PBS Dependent Visa Application - Decision Pending - Variation to FLR(M)

[bokishai]

Hello All,
Hope all of you are doing well.

I am looking for some assistance and advice with regards to my wife’s PBS Dependent Visa extension.

I was granted ILR on 27th FEB2019 through Tier 2 general - 5 Years continuous stay.
My wife is currently on ‘PBS Dependent' visa and her first dependent visa was issued on 07th APR2016 and she first arrived into the UK on 19th APR 2016.
Her current visa details are as follows:
Issue Date: 07 APR 2016
Expiry Date: 24 APR 2019
Type: PBS Dependent (Leave to Enter)

My COS before I moved to ILR was having an end date of 16-JAN-2019, which was more than 3 years (based on my visa issue date 10-NOV-2015.

There was a question on the PBS extension visa application form which was:
What is the length of Mr Sxxxxxxx Certificate of Sponsorship (CoS)?
My answer was: more than 3 years (based on my last COS)

I paid the IHS fees which were £1200 based on the end date I entered 3 years from my ILR visa date.

However, the actual visa fees UKVI charged me was £1427.20 whereas the website clearly says £704.

Am I been charged incorrectly?
If yes, can I apply or ask for a refund? If yes, then where/whom can I contact them?
If not, then will there be an issue with my application?

Appreciate if you can please help me...

Thanks in advance.

Best Regards,

[CR001]

Your dependent will only get a 3 year extension.

Not sure if you will get a refund of the fee difference.

[bokishai]

Hello CR001,

I was very surprised to see the visa fees £1427.20.

What do you suggest would be a correct action now?
Can we call UKVI?

thanks

[CR001]

Perhaps wait for the outcome of the application and then see if you get an automatic refund and if not, then request it.

[gag285]

I doubt they will issue a refund. This particular case where a dependent visa is applied while the main applicant's remaining visa length is less than 3 years or like in your case extension based on last leave is ambiguous in terms of fee charged. They state it is issued in line with the main applicant but in reality it is given for the length of the remaining main applicant's leave. The fee should be based on the length of leave given which may or may not be more than 3 years. I have seen some responses where people in fact chose less than 3 years for main applicant (although their own leave was for more than 3 years at the time) and got the visa successfully.

[CR001]

I doubt they will issue a refund. This particular case where a dependent visa is applied while the main applicant's remaining visa length is less than 3 years or like in your case extension based on last leave is ambiguous in terms of fee charged. They state it is issued in line with the main applicant but in reality it is given for the length of the remaining main applicant's leave. The fee should be based on the length of leave given which may or may not be more than 3 years. I have seen some responses where people in fact chose less than 3 years for main applicant (although their own leave was for more than 3 years at the time) and got the visa successfully.

The op has ILR already and only applying for the dependent extension, which is a 3 year extension as stated in the immigration rules.

[gag285]

I doubt they will issue a refund. This particular case where a dependent visa is applied while the main applicant's remaining visa length is less than 3 years or like in your case extension based on last leave is ambiguous in terms of fee charged. They state it is issued in line with the main applicant but in reality it is given for the length of the remaining main applicant's leave. The fee should be based on the length of leave given which may or may not be more than 3 years. I have seen some responses where people in fact chose less than 3 years for main applicant (although their own leave was for more than 3 years at the time) and got the visa successfully.

The op has ILR already and only applying for the dependent extension, which is a 3 year extension as stated in the immigration rules.

But aren't they applying for the extension of the dependents previous leave which was based on their own Tier 2

[CR001]

I doubt they will issue a refund. This particular case where a dependent visa is applied while the main applicant's remaining visa length is less than 3 years or like in your case extension based on last leave is ambiguous in terms of fee charged. They state it is issued in line with the main applicant but in reality it is given for the length of the remaining main applicant's leave. The fee should be based on the length of leave given which may or may not be more than 3 years. I have seen some responses where people in fact chose less than 3 years for main applicant (although their own leave was for more than 3 years at the time) and got the visa successfully.

The op has ILR already and only applying for the dependent extension, which is a 3 year extension as stated in the immigration rules.

But aren't they applying for the extension of the dependents previous leave which was based on their own Tier 2

Yes, but regardless of what the length of the previous CoS was, a PBS dependent will only gets a 3 year extension if the main applicant already has ILR or BC.

