Tier2 Dependent Extension - Duration

[lolIndian]

Hi,

Soon I will be applying for ILR via Tier2 General completing 5 years in the UK. My wife and kids arrived 3 months late in the UK (4 years & 8 Months). They will not be eligible for ILR. I will have to go for Tier2 Dependent extension.

Kindly let me know if there is any shorter visa extention like 1 year or 6 months. I don't want to pay IHS for another 3 years.

Thanks

[CR001]

let me know if there is any shorter visa extention like 1 year or 6 months. I don't want to pay IHS for another 3 years.

No there is not. The immigration rules state that when the main PBS migrant holds ILR and the dependent(s) do not yet qualify for ILR, that a dependent extension will be granted for 3 years. There is no discretion on this to suit you.

What was the date that their initial visas were issued??

[lolIndian]

My Initial Visa was issued in July 2015, I came to UK in Aug. 2015
My wife and kids applied only in Octorber 2015 and received Visa in Nov. 2015.

I did calculate the 28 days but, still there is a shortage of about 2-3 months, since their visa expires in July 2020.

There are two options for their extension. Upto 3 Years and over three 3 years.

I wanted to check if there is some option since they used the word UPTO instead of 3 years extension.

I am going to ILR with priority service and will have apply for extension for them on receiving ILR.

[CR001]

I wanted to check if there is some option since they used the word UPTO instead of 3 years extension.

It is a 3 year extension. You cannot choose a lesser time. Note also that the above is usually a direct reference to the last CoS.

[lolIndian]

Thanks for your reference.

I don't understand your remark about the CoS.

[CR001]

The UPTO 3 years and MORE than 3 years is directly linked to the length of a CoS, i.e. 2 years/3 years/5 years etc.

A dependent will always get a visa with an expiry in line with the main tier 2 migrant.

Once the main tier 2 migrant has ILR, the dependent visa extension if they are short for ILR is always 3 years. There is no discretion on this by HO.

See the specific immigration rules Part 8 - Family Members of Relevant Points Based System Migrants and Appendix W Workers - 319D(ii)

https://www.gov.uk/guidance/immigration ... ly-members

319D. Period and conditions of grant
(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant or Appendix W Worker, or
(ii) If the Relevant Points-Based System Migrant or Appendix W Worker has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or where the Relevant Points-Based System Migrant or Appendix W Worker has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.