PBS Dependant - Partner - IHS Surcharge

[pspvarma]

Hi Team,

Please see my situation below and kindly advice.

Main Applicant - Tier 2(General) - Feb2014 - Mar2017(3 years) and then an extension from March2017 - Mar2019(2 years)
Dependant(Wife) - Tier 2 Dependant - Feb2015 - Mar2017(2 years) and then an extension from March2017 - March2019(2 years)

Main applicant received ILR in March 2019.
Now, have to extend the dependant visa for at least one more year for her to be eligible for ILR in Feb2020.

The application was straight forward until I had to pay the IHS surcharge, if I enter the main applicant visa end date which is 2024, the IHS amount is coming to £2400.

I am looking to pay the IHS surcharge outside the application which is coming to £1200.

But I only need visa extension for my wife for 1 year, how can I apply an extension only for the time that is required upto her ILR eligibility which Feb2020 and be able to only pay the IHS fee of £400.

Would the case worker consider the 4 years and grant the visa for only 1 year or grant the visa for all 3 years ? Any one who had a similar situation , please can you provide your inputs or share your experience kindly?

[CR001]

Put your ILR expiry date as 3 years forward to ge the correct amount on the online form.

A PBS extenion will be for 3 years and that is what you must pay for. You cannot choose a lesser validity period as the immigrations rules part 8 state a PBS dependent will get a 3 year extension if the main pbs visa holder has ILR.

[pspvarma]

Thank you for the reply, But I understand the maximum duration for a Tier 2 visa(be it applicant or dependant) is 6 years.
My wife being in the UK for 4 years already , will she be granted 3 years again?

What if she only is granted 2 years (due to the cap of 6 years), will the IHS surcharge be partially refunded?

Please can you advice.

Thanks.

[CR001]

The 6 years max cap applies to main PBS visa holders ONLY and NOT to PBS dependents, who can extend their visas as many times as they wish.

[pspvarma]

PBS(Dependant) Policy guidance mentions the below -

"Overview of the terms and conditions for applications by PBS migrants

Periods of grant

45.Partners: We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave, except where the PBS migrant has been granted indefinite leave to remain. In these cases, we will grant you a period ofthree years leave.An application forfurther leave may then be made if required to take you up to the applicable qualifying period for indefinite leave to remain."

The above underlined statement mentiones that an application for further leave can be made up to the qualifying period, in my case its Mar 2020, in this case the additional 2 years if granted will be obselete and the IHS surcharge will not be refunded, which I feel is not an efficient utilisation of the paid surcharge.

How do we then apply for only up to the qualifying period?

Any one recently applied in a similar situation?, please advice or you experince will be hugely appreciated.

[CR001]

You have no choice but to apply for 3 years, which is the experience of everyone that requires a dependent extension to cover a shorter period for ILR.

[pspvarma]

Appreciate your timely response. Thank you.