Tier 2 Visa Extension--Help!

[Redstar222]

Any advice on how long to extend my Tier 2 General Visa? My current visa expires in Sept. 2020 with issue date and entry in August 2017. I want to try to avoid paying for a third year for the health surcharge, as it will be for myself and my husband and daughter so a total of £1200. I've already spoken with the Home Office, Citizens Advice (local council), and a local immigration specialist and all either didn't have the answer or just confused me more. My plan is to apply for ILR for myself and my husband as soon as we are eligible, but our daughter was born here so we want her to apply directly for citizenship (meaning we need our ILR first BEFORE her Tier 2 visa expires and that will of course be tied to my expiration date as the main applicant).

Do I just need to face the fact that I have to extend for 3 years for everything to line up? Is 'super priority' service later down the line a good alternative (recommended by the immigration specialist)? Or is there a mysterious third option that I don't know about currently?

Thanks for any advice!

[CR001]

Any advice on how long to extend my Tier 2 General Visa? My current visa expires in Sept. 2020 with issue date and entry in August 2017. I want to try to avoid paying for a third year for the health surcharge, as it will be for myself and my husband and daughter so a total of £1200.

Ask your sponsor for a CoS for a duration of 2 years, which is what you need before you can apply for ILR in August 2022. Not sure how you got to the £1200 fee for 3 people. IHS is currently £400 per year, so for a 3 year visa it is £1200 EACH.

My plan is to apply for ILR for myself and my husband as soon as we are eligible, but our daughter was born here so we want her to apply directly for citizenship (meaning we need our ILR first BEFORE her Tier 2 visa expires and that will of course be tied to my expiration date as the main applicant).

A UK born child does NOT need to have a valid visa to be able to apply for citizenship. UK born children have an entitlement to register as British (ie cannot be refused) once either parent gets ILR. Note that citizenship applications can take up to 6 months, sometimes longer.

Do I just need to face the fact that I have to extend for 3 years for everything to line up?

A CoS can be for any duration. There is no rule that it must be for 3 years.

Is 'super priority' service later down the line a good alternative (recommended by the immigration specialist)?

Super priority costs, currently, an extra £800 and is also not guaranteed.

Or is there a mysterious third option that I don't know about currently?

Not sure what you mean by third option. All information on what is available is clearly published and available.

[Redstar222]

Thanks, that's useful! Re: the £1200 that's an extra £400x3 if I extend for three rather than two years (I understand it's £3600 for three years or £2400 for two for three people, just was counting the additional year as that's what I'm unsure I need). My concern is the gap between an application and the results. That is, my employer has assured me that I'll be okay in terms of 'right to work' as long as I submit the ILR app before my Tier 2 visa expires but what about access to NHS? This is after all what the health surcharge is meant to cover anyway. I'm assuming if my husband and I have a ILR application in then that's absolutely fine, but that leaves my daughter stuck in limbo until our ILR is approved. I'd be afraid of having a gap between her Tier 2 visa and citizenship in case she needs health care during that time.

By third option I just meant is there something I've missed in the rules. I've read everything carefully, but of course things change regularly (e.g. fees were £200 per person per year for health surcharge in 2017) and so it's possible I'm missing or misunderstanding something.

[CR001]

Thanks, that's useful! Re: the £1200 that's £400x3 if I extend for three years rather than two.

It would be £800 each for a two year extension. Note also that the IHS is increasing later this year, I believe beginning of October so you should be ok.

My concerns is the gap between an application and the results. That is, my employer has assured me that I'll be okay in terms of 'right to work' as long as I submit the ILR app before my Tier 2 visa expires but what about access to NHS?

Are you asking about the extension or ILR?? There is a specific ILR sub forum for ILR queries. Any application that is submitted in time, before a visa expires, and the visa then does expire while the application is pending, engages Section 3C of the Immigration Rules, which means your existing visa conditions continue until HO makes a decision on your application.

This is after all what the health surcharge is meant to cover anyway.

As long as you have a valid visa or Section 3C engagement, nothing changes in terms of your right to remain and work.

I'm assuming if my husband and I have a ILR application in then that's absolutely fine, but that leaves my daughter stuck in limbo until our ILR is approved. I'd be afraid of having a gap between her Tier 2 visa and citizenship in case she needs health care during that time.

You would likely have to pay, which is 150% of NHS cost if you don't have private medical insurance.

By third option I just meant is there something I've missed in the rules. I've read everything carefully, but of course things change regularly (e.g. fees were £200 per person per year for health surcharge in 2017) and so it's possible I'm missing or misunderstanding something.

Nothing mysterious. Everything is available online to read.

[Redstar222]

Are you asking about the extension or ILR?? There is a specific ILR sub forum for ILR queries. Any application that is submitted in time, before a visa expires, and the visa then does expire while the application is pending, engages Section 3C of the Immigration Rules, which means your existing visa conditions continue until HO makes a decision on your application.

