PBS dependent Visa extension

[kaimala]

Hi All,

I have got my ILR in Apr 2019 and my spouse and child are in tier 2 general dependent visa till 2020 May.
They will be eligible for ILR only by 2020 June (short of less than a month time for ILR)

Have couple of queries
1)Can we all travel outside of UK with their Tier 2 gen dependent visas or do they both need to apply and be my ILR dependent? We have our tickets done for October, we assumed it was ok to travel
2)If the answer is yes to the above question; when can they apply for an extension of their current PBS dependent? Is it possible to apply as early as February?
3)If the answer is No to the 1st question; which visa should we apply for them?

(You guys had really helped me in the run up to my ILR; many thanks for the same again )

Thanks & Regards

[CR001]

1. Yes their visas remain valid as you got ilr based on tier 2 and not 10 years long residence.

2. Apply whenever provided you meet the maintenance funds requirements for 90 days. It will be a 3 year extension.

What was their initial visa issue date?

[kaimala]

Thank you CR001 Glad to know
I think they would get an extension only till June 2021, as they first Tier 2 gen dependent was issued on May 2015 and they first entered UK on June 2015. Is that wrong?
They are eligible of ILR by June 2020 and we plan to apply then.

Also -Maintenance funds should be in my account isnt it?

[CR001]

I think they would get an extension only till June 2021,

If you apply for a dependent extension, it is a 3 years extension as stated in the immigration rules part 8, regardless of how much time is needed to get ILR. The 6 year tier 2 cap does NOT apply to tier 2 dependents.

as they first Tier 2 gen dependent was issued on May 2015 and they first entered UK on June 2015. Is that wrong?
They are eligible of ILR by June 2020 and we plan to apply then.

Their qualifying period starts from the date the initial visa was issued and not the date of entry to the UK. You have not stated what date their visas expire.

Also -Maintenance funds should be in my account isnt it?

Either adults account.

[kaimala]

Hi CR001,

Sorry. Their first visa was issued on 21st May 2015 and the current one expires by 3rd May 2020.

Can they apply 28 days prior like us? or they have to wait till 21st may 2020?

[CR001]

Hi CR001,

Sorry. Their first visa was issued on 21st May 2015 and the current one expires by 3rd May 2020.

Can they apply 28 days prior like us? or they have to wait till 21st may 2020?

They can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date, so no sooner than 23rd April 2020.

https://www.timeanddate.com/date/datead ... ad=28&rec=

[kaimala]

Hi CR001,

Sorry. Their first visa was issued on 21st May 2015 and the current one expires by 3rd May 2020.

Can they apply 28 days prior like us? or they have to wait till 21st may 2020?

They can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date, so no sooner than 23rd April 2020.

https://www.timeanddate.com/date/datead ... ad=28&rec=

Sorry for the late reply CR001, I am a bit confused now.

I did check couple of years ago and found that my spouse and child can only apply only after 5 years -28 days from the date of Entry to UK.
Has the rule been changed since?

I will share the actual Details below. Kindly update
Details:
Visa issue date for spouse & child: 21/05/2015 (As stamped on the VISA in their passports)
Visa issue date for spouse in the BRP issued(first VISA): 21/05/2015
Visa issue date for child in BRP issued(first VISA): 26/05/2015
(Not sure why they are different; they applied on same day)
Date of entry in UK:12/06/2015
We all got visa extended after 3 years
2nd Visa issue Date for all of us: 09/05/2017
New Visa expiry for all of us : 04/05/2020
(Mine was cut and mailed back to Home Office after I received my ILR BRP)

Now could you kindly share which date can they apply for ILR
(Apologies I am pretty sure I saw some post and assumed they do not have the 'Date of issue' as the Start date but 'Date of UK entry' as they are my dependants)

Many Thanks in advance

[CR001]

The rules changed in January 2018 and it now counts from visa issue date.

[kaimala]

Oh! thats a real relief!
We saved a lot of money due to this.
Could you kindly help with one more thing.

We have a travel scheduled for April 2020 for an unavoidable family function and we should be back by 18-20 April. Since the Visa is expiring on 04th May, will there be an issue at port of Entry? It is less than a month to the Visa expiry

(We were assuming we had to renew the Dependent Visa before we travel just to be on safer side, but now we wont be eligible for ILR at start of month and hence cannot apply before travel)

[CR001]

She is free to travel and return as long as she has a valid visa.

[kaimala]

Many thanks CR001

[kaimala]

Hi Gurus/CR001,

I have a follow up query regarding my spouse's visa extension. We are trying to secure a mortgage for a house and realised that just 6 months in my spouse's Visa does not secure us the same with any lenders.
Our options are 1) either wait till April 2020 -> get ILR -> then get mortgage. OR 2) extend the visa now--> get mortgage. (Am sure the properties we like right now would be long gone by April and my salary alone cannot get a good house in our area )


Could we kindly get some help regarding the details of extension if we are doing it right now

1) Which would be the Visa type we should apply for when we extend--> is it FLR(M) as my dependent or tier 2 dependent Visa can be extended?
2) Can we extend the dependent visa for 3 or more years or is it lesser?

