owed back in full?

See answer of 2.

2) Am I applying for the correct visa? He was granted ILR by working in Tier 2 (shortage occupation) for a continuous period of 5 years. He got his ILR in August 2017.

Wrong VISA. Because your partner is already settled. although he was settled through PBS route, you must switch to spouse visa of settled person.

Please provide me with a response. Thanks in advance.

Regards,
Geethu
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Tier 2 dependent Health surcharge - ILR husband

Post by cyclina1 » Sat Apr 28, 2018 1:00 am

you can extend PBS dependent only if you were in PBS dependent visa with your partner. Because you are on your own Tier 4, therefore you cannot switch to PBS dependent AFTER your partner granted ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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