Tier 1 Dependant extension at the same time as main applicant applying for ILR

[adnaan_23]

Hi,

I am currently on a Tier 1 (Entrepreneur) visa and will soon be applying for ILR based on the 5 year route. My spouse has been in the UK for around 3.5 years as a Tier 1 dependant. After reading through this very informative and helpful thread: immigration-for-family-members/dependan ... 14832.html I understand that the best option for my spouse is to extend the current Tier 1 dependant visa rather than switch to FLR (M) and reset the 5 year clock.

My query is how do I go about the dependant extension application as we both will be applying at the same time? I believe I cannot include the dependant application as part of my ILR application since it's a different route. So should we submit a separate application for a PBS Dependant extension (https://visas-immigration.service.gov.u ... nt-partner) at the same time as I submit my ILR application? If so, would I need to clarify this to UKVI with a covering letter?

Part of the guidance for the PBS dependant states "You should use this service if you are applying after the main applicant has already submitted their application or been granted leave in one of these categories.", hence I'm a bit confused as to whether this is the correct option since the dependant will actually be applying at the same time as the main applicant.

Any advice or guidance will be much appreciated.

Thanks

[CR001]

Topic moved to the Tier 1 Ent sub forum.

What date do both your visas expire??

[adnaan_23]

Topic moved to the Tier 1 Ent sub forum.

What date do both your visas expire??

Sorry I wasn't sure whether to post it in the T1 Ent forum or family immigration forum.

Both our visas expire on the same date, end of February.

[CR001]

Presumably it is February this year.

You would both need to do your separate applications and for her PBS Dependent extension, you will need to write a covering letter asking HO to hold her application until your ILR is decided.

If your ILR fails, her extension application will also fail.

She must pay IHS for 3 years, as that is the duration of the extension she will get. IHS doubled last month, so for 3 years it is £1200.

[adnaan_23]

Presumably it is February this year.

You would both need to do your separate applications and for her PBS Dependent extension, you will need to write a covering letter asking HO to hold her application until your ILR is decided.

If your ILR fails, her extension application will also fail.

She must pay IHS for 3 years, as that is the duration of the extension she will get. IHS doubled last month, so for 3 years it is £1200.

Yep the visas expire end of this month.

Great, thanks for the advice.

Ya the IHS is going to be a bit of a wasted expense as she only requires a 1.5 year extension but I assume they would still grant a 3 year visa as standard. They should really do a part refund for such applications if and when the applicant switches to ILR!

[CR001]

Ya the IHS is going to be a bit of a wasted expense as she only requires a 1.5 year extension but I assume they would still grant a 3 year visa as standard. They should really do a part refund for such applications if and when the applicant switches to ILR!

They don't, so don't expect one. The IHS refund page is clear that there is no refund if the applicant applies for ILR.

[Manha]

Hey
I have the same situation last year. I was confuse where to send both file as two of us applying different category.

I applied in same time and send both file including seprate covering letter put in one envelop and send it to ILR department. Home office sort it out. We got it just after 9 week. I got ILR my wife got 3 year dependent visa.

[adnaan_23]

Hey
I have the same situation last year. I was confuse where to send both file as two of us applying different category.

I applied in same time and send both file including seprate covering letter put in one envelop and send it to ILR department. Home office sort it out. We got it just after 9 week. I got ILR my wife got 3 year dependent visa.

Hi Manha

Thank you for the info, makes me more reassured about doing it this way. Also glad to hear your applications were processed so quickly (congratulations btw!), some of the processing times for T1E to ILR seem so long...at least gives me some hope of receiving a reply within a reasonable time, although I know it depends on how the HO assess individual cases.

[Manha]

Yes i was confuse same like you . I ask few solicitor they gave me wrong direction then i ask in this board..Admin Zimba gave me this idea. Ask zimba..

[Manha]

indefinite-leave-to-remain/tier-1-entre ... l#p1617555