Tier 2 dependent

[Redrose213]

Hi,
Please help.
I am tier 2 gernal dependent. My visa going to expire in September next month. My husband got ILR already.
My ILR is due in november 2020. So do i need to apply for extension and then ILR or is there any other way i can save lot of money.

My history.
Came in uk 2014 on tier 4 visa.
Got married in September 2015. Got PSB visa in nov 2015. So i qualify for ilr in nov 2020.
My husband has changed job and is with different employers since feb 2020. He got ilr in September 2019. We Have a British child as well. Thanks

[CR001]

What is the exact date you got your initial tier 2 dependent visa?

What is the exact date that your current visa expires?

[Redrose213]

Hi thanks for coming back to me.
Initial visa issue 27/11/15
Current visa expires on 15/09/20.

[Redrose213]

Sorry one more thing
Docs were delivered to shefield office
On 26/10/15 for my first visa as psb dependent
If it helps at all. I have proof for it.

[CR001]

It is the visa issue date that is relevant, not the date HO received your application bundle.

[Redrose213]

Any advice on the above or do i have to apply for extension? I guess still i have to pay 3 years NHS fees
As well?
Thanks

[Redrose213]

Now i have applied for PSB VISA extension.
As i was granted PSB VISA ON 26/11/15.
I will qualify for ILR on 26/11/20. I have English and life in uk qualifications.

Due to current appointment issues, if i do not get my decision before, can i still apply for ILR? I believe i would be eligible for ILR on 30/10/20 (based on 28 days earlier rule).

I have paid £1200 IHS charges, Would i get refund ?

[CULLINAN]

You could have applied for ILR on 14th Sep (before expiry) and ONLY submit your biometrics AFTER 30th October (when you actually qualify). In that case a decision could only have made on a date you actually qualify and CW would/should have considered date of decision to calculate your continuous residency.

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... gov-uk.pdf

But now since you already have applied for PBS extension you can vary it to ILR on 30th October. I would suggest you to hold your current biometrics till then (biometrics are taking long anyways) so a decision can not be made on your PBS extension application till then and you can easily vary.

I think you should get a refund if you vary to ILR.

[CULLINAN]

Also, did your husband get ILR via the Tier 2 route and NOT long residency?

[vinny]

Be careful. If you fail to attend nor reschedule a biometrics appointment, then they may declare your application to be invalid.

You may vary an application before the decision.

[CULLINAN]

Adding on to what Vinny said above, in normal circumstance you get 2 months to enrol your biometrics. Post-covid, since UKVCAS is opening up in phases, it can take even longer. So it can be scheduled after 30th Oct to be able to vary to ILR.

[seagul]

I think you should get a refund if you vary to ILR.

You will not get a refund if:

your visa application is successful but you do not 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

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

[CULLINAN]

There are plenty examples when IHS was refunded when application was varied to ILR. And it only makes sense to return £1200 to someone who has varied to ILR.

Once you vary application to ILR and its approved, chase for your IHS refund. It will be refunded.

https://www.immigrationboards.com/gener ... s#p1844471

[seagul]

No harm in trying but equitably many never received back.

[CULLINAN]

No harm in trying but equitably many never received back.

Useful to post any similar thread?

[seagul]

No harm in trying but equitably many never received back.

Useful to post any similar thread?

Under forum rules these links won't be allowed. Why not make a Google search likewise being done a bit earlier.

[CULLINAN]

by vinny » Wed Jan 31, 2018 12:55 am

If refused a refund on IHS, then complain and quote:
PEO Complaints Mailbox, Home Office 10 September 2015 wrote:
If during their term of employment they become eligible for ILR and are successful with their application then any overlapping period of Leave will be refunded. However, a decision needs to have been taken on their application before this happens.

https://www.whatdotheyknow.com/request/ ... t.pdf.html

https://www.whatdotheyknow.com/request/ ... ing-635885

[seagul]

by vinny » Wed Jan 31, 2018 12:55 am

If refused a refund on IHS, then complain and quote:
PEO Complaints Mailbox, Home Office 10 September 2015 wrote:
If during their term of employment they become eligible for ILR and are successful with their application then any overlapping period of Leave will be refunded. However, a decision needs to have been taken on their application before this happens.

https://www.whatdotheyknow.com/request/ ... t.pdf.html

https://www.whatdotheyknow.com/request/ ... ing-635885

Can't you now search with opposite "no refund of ihs" then will find several other forums where members encountered that issue. As I said earlier that both experiences exist and the opposite one won't necessarily be from this forum. Try it now.

[CULLINAN]

Can't you now search with opposite "no refund of ihs" then will find several other forums where members encountered that issue. As I said earlier that both experiences exist and the opposite one won't necessarily be from this forum. Try it now.

Please do not tag me. I am helping out the OP. If you want to search and back up your opinion its your responsibility not mine. I have backed up my opinion with evidence. Leave it to the OP to decide what to do next. We are here to help for good not for the worse.

[seagul]

Its a open forum for public where anyone by following the guideline of forum can leave his/her opinion. Also most of us have no professional knowledge rather only share our own or others experiences and forward what officially written whether equivocally or not which I have done earlier with the intention to reply only to op. I am off now.

[CULLINAN]

Its a open forum for public where anyone by following the guideline of forum can leave his/her opinion. Also most of us have no professional knowledge rather only share our own or others experiences and forward what officially written whether equivocally or not which I have done earlier with the intention to reply only to op. I am off now.

Reply to the OP then and please do not “quote” or ask me to find evidence to back up your initial opinion which clearly stated that a refund is not possible.

[Redrose213]

Also, did your husband get ILR via the Tier 2 route and NOT long residency?

Hi Cullinan,
]
Thanks a lot for very useful input.
My husband got ILR based on tier 2 general 5 year route.
So if i do not get decion by 30 october, and want to vary for ILR route, do I need to put a complete new ILR
applications using a standard ILR form, 5 year PSB dependent route or there is a specific form for varying? Or cover letter etc.? Thanks for your help, hopw i will get my refund.

[CULLINAN]

Make sure you book your biometrics for extension on/after the 30th Oct so a decision can not be made before that. Also, do not upload any documents or submit documents via UKVCAS to UKVI.


Then vary your application to ILR on/after 30th Oct when you qualify.

You will have to fill out a new SET(O) form. The form will ask details about any pending applications you have. You will input the details there. Also, add a cover letter with all details and mention that you are varying to ILR.

The variation will automatically be done then. See if you automatically get refund for your extension application and IHS refund.

Otherwise you will have to chase HO and the relevant department. You will eventually get a refund.

[Redrose213]

That's very useful information, really appreciate it.
No appointments available and its says wait for apps
Download invite for BIOMETRIC Looks like it gonna delay atleast early November so should be fine in our case.

[CULLINAN]

That's very useful information, really appreciate it.
No appointments available and its says wait for apps
Download invite for BIOMETRIC Looks like it gonna delay atleast early November so should be fine in our case.

The biometrics are opening up at pace. I am assuming your date of application is early Sep in which case you are next batch. For now all applicants before 28th Aug are updated about next steps.
Also, check what is your last date to submit biometrics. Log in your UKVI account. It will have a deadline. Its 2 months from date of application.
Since, biometrics are going back to normal make sure you book after 30th but before that deadline and vary within that little margin.
I think your deadline will be 3rd November or so. Check that.