I'm asking about how long to extend my Tier 2 Visa, but am thinking ahead to the ILR application so that I can avoid a gap between applications. Basically, I'm debating between extending for two or three years for the reasons I mention in the previous post.

You mention needing to pay 150% NHS costs if there's a gap for my daughter, which would be precisely my concern and what I'm aiming to avoid.

Is it worth asking this question on the ILR board too?

[CR001]

I'm asking about how long to extend my Tier 2 Visa, but am thinking ahead to the ILR application so that I can avoid a gap between applications. Basically, I'm debating between extending for two or three years for the reasons I mention in the previous post.

There is no 'gap'. The document below explains what Section 3C is and when it is engaged once a visa expires. You need 5 years for ILR, so you can ask for a 2 year CoS if you wish. Note also that IHS you have paid for a 3 year extension and then get ILR after 2 years on the extension, is not refunded.

https://www.gov.uk/government/publicati ... d-3d-leave

You mention needing to pay 150% NHS costs if there's a gap for my daughter, which would be precisely my concern and what I'm aiming to avoid.

Not required to pay if you have medical insurance. However, I can't recall anyone posting that they have had to pay for a GP appointment.

Is it worth asking this question on the ILR board too?

No. I have answered your query and explained already.

[Redstar222]

Okay, thanks! The 'gap' I mean is in my daughter's case. We don't have private insurance so it's just NHS that we rely on and in which case the 150% would apply. Sorry if that wasn't clear--messaging isn't always great for explaining meaning.

Anyway, I do fully understand the situation for my husband and I now--thank you! I still feel--perhaps wrongly--that three years extension may be the best choice as I don't want to leave my daughter without NHS coverage or a valid visa, and as the rules state on parent must have ILR before an application for citizenship can be made then there's really no way to guarantee that we'll have our paperwork in time if we only apply for a two-year extension.

[CR001]

Okay, thanks! The 'gap' I mean is in my daughter's case. We don't have private insurance so it's just NHS that we rely on and in which case the 150% would apply. Sorry if that wasn't clear--messaging isn't always great for explaining meaning.

Your best option then to minimise the risk is to apply for ILR using super priority service, even if only for yourself and apply standard service for your spouse. Only one parent needs ILR for your daughter to register as British.

Anyway, I do fully understand the situation for my husband and I now--thank you! I still feel--perhaps wrongly--that three years extension may be the best choice as I don't want to leave my daughter without NHS coverage or a valid visa, and as the rules state on parent must have ILR before an application for citizenship can be made then there's really no way to guarantee that we'll have our paperwork in time if we only apply for a two-year extension.

Choice is yours at the end of the day.

[Redstar222]

Okay, that does make sense! I only said the three years as you mentioned the super priority service isn't guaranteed--I'd heard that before as well. BUT, your advice has been enormously helpful!!!

[CR001]

You're welcome. Feel free to ask any further questions you have in this topic.

[Redstar222]

Your best option then to minimise the risk is to apply for ILR using super priority service, even if only for yourself and apply standard service for your spouse. Only one parent needs ILR for your daughter to register as British.

I read through other previous posts and one stated that British-born children awaiting their citizenship decision would also be entitled to emergency NHS care even if their Tier 2 visa expired. Is this information accurate? I don't mind delaying nonessential specialist appointments, as my daughter is generally healthy, but we've had at least one situation where an ambulance was needed for her along with treatment in A&E so I mainly worry about those scenarios cropping up after her visa expires. I'd call the NHS myself but when I first moved here found they didn't know much about these rules and just said my daughter had a right to NHS indefinitely (rather than the 3-month rule) when I inquired.

My work is suggesting I just get the two-year extension, so I don't know if I'm overworrying/overthinking the whole transition to citizenship for my daughter. Timelines for these decisions on previous threads seemed to be about a month if I read correctly, so while it's not guaranteed I suppose if do super priority and all goes smoothly that she should get her citizenship close to, if not before, her visa expires.

[JB007]

I read through other previous posts and one stated that British-born children awaiting their citizenship decision would also be entitled to emergency NHS care even if their Tier 2 visa expired. Is this information accurate?

https://www.gov.uk/guidance/nhs-entitle ... -treatment

Free Services

accident and emergency services, including all A&E services provided at an NHS hospital, for example, those provided at an A&E department, walk-in centre, minor injuries unit or urgent care centre. This does not include those emergency services provided after being admitted as an inpatient, or at a follow-up outpatient appointment, for which charges must be levied


Hospital treatment

Hospital treatment is free to people classed as ordinarily resident in the UK.

To be considered ordinarily resident, you must be living in the UK on a lawful and properly settled basis for the time being.

Since 6 April 2015, non-EEA nationals who are subject to immigration control must have the immigration status of indefinite leave to remain (ILR) at the time of treatment and be properly settled, to be considered ‘ordinarily resident’.