[gag285]

Ok sure. Not familiar with ILR affecting extension lengths. I stand corrected!

[bokishai]

Hello All,

Hope you are doing good.
I am looking for some assistance and advice with regards to my wife’s PBS Dependent Visa.

I was granted ILR on 27th FEB2019 through Tier 2 general - 5 Years continuous stay.
My wife was on ‘PBS Dependent' visa and her first dependent visa expired on 24th APR2019 and we had applied for her PBS Dependent Visa extension via my Tier2 route.

We had submitted all the documents but the home office has come back asking for bank statements around between certain dates. I understand that I probably have a shortfall around the £630 maintenance clause and most certain that her visa would be rejected.

Hence, I wanted to have some assistance and looking for the answers to the following questions:
1) In the event, the visa is rejected, how much time does the home office give the candidate to leave the UK?
2) In the event, the visa is rejected, can I apply for her visa as ILR Dependant immediately post the rejection?
3) If I apply for her visa under ILR Dependant category, will this PBS Dependent extension visa rejection cause any issue (considering that the PBS visa was rejected for non-maintenance of £630)?

I would really appreciate your answers and any assistance with regards to the above.

Thanks in advance.

Kind Regards,
Boki

[CR001]

1. Usually 14 days to make another application, i.e. FLR(M) spouse visa, resetting her clock to zero and a new 5 year route to ILR.

2. Yes.

3. No. Different visas and different rules and requirements.

[bokishai]

Hello CR,

Many thanks for your prompt response.

Yes, I am aware that the clock would be set to zero.

Do I need to keep anything in my mind as part of the FLR(M) spouse visa application taking into view the current visa application rejection?

Thanks once again, I really appreciate your prompt assistance.

Kind Regards,
Boki

[CR001]

Do I need to keep anything in my mind as part of the FLR(M) spouse visa application taking into view the current visa application rejection?

She needs English A1 test, a UK degree or UK NARIC Red Route ELA and comparable assessment if a foreign degree. You must meet the £18,600pa financial requirement with a minimum of 6 months payslips and bank statements.

How much short are you on maintenance funds??

[bokishai]

I am not very sure of how much short are we on maintenance?

You must meet the £18,600pa financial requirement with a minimum of 6 months payslips and bank statements. - You mean my salary requirement, right? If yes, I meet the requirement and U have the payslips and bank statements to support it.

My wife is from Serbia (EU) but not a country from EEA, so can you please help me understand the requirements around "English A1 test, a UK degree or UK NARIC Red Route ELA and comparable assessment if a foreign degree"

Thanks,
Boki

[CR001]

https://www.gov.uk/uk-family-visa/knowledge-of-english

[bokishai]

Hello,

I was filling up the online FLR(M)form and there is the below part:
"Evidence for not applying before expiration:Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? (Required)
For example, you were in hospital or had a death in your immediate family. You will have to prove your exceptional situation if you answer 'Yes'."

As I had applied for the PBS dependent visa extension which was rejected, can I give the same reasoning and provide the rejection letter as the evidence?

Thanks,
Sachin

[CR001]

If the PBS Dependent visa was refused (this is different to a rejection) for not meeting the maintenance requirement, she has 14 days to submit a new application.

The piece you quote is relevant to making an out of time extension application due to exceptional compassionate reasons.

[bokishai]

So, I should just answer it as NO?

[bokishai]

Hello All,

Hope you are doing good.

We have a situation with regards to our PBS Dependent Extension (via tier2)application. We applied for the extension on 26MAR2019 and we got an email from the home office asking for additional bank statement stating for the required evidence in line with the immigration rules (£630 Maintenance) for a PBS dependant.

We probably have a shortfall on the maintenance evidence which needs to be provided and we are almost certain that the visa extension would be refused. We have to provide the same by 14 MAY 2019.

We have gone through the immigration board and came across something called "Variation"

Hence, can anyone please advise can we vary the current PBS Dependent Extension visa application (for which we are awaiting the result) and apply for FLR(M) knowing the fact that the clock would be set to Zero?

Appreciate any assistance on this.

Kind Regards,
SB

[bokishai]

Dear CR001,

My apologies for the mistake of a new ID.
I am very stressed about my wife's visa so did the mistake.

Hope you can understand.

Thanks,
SB

[CR001]

What was the date range of the bank statements you submitted for maintenance funds?

What was the balance for the whole 90 days?