PBS Dependant (leave to remain) via Tier 1 entrepreneur route Spouse + Child Application Queries

[DependantPBS]

I'm Sai, residing in the UK, planning to apply for PBS Dependants (leave to remain) via Tier 1 entrepreneur route Spouse + Child Application.

My Husband was on Tier 1 Entrepreneur from July 2014 to Feb 2020 and then he was granted ILR Visa [Feb 2020 to Dec 2024]

PBS Dependant Leave to enter (BRP) 2.01.2019 13.7.2020
UK Entry clearance on passport page 2.01.2019 15.2.2019
Date entered UK 22.01.2019 13.7.2020
PBS Dependant Leave to Remain (BRP) 13.10.2020 13.10.2023

No. of Applicants: Two Dependants : Myself and Child (5 year old)

My Queries are:

1. How many years do we need to pay for the IHS Health surcharge for this extension ?
2. When do we qualify to apply for ILR?
3. Am I eligible to apply for ILR application by varying the existing extension application that will be applied in 13 Oct 2023 to ILR application?
4. If i vary extension application to ILR do i get full refund of application fee + IHS ?

I would be very grateful for your response to these queries. Please let me know if you require further information.

Looking forward to hearing from you.

Thank you
Sai

[marcnath]

1. All renewals are for three years. So IHS for 3 years.
2. 28 days before 22.01.2024 assuming you meet all other conditions. So late Dec.
3. Yes, if your application is not decided before end of December
4. Yes, you should.

[DependantPBS]

Thank you for your immediate response.

2. 28 days before 22.01.2024 assuming you meet all other conditions. So late Dec.

Please advise if it is 28 calendar days before 22.01.2024 or 02.01.2024
I came to the UK on 22.01.2019, But my biometric card validity starts from 02.01.2019.

[marcnath]

Thank you for your immediate response.

2. 28 days before 22.01.2024 assuming you meet all other conditions. So late Dec.

Please advise if it is 28 calendar days before 22.01.2024 or 02.01.2024
I came to the UK on 22.01.2019, But my biometric card validity starts from 02.01.2019.

Sorry I missed that. It is 28 days before 2.1.2024

[DependantPBS]

Hi Gurus,

I'm planning to apply Tier 1 dependant extension application on 12.10.23 (expiring on 13.10.23).

1) Now, if I vary my PBS dependant to ILR set (O) on 07.12.23 (eligible from 05.12.23), and delay the Tier 1 biometrics until after 08.12.23 (45 working days valid until 13.12.23); is there a chance that Tier 1 dep. ext. application becomes invalid due to not submitting biometrics by the time the ILR case worker picks up the application file?

2) Other scenario is if I submit the Tier 1 biometrics on 06.12.23 and then vary to ILR on 07.12.23, will the Tier 1 application fees + IHS surcharge still be refunded fully?
Please advise.

Many Thanks,
Sai

[marcnath]

Hi Gurus,

I'm planning to apply Tier 1 dependant extension application on 12.10.23 (expiring on 13.10.23).

1) Now, if I vary my PBS dependant to ILR set (O) on 07.12.23 (eligible from 05.12.23), and delay the Tier 1 biometrics until after 08.12.23 (45 working days valid until 13.12.23); is there a chance that Tier 1 dep. ext. application becomes invalid due to not submitting biometrics by the time the ILR case worker picks up the application file?

2) Other scenario is if I submit the Tier 1 biometrics on 06.12.23 and then vary to ILR on 07.12.23, will the Tier 1 application fees + IHS surcharge still be refunded fully?
Please advise.

Many Thanks,
Sai

It should not matter whether you vary your application before or after you submit your biometrics. If you vary after, then you probably will have to submit the biometrics again for the ILR application.

[DependantPBS]

Hi Admin,

We are not clear with our ILR qualifying date. We read few of your forums and got confused.
Please can you give us which date we qualify for ILR application.

