I am posting this on behalf of my sponsored worker and his family.
Sponsored worker spent 5 years in the UK (COS valid for 5 years) and received ILR a few weeks ago.
His family (wife and 2 kids) joined him 6 months later after he arrived so they have been in the UK for 4 years and 6 months. They received a 5 years visa that was 6 months short due to his COS end date.
We have made a visa application for his family and they applied for 3 years visa. This would be more than enough for them to qualify for ILR in 6 months.
Now, we received an email claiming that we must pay for 5 years visa?
Apparently, the reason is that his original COS was for 5 years, so now they need to apply for 5 year visa although they spent 4.5 years in the UK already?
Main applicant's COS is already expired (and he received ILR) and the only reason we entered 3 years instead of 5 years COS length in the application is that when we entered 5 years is that we filled a whole application with cos dates and were required to pay 5 years instead of 3.
I am not sure how to get three year visa.
Please see below.
That said, should I:Dear XX
Ref: xxxx-yyyy-vvvv-zzzz
You have attempted to make an application for permission to stay in the United Kingdom.
The application is not yet valid. We have set out below what is missing from your application.
You must provide all of the missing information within 10 working days from the date of this e-mail otherwise your application will be rejected as invalid.
Incorrect or no fee paid
The specified fee has not been paid. You can find information on our current fees at https://www.gov.uk/skilled-worker-visa/ ... h-it-costs
The statement below provides more detail about your failure to pay the specified fee and the steps you must now take to validate your application.
Although you have made a payment, it is not the correct amount. You must now pay the balance of £2,427.
You need to pay this additional fee because you stated your sponsors job was for 3 years or less, however previous leave was for 5 years.
Please now follow the instructions in the guidance notes on the application form and send a completed payment slip (attached) with the balance amount. You must complete all sections of the payment slip.
Please send the completed form to: worksponsoreddocumentrequests@homeoffice.gov.uk within 10 working days quoting your application reference.
Should you wish to pay the balance of £2,427 by cheque please send the cheque, together with the completed payment slip to the address stated below:-
Department 600
UKVI
The Capital
Old Hall Street
Liverpool
L3 9PP
When we have received a completed valid application, we will consider it in accordance with the Immigration Rules and published policies. If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.
Consequences if you do not provide this information
If we do not receive your payment within 10 days of the date of this letter, even if you have already enrolled your biometrics, your application will be rejected as invalid. If your leave has expired, you will become an overstayer.
From the 18 March 2016, new fees regulations will allow the Home Office to retain an administration fee on in country charged applications that are rejected as invalid. The fee is £25 per person included in the application.
If you do not provide the payment, your application will be rejected as invalid and the Home Office will refund your fee, minus the administration fee.
If you submit a new application, the date of that application will be the date that it is posted, delivered by courier or accepted at a premium service centre.
Please note, as we have requested additional information for us to conclude your application, it may not be possible to make a decision within service standard in this instance.
Thank you
Work Sponsored Routes Team
Visas and Citizenship
UK Visas & Immigration
Home Office
1. Send them an email saying that I want to pay for 3 years, not 5 years
2. Make a new application and wait for this one to refund
2a. If this one get's refunded, does it mean that full refund except 25gbp will be issued)?
3. Pay the outstanding amount as there is no way around it?
To conclude, PBS dependants have been in the UK fo 4.5 years, main applicant received ILR a few weeks ago, his family applied for 3 year visa and paid 3 year visa fee and IHS, and Home Office wants us to pay for 5 years instead of 3.
