ILR and Dependent ( really confused pls help )

[scorpio_besal]

Dear Members of IMB wish you all the very happy new year and I hope every one is doing good.

I have been thinking about the following and want your suggestion.


I am due to ILR on the 12 of Mar 2016 and I am planning to go for postal application

And here is my situtaion.

To spend some time with family and friends , and to avoid the high application fee in the UK , as in UK application fee is around £1700 for T1 G Dep but out side the UK T1 G Dep visa is around £1000 hence I have decided that my partner and my 2 year old daughter are going back home country on the 12 of Mar (T1 G Dep) and they would apply for extention as T1 G dependent from out side the UK

Question that i have in my mind is

a) Can they apply for the T1 G Dep extension from outside the country while my ILR application is still in process (postal application can take few months) , if they can apply, would they need to mention that on the application.

b) If they have to wait till I get my ILR , would that affect their 5 year cont stay clock.

c) I have heared that their is a new thing called IHS (immigration health surcharge), when they got the intial T1 G Dep visa in 2013, it was not there. Would they have to pay IHS when they would apply for the T1 G Dep visa from outside the country.

d) Since I am going for ILR I would not have to show maintaince funds but for my partner and the little one , I think they would still have to show sufficient funds in the account when they would apply for T1 G dep visa extension. Hence i have put £1500 in my bank account since 1 Oct 2015. I hope £1500 would be enough to suffice the requirement for my two dependants.



Any help would be appriciated.

Thanks

[CR001]

I will answer what I can for you.

a) You cannot apply to 'extend' a visa if you are not in the UK. They would be applying for a new entry clearance visa which could reset their clock towards ILR to zero. If your visa expires while you wait for ILR, unlikely they will be granted a Tier 1 G Dep outside the UK. Will be fine if they are extending within the UK.

b) If they apply WITHIN the UK to extend their Tier 1 G dependent, it will not affect their 5 year clock.

c) Yes, immigration health surcharge is payable for all visa extension or new entry clearance visas. £200 per year per person. A 3 year Tier 1 G dependent visa will be £600 each immigration health surcharge. It is payable whether they extend in the UK or apply from outside the UK. It came into effect in April 2015.

d) I am not sure.

Where was your child born?

[scorpio_besal]

Thanks for your reply, much appreciate it. To answer your question, my child was born outside the UK.

I did know the T1 G Dep extensions are not allowed from outside the UK, thats not good.

I dont understand UKBA's logic of not allowing T1 G Dep to apply for extension outside the country.

[scorpio_besal]

Since as you mentioned that I have to apply for their extension within the UK , as I am using postal service for ILR and would be using the same for my dependents in the UK. But I have noticed the address is different for the two applications.

Since both the applications (ILR and T1 G Dep extension) have to be sent to two different address,
what would I need to mention on my dependents application so that UKBA dont refuse it.


For ILR:
============================
Home Office
SET(O)
Indefinite Leave to remain
PO Box 591
Durham
DH1 9FS

For PBS Dependant Extension:
============================
Home Office
Tier 1 Dependants
PO Box 496
Durham
DH99 1WQ

[CR001]

When do all the visas expire?

[scorpio_besal]

Our (Me, my partner and child) visa will expire on the same date 12-3-16.

One quick question , if you don't mind.

Is it true, if you are in ILR then dependent of settled person (not as T1 G Dep) applying outside the UK don't have to pay IHS fee.

[CR001]

The simplest answer is that they should apply to extend in the UK.

Fees are going up in April. See the indicative list HO is proposing here (click)

Once you factor in the cost of airfare etc, you would need to make an informed decision. IHS is payable whichever way your family applies.

[scorpio_besal]

Thanks for taking your time to answer my questions, much appreciated.

[scorpio_besal]

If you read page Number 29 - [ILRcont_periods_v12.0_EXT.pdf] for Continuation of lawful leave during absences from the UK.

If the applicant’s leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant’s continuous period is not broken.

[CR001]

If you are applying for ILR by post, this will create a problem for them. They cannot apply for an extension if your Tier 1 G visa expires at the same time as theirs and you do not have ILR. For their existing leave to 'continue' if applying by post, they would have to apply in the UK.

[vinny]

If you read page Number 29 - [ILRcont_periods_v12.0_EXT.pdf] for Continuation of lawful leave during absences from the UK.

If the applicant’s leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant’s continuous period is not broken.

Pages 2 and 3 of the Document lists the categories of leave applicable. Note that they do not include dependant categories.