Tier 2 dependant extension when spouse is on ILR

[ronnyd]

Hello,
My wife is currently on a Tier 2 Dependant visa and is looking to apply for extension this month. We need advice on a few questions with regards to her application. Could you please help us with these? Please see the below details of her current visa situation and our questions :
Current visa situation :
She arrived in the UK in Oct 2015 as a dependant on my Tier 2 General visa which was valid until May 2016 (1st Tier 2). Following this myself and my wife applied for an extension together in the UK and received visa which is valid until May 2019 (2nd Tier 2). In April 2018 I obtained ILR (valid until Dec 2024) based on 5-year route but my wife is still on Tier 2 dependant as she hasn’t completed the 5 year qualifying period for ILR. Even though my wife’s visa is expiring in May 2019, she is planning to apply for an extension this month as we have a couple of travel plans outside UK early next year for some important personal reason which we cannot change.
I have below questions regarding her visa extension, can you please help :
- As she will be applying for extension around 5.5 months before her visa expiry (May 2019), I would like to understand if there are any restrictions on how early she can apply before her current visa expiry date?
I had a look at the UKVI guidance and other threads on this forum but did not come across any restrictions. Please correct me if I’m wrong, but my understanding is that she can apply anytime before her visa expiry date (no restrictions) and will receive an extension of 3 years irrespective of when the application is made.
- Regarding the type of application, my understanding from reading the other the threads in the forum is that PBS extension is the best option which will take her to the qualifying period for ILR (Oct 2020). The only other option is FLR (M) which would reset her clock for ILR to 0. Could you please confirm my understanding is correct and PBS dependant extension would be the best option for her ?
- Could you please advise on the documents required to support this application ?
- Could you please share the link to the correct application form and fee structure?
- As my ILR is valid until Dec 2020, will she have to pay NHS surcharge for 6 years ? or is there an option to pay this for only 3 years which would be the duration of her extension ?
Apologies for the lengthy request. I would be very grateful if you could please help me with the above.
Thank you

[ronnyd]

Can someone help me with this request please ? We are planning to apply in a weeks time, any help with the above queries would be highly appreciated.

[CR001]

- As she will be applying for extension around 5.5 months before her visa expiry (May 2019), I would like to understand if there are any restrictions on how early she can apply before her current visa expiry date?
I had a look at the UKVI guidance and other threads on this forum but did not come across any restrictions. Please correct me if I’m wrong, but my understanding is that she can apply anytime before her visa expiry date (no restrictions) and will receive an extension of 3 years irrespective of when the application is made.

She can apply at any time. It will be a 3 year extension from the date of approval of the extension application.

- Regarding the type of application, my understanding from reading the other the threads in the forum is that PBS extension is the best option which will take her to the qualifying period for ILR (Oct 2020). The only other option is FLR (M) which would reset her clock for ILR to 0. Could you please confirm my understanding is correct and PBS dependant extension would be the best option for her ?

Yes, PBS Dependent extension provided you got ILR through 5 years PBS route and not 10 years long residence.

- Could you please advise on the documents required to support this application ?

Maintenance funds for 90 days, 2 years cohabitation documents, etc. The online form will tell you what you require.

- Could you please share the link to the correct application form and fee structure?

£600 for IHS (doubling in price soon) plus the £704 visa fee and whatever option you choose to apply through the new system.

https://visas-immigration.service.gov.u ... nt-partner
uk-tier-2-employer-sponsored-visas/new- ... 67055.html
https://www.ukvcas.co.uk/home-internal

- As my ILR is valid until Dec 2020, will she have to pay NHS surcharge for 6 years ? or is there an option to pay this for only 3 years which would be the duration of her extension ?

She only pays for 3 years as she will only get a 3 year extension. Do you mean your ILR expires in December 2024 or 2020???

[ronnyd]

Yes its my mistake, you are right my ilr is valid until 2024, not 2020. Thanks a lot for your help CR001, much appreciated

[ronnyd]

Just a quick question regarding the point you made on NHS health surcharge - do you know when this will be increased ?

[CR001]

Just a quick question regarding the point you made on NHS health surcharge - do you know when this will be increased ?

No, but likely within the next month.

[CR001]

Yes its my mistake, you are right my ilr is valid until 2024, not 2020. Thanks a lot for your help CR001, much appreciated

Put your ILR expiry date as 3 years from now to get the correct IHS for dependent.

[ronnyd]

Thank you