Dependent visa extension when spouse has ILR

[sky08081983]

Hi All,

I am looking for some guidance regarding my wife's dependent visa extension application.
I came to the UK in July 2017 on a Tier 2 General Migrant Visa and got my ILR in June 2022.

My wife first came to the UK on a dependent Visa in May 2021, which was valid till July 2022.
As per her initial visa application, her Visa type was 'PBS, Start-up, Innovator or Global Talent – Partner visa'.

When I applied for ILR in July 2022, she also applied for another dependent visa of 3 years.
She was granted PBS dependent status in September 2022 and that dependent visa is going to expire this September.
She will complete 5 years in the UK in May 2026.

For her dependent Visa extension, we are applying using this link
https://apply-to-visit-or-stay-in-the-u ... anner=true

Please kindly suggest how should we answer the following questions from 'People applying with you' and 'Partner application details' sections.
- Does xxxx already have their Skilled worker visa?
- Do you know xxxxx visa end date?
- Do you have xxxxx UAN?
- Does xxxxx have a Certificate of Sponsorship (CoS) number?
- When does xxxxx expect to start work in the UK?
- What is the length of visa xxxxx is applying for?

5 out of those 6 questions do not make sense as I already have ILR.
There seems to be no way to avoid the aforementioned questions. My wife has to provide my details in 'Partner relationship details' section.

I have the UAN number of my ILR application. But Certificate of Sponsorship (CoS) is no longer valid.

If I enter the original Tier 2 start date of July 2017 as an answer to the question 'When does xxxxxxx expect to start work in the UK', we are asked to pay the IHS of 5 years which comes to ~£5K.

There are 2 answers allowed for the question 'What is the length of visa xxxxxx is applying for', either less than 3 years or more more than 3 years.

We will certainly provide all the clarifications and explanations in the Cover letter about our case, but how can we avoid paying the IHS of £5K up front when she technically needs an extension of 9 months only to become eligible for ILR. We understand we would have to minimum pay the IHS for 3 years regardless of how many months are left to complete 5 years in the UK.

Can we apply for an extension through the Further Leave to remain FLR(M) route to avoid all the CoS related questions ?
But would that reset her qualifying period from ILR perspective ?

The following point mentioned on GOV UK website suggests that the qualifying period may not get reset, https://www.gov.uk/indefinite-leave-to- ... ly-members
'Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).'

Would the following combination count towards continuous residence of 5 years for the purposes of an ILR application.
1 year on 'PBS, Start-up, Innovator or Global Talent – Partner visa'
+
~3 years on 'PBS Dependant partner'
+
~1 year on 'Further Leave to remain' FLR(M)


Please kindly provide us some guidance.

Best regards