PBS dependant visa for ILR partner, IHS Fee question

[vikash23]

HI,
I am applying visa for my wife.
I was on tier 2, 5 years route and received my ILR by March.
Now i need to extend dependant visa for my wife as a tier 2 dependant as she needs to continue on the same visa category to get ILR in another 1.5 years.
My ILR BRP has expiry until 2024.
When applying for iHS fee for my wife, IHS ask for my BRP expiry and calculates my wife IHS fee for 5.5 years.
But she needs only for 1.5 years.
How can this be sorted ?

[seagul]

HI,
I am applying visa for my wife.
I was on tier 2, 5 years route and received my ILR by March.
Now i need to extend dependant visa for my wife as a tier 2 dependant as she needs to continue on the same visa category to get ILR in another 1.5 years.
My ILR BRP has expiry until 2024.
When applying for iHS fee for my wife, IHS ask for my BRP expiry and calculates my wife IHS fee for 5.5 years.
But she needs only for 1.5 years.
How can this be sorted ?

you need to put 3 years as ILR expiry to calculate the correct amount of IHS

[vikash23]

Hi Seagul,

My wife BRP first date of entry says Feb 15 2016.

She is eligible for PR in Feb15 2021

Current tier 2 dependant visa expires octiber 29 2019

So in that case she needs only visa for 1 year 3months and 15 days (PR in Feb15 2021).

why she needs to put 3 years for IHS as she will be paying more ihs fee for additional 1.5 years which she doesn't need.

Can i put 1 year 6 months as expiry to calculate correct IHS fee. ?

[CR001]

Can i put 1 year 6 months as expiry to calculate correct IHS fee. ?

No you cannot. The immigration rules state that a PBS Dependent visa extension will be for 3 years if the main PBS visa holder has ILR or British citizenship. It is not up to you to decide how long you need a visa for etc. The immigration rules dictate what HO must issue, which is a 3 year visa.

If you do not pay the IHS, it will be refused or it will be delayed as HO will ask you to pay the balance.

What was the start date of her initial visa??

[vikash23]

Hi CR001

"What was the start date of her initial visa??"

My wife BRP card first date of entry says Feb 15 2016.

If you say I cannot decide how long the visa is for, then lets take my case where my present company sponsored visa and they asked me what should be the end date they need to put in my tier 2 visa extension and I gave a specific date and they put that date.
My tier 2 BRP got that end date. when I can decide what date my Tier 2 visa can end why I cant decide for my wife ?

Also i see there is no point to spend additional £600 for another 1.5 years where my wife is eligible to get PR in next 1.5

When you say "rules state that a PBS Dependent visa extension will be for 3 years if the main PBS visa holder has ILR or British citizenship" can you please point to a document showing this rule. Many of my friends have no idea about this and it will be helpful for them as well.

Thanks for your help.

[attiliharish05]

Hi Both,

I am also applying the PBS visa for my wife. Do we have anyone in the form who has recently applied.

My Wife qualify for ILR in March 2020 and her current dependent visa is valid until Nov 2019.

Just for 4 months I need to pay the IHS £1200 is not fair. Do we have anyone in the group who has recently applied?

Thanks
Harish

[CR001]

See link and text below from the immigration rules, Part 8 Family of Points Based system workers . The difference between tier 2 length which can be chose and a dependent visa once main PBS migrant has ilr is that a CoS can be issued for any length of time upto 6 years. The same does NOT apply to dependent visas where you can now in your situation choose the length you need. She is not being sponsored by a company.

https://www.gov.uk/guidance/immigration ... ly-members

319D. Period and conditions of grant
(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant or Appendix W Worker, or
(ii) If the Relevant Points-Based System Migrant or Appendix W Worker has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or where the Relevant Points-Based System Migrant or Appendix W Worker has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

[CR001]

Hi Both,

I am also applying the PBS visa for my wife. Do we have anyone in the form who has recently applied.

My Wife qualify for ILR in March 2020 and her current dependent visa is valid until Nov 2019.

Just for 4 months I need to pay the IHS £1200 is not fair. Do we have anyone in the group who has recently applied?

Thanks
Harish

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