PBS dependent stayed 4 years

[chakings22]

Dear,

I have just submitted my ILR application (Tier 2 General) after completing 5 years. My spouse and kids came to the UK a year later. They are completing 4 years and their visa expires on the same day as my current Tier 2 General visa (7th June 2020). I am not sure under which visa category to extend their visa. My ILR decision itself will be delayed as I submitted yesterday in standard mode. How they can live lawfully in this country? Even if the home office extends their visa automatically for a few more days as it has done, what if I don't get my decision before their LTR. To summarise, I have three questions:

1) What visa should I apply for my dependents for their continued stay?

2) Can I apply for their visa when my ILR decision is not available?

3) When they will qualify for ILR having stayed as PBS dependant for 4 year?

Please apologize if I haven't posted the query under the right category.

Thank you, moderators, for your kind help to many.


Regards,
CRV

[CR001]

1. Tier 2 Dependent extension. It will be a 3 year extension.

2. Yes.

3. Depends on the date their initial visa was issued. They need 5 years on tier 2 dependent to qualify for ILR.

[chakings22]

Thank you so much CR001.

You said they have to apply for 3 years extension. But, they will be as Tier 2 dependants for 7 yrs. I think the maximum is 6 years. Sorry for my ignorance. Can they just ask for just 1 year?

If they have to apply for a 3 yr extension, NHS alone will cost £3600 for 3 dependants. Will this money be refunded if they apply for ILR next year as they will have completed 5 years then.

Thank you and wish you a happy weekend!

Regards,
CRV

[CR001]

You said they have to apply for 3 years extension. But, they will be as Tier 2 dependants for 7 yrs. I think the maximum is 6 years. Sorry for my ignorance.

There is NO 'maximum 6 years' for PBS Dependents. The 6 year limit applies ONLY to the main Tier 2 General visa holder.

Can they just ask for just 1 year?

No you can't. The Immigration Rules states that it will be a 3 year extension. There is no discretion on this.

If they have to apply for a 3 yr extension, NHS alone will cost £3600 for 3 dependants. Will this money be refunded if they apply for ILR next year as they will have completed 5 years then.

You do not get the IHS fees refunded when they apply for ILR. Are you children all born abroad??

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:
your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[Rambo_ILR]

Max 6 years visa is only for Main Applicant, within this period the main applicant shall apply for ILR if eligible. However this does't apply for Tier 2 Dependant's, you can extend further under Tier 2 Dependant or apply for ILR after completion of 5 years residence requirement.

Its up to you, you shall request for visa to be issued only for one year and pay less NHS fee or extend for full 3 years or 5 years route still. But you will not get NHS refund.

[chakings22]

You said they have to apply for 3 years extension. But, they will be as Tier 2 dependants for 7 yrs. I think the maximum is 6 years. Sorry for my ignorance.

There is NO 'maximum 6 years' for PBS Dependents. The 6 year limit applies ONLY to the main Tier 2 General visa holder.

Can they just ask for just 1 year?

No you can't. The Immigration Rules states that it will be a 3 year extension. There is no discretion on this.

If they have to apply for a 3 yr extension, NHS alone will cost £3600 for 3 dependants. Will this money be refunded if they apply for ILR next year as they will have completed 5 years then.

You do not get the IHS fees refunded when they apply for ILR. Are you children all born abroad??


https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:
your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

Yes CR001, they born abroad. So I won't get any?

[CR001]

No refund unfortunately.