I am updating my spouse details below again

Visa issue date for spouse & child: 21/05/2015 (As stamped on the VISA in their passports)
Visa issue date for spouse in the BRP issued(first VISA): 21/05/2015
Visa issue date for child in BRP issued(first VISA): 26/05/2015
(Not sure why they are different; they applied on same day)
Date of entry in UK:12/06/2015
We all got visa extended after 3 years
2nd Visa issue Date for all of us: 09/05/2017
New Visa expiry for all of us : 04/05/2020

Kindly help.

Thanks & Regards,

[CR001]

1) Which would be the Visa type we should apply for when we extend--> is it FLR(M) as my dependent or tier 2 dependent Visa can be extended?

Tier 2/PBS Dependent, as already advised.

2) Can we extend the dependent visa for 3 or more years or is it lesser?

It is a 3 year extension as clearly stated in the Immigration rules. You cannot ask for more or for less time.

[kaimala]

Many Thanks CR001

[kaimala]

There is just one more query please
Does that extension need an English language requirements certificate? We were never asked for the language requirements while applying for previous extension. However the first line in guidance mentions about missing English language requirements.

[CR001]

Does that extension need an English language requirements certificate?

No. PBS Dependents do NOT have to meet the English requirement.

We were never asked for the language requirements while applying for previous extension. However the first line in guidance mentions about missing English language requirements.

Which guidance are you referring to exactly??

[kaimala]

Thanks a lot once again CR001.
The guidance i looked at was https://assets.publishing.service.gov.u ... 3-2019.pdf
there, it was shown as the first example (Documents required section). I guess I am stressing unnecessarily.

Many thanks for your kind help. I cant start to tell you how much you have helped me in this ordeal

[CR001]

You are overthinking. It is an example HO has used.

PBS Dependants do NOT need to meet any English requirement.

[kaimala]

HI Gurus,

I have an ILR via the Tier 2 General Route. My spouse and child who arrived later than me, are still on Tier 2 general Dependents with Visa expiring in first week May 2020. They are eligible for ILR by April 2020. However we have to travel urgently by end of April for a family function (Almost the same time Visa is expiring). Due to this, we need to extend their Visas urgently (It is a lot of money, but we have no other option)
I just wanted a confirmation on whether I am using the right route below.
Planning to apply using the below link. Kindly reply (I have seen a similar query in the past, however cannot place it now)

https://visas-immigration.service.gov.u ... 1577545260

Kindly help

Thanks & Regards

[CR001]

Yes it is the correct link,it will be a three year extension.

I hope you have maintained the £630 per dependent for 90 days minimum.

[kaimala]

Hi CR001,

Thank you for merging the posts, i was finding it hard to get this conversation from 2019.
Yes, i have sufficient funds for the maintenance for 90 days.
Isnt that the only requirement needed for this? (Other than my documents, their photos etc)

Thanks & Regards

[CR001]

Maintenance funds, 2 years evidence of cohabitation in both your names from 3 to 6 sources, passports, your ilr brp etc.

[kaimala]

Hi CR001,

Sorry to come back to you again on this topic. We have filled the applicaton form for both my dependents for extension and finally it got to IHS page. There it asked for my visa validity and i gave my ILR expiry date. The system auto-calculated the IHS & it showed IHS as 2000 per person, and that makes it 4000£ just for IHS
We assumed IHS to be 1200 per person (200*3years). So in effect it would've been 2400£, instead we have to pay 4000£

In all honesty, this VISA extension is to cover for a very short number of days(nearly 15 days) and to travel during the time. We end up paying nearly 7000£ for 2 Visa extensions (Visa fees 770; IHS 2000 & Priority appointment 800)

I read someone mentioned about the refunding of IHS fees.We plan to apply for ILR in May 2020 itself. Is there a way we can reclaim the remaining 3200 (400 per person per year) after we receive the ILR, or is it just money gone completely.

We have put off applying just because of the massive amount of money to be paid due to the IHS

Could you kindly advice.

Thanks & Regards,

[CR001]

Ilr expiry date should have been put as 3 years from now, ie day month 2023 to get the correct IHS fee.

You also could have simply travelled and applied for ilr when you returned before visa expiry. I already advised about this.

She is free to travel and return as long as she has a valid visa.

[kaimala]

Thanks CR001.
Yes, you did tell me to take that route. Unfortunatley, travel dates are past expiry that we do not have an option.

Documents we are planning to submit:
Council tax statements covering 2 years (common)
Utility bill for last year alone (Common)
Bank statements across diff dates in the past 2 years (Separate)
HMRC letters across diff dates in the past 2 years s (separate).

Hope that is sufficient to prove co-habitation

Thanks & Regards