1. Which date do we qualify to apply for ILR (under 28days prior criteria)?

UK Entry Clearance Visa vignette on Passport shows valid from 16.01.19 to 15.02.19
Entered the UK (physically) on 22/01/2019 and collected BRP from post office on 22/01/2019.
T1 Dependant Initial BRP card shows valid from 02.01.2019 to 13.07.2020
T1 Dependant Extension BRP card shows valid from 13.10.2020 to 13.10.2023

[CR001]

The qualifying period for you and your dependents starts from the date the visa was issued.

So you can apply for ILR within 28 days before the 5th anniversary of the initial visa issue date or the BRP date if it is an earlier date.

[DependantPBS]

Hi Zimba/CR001/Cullinan,

Could you please help me with the following 2 queries:
We've now made Tier 1 Dependant extension application on 12.10.23
Tier 1 Dep. Ext. Biometrics booked for 13.12.23

1. Based on your earlier advise, are we correct in considering ILR qualifying period from 28 days before BRP issue date (02.01.2019) which would make us eligible from 05.12.23?
If so, we're planning to submit ILR set(O) online application on 07.12.23

2. Do we still need to attend Biometrics appointment on 13.12.23 to make previous T1 Dep. Ext. application valid or can we just cancel the 13.12.23 appointment after varying to ILR on 07.12.23? Please advise.

[DependantPBS]

Hi Zimba/CR001/Cullinan,

Could you please help me with the following 2 queries:
We've now made Tier 1 Dependant extension application on 12.10.23
Tier 1 Dep. Ext. Biometrics booked for 13.12.23

BRP card and UK Entry Clearance visa
https://ibb.co/5xYkK61
1. Based on your earlier advise, are we correct in considering ILR qualifying period from 28 days before BRP issue date (02.01.2019) which would make us eligible from 05.12.23?
If so, we're planning to submit ILR set(O) online application on 07.12.23

2. Do we still need to attend Biometrics appointment on 13.12.23 to make previous T1 Dep. Ext. application valid or can we just cancel the 13.12.23 appointment after varying to ILR on 07.12.23? Please advise.

[marcnath]

Hi Zimba/CR001/Cullinan,

Could you please help me with the following 2 queries:
We've now made Tier 1 Dependant extension application on 12.10.23
Tier 1 Dep. Ext. Biometrics booked for 13.12.23

1. Based on your earlier advise, are we correct in considering ILR qualifying period from 28 days before BRP issue date (02.01.2019) which would make us eligible from 05.12.23?
If so, we're planning to submit ILR set(O) online application on 07.12.23

2. Do we still need to attend Biometrics appointment on 13.12.23 to make previous T1 Dep. Ext. application valid or can we just cancel the 13.12.23 appointment after varying to ILR on 07.12.23? Please advise.

Once you submit the ILR application, you will need to apply for Biometrics again. The extension application is automatically invalidated, so there is no point in attending that biometrics appointment

[DependantPBS]

Thanks for your reply.

While filling the ILR Set(O) form (varying from Tier 1 dep. extn.), I have few doubts:
1) Do you have a visa, leave to enter or remain or other permission to be in the UK? - Should I select "yes" or "no" as my last leave expired on 13.10.23 and biometrics period is valid until 14.12.23
2) What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK? - Should I give my Tier 1 dep. ext. expiry date i.e. 13.10.23. ?
3) Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? - Do I need to give the reason that I'm varying from Tier 1 extension to ILR in the reason box which takes 500 characters?

Please help as we need to submit application on 07.12.23

Set(O) application form fields: https://ibb.co/LJ2BkyW

[marcnath]

Thanks for your reply.

While filling the ILR Set(O) form (varying from Tier 1 dep. extn.), I have few doubts:
1) Do you have a visa, leave to enter or remain or other permission to be in the UK? - Should I select "yes" or "no" as my last leave expired on 13.10.23 and biometrics period is valid until 14.12.23

Yes is the answer. You do have a visa. Section 3C means your visa effectively does not expire until a decision is made

2) What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK? - Should I give my Tier 1 dep. ext. expiry date i.e. 13.10.23. ?

Yes, even if it is not exactly correct

3) Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? - Do I need to give the reason that I'm varying from Tier 1 extension to ILR in the reason box which takes 500 characters?

Please help as we need to submit application on 07.12.23

Set(O) application form fields: https://ibb.co/LJ2BkyW

I think you can still go ahead and say Visa not expired, so this becomes not relevant

[DependantPBS]

Thanks for your reply.

2) What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK? - Should I give my Tier 1 dep. ext. expiry date i.e. 13.10.23. ?
Yes, even if it is not exactly correct

If I input the date as 13.10.23, it's automatically showing the 3rd question, so in order to avoid it, is it okay if I input biometrics end date which is 14.12.23 or my ILR application date which is 07.12.23 ?

4. Could you help me with this query as well please:
I'm planning to apply ILR on priority basis (5 days), is it safe if I give biometrics for ILR even after the tier 1 extension biometrics end date which is 14.12.23 or is it better to give between 08.12.23 and 14.12.23 to avoid the risk of Tier 1 extension application getting invalid. (saw somewhere in other posts where Vinny suggested that Application gets invalid without the biometrics)

[zimba]

The immigration health surcharge online system is not smart enough to calculate this automatically. ILR has no expiry date. You should enter a date that is 3 years in the future to get a correct IHS calculation. Otherwise, the system may charge you less and the caseworker has to request you to pay the remaining fees, delaying the application.

For ILR application date: How to apply early and benefit from the date of the ILR decision ?

[DependantPBS]

2) What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK? - Should I give my Tier 1 dep. ext. expiry date i.e. 13.10.23. ?
Marcnath: Yes, even if it is not exactly correct

My query: If I input the date as 13.10.23, it's automatically showing the 3rd question (Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?), so in order to avoid it, is it okay if I input biometrics end date which is 14.12.23 or my ILR application date which is 07.12.23 ?

4. Could you help me with this query regarding Biometrics as well please:
I'm planning to apply ILR on priority basis (5 days), is it safe if I give biometrics for ILR even after the tier 1 extension biometrics end date which is 14.12.23 or is it better to give between 08.12.23 and 14.12.23 to avoid the risk of Tier 1 extension application getting invalid. (saw somewhere in other posts where Vinny suggested that Application gets invalid without the biometrics)

Hi Zimba, thanks for your reply.
But, I'm not sure if the reply is related to my above 2 queries. Can you please check.

[DependantPBS]

Thank you Marcnath/CR001/Zimba for all your help and support.
Our Application for indefinite leave to remain in the UK has been successful.

Application Type: Priority
Application submitted online: 07/12/2023 14:30
Biometrics appointment: 12/12/2023 (Paid £280) 9:00 AM
Acknowledgement email: 12/12/2023 10:20 AM
Request for further info/documents: N/A
Approval Received: 13/12/2023 13:50
BRP Card Received: Waiting

[marcnath]

Thank you Marcnath/CR001/Zimba for all your help and support.
Our Application for indefinite leave to remain in the UK has been successful.

Application Type: Priority
Application submitted online: 07/12/2023 14:30
Biometrics appointment: 12/12/2023 (Paid £280) 9:00 AM
Acknowledgement email: 12/12/2023 10:20 AM
Request for further info/documents: N/A
Approval Received: 13/12/2023 13:50
BRP Card Received: Waiting

Congrats

[DependantPBS]

Hi Admins,

Does the refund of previous varied PBS application fee and IHS surcharge happen automatically or do we need to contact them to request the refund?
If the refund doesn't happen automatically, is there any contact details that we can try them?
Please advise.

[zimba]

Hi Admins,

Does the refund of previous varied PBS application fee and IHS surcharge happen automatically or do we need to contact them to request the refund?
If the refund doesn't happen automatically, is there any contact details that we can try them?
Please advise.

It is often automatic. See below

Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service