include additional depandent while vary an application

[zhongyuan]

Dear All,

I have a couple of questions regarding a tier 2 dependent application I am making. Hope you can give me some help.

1. As far as I understand, the fee for IHS has increased from 400 to 624 per year starting from 27 October 2020, does it mean as long as I pay and get the IHS reference number before this date, I will still be paying the old amount of 400? Or I will be asked to pay an additional 224 per year if the visa decision is made after this date?

2. I have got my ILR and my wife still need to apply for another extension before she is qualified for ILR, and my job code 2136 has become a shorage occupation after my tier2 application (when I made my application, it was still not in a shorage), so in my wife's extension application, should I still put "Yes" or "No" for shorage occupation section? if I put Yes, the visa application fees is lower.

Thank you so much and looking forward to your replies.

[CR001]

1. Yes. And no, you won't be asked to pay more later. Date of application is the date you submit and pay online

2. Either. If UKVI feel you have paid to little, they will likely wrote to you to pay the shortfall.

[zhongyuan]

1. Yes. And no, you won't be asked to pay more later. Date of application is the date you submit and pay online

2. Either. If UKVI feel you have paid to little, they will likely wrote to you to pay the shortfall.

Thank you so much for your quick reply

[zhongyuan]

1. Yes. And no, you won't be asked to pay more later. Date of application is the date you submit and pay online

2. Either. If UKVI feel you have paid to little, they will likely wrote to you to pay the shortfall.

Just another quick question, hope you don't mind answering

until 26th Jan 2021, my wife would have been on the tier2 dependent visa for continuous 5 years, as I understand she could submit the ILR application 28 days earlier, which means she will be qualified for ILR on December 29th 2020 this year, which is only 2 months away from now, if for any reason (like current COVID period), she becomes qualify for ILR before her current visa decision is made, could we withdraw the current application and directly apply for ILR, which will save us 2k. not sure how possible is this.

[CR001]

What date was her initial PBS dependent was issued/granted?

[zhongyuan]

What date was her initial PBS dependent was issued/granted?

Her first PBS dependent was issued on 27 January 2016.

I am just looking for a way to save some costs, she has been applying for tier2 dependent and even paying IHS overlap for a year before, there are only less than 2 months until the qualification of ILR application, isn't there is a way around?

[alex132]

Applying ILR does not need to pay IHS fees

[zhongyuan]

Applying ILR does not need to pay IHS fees

I know, the problem is that we still have one month gap between the current visa expiry date and the qualification date for the ILR application, so got to apply for an new three years visa just to cover the single month, trying to find a work around.

[alex132]

Can you get T2 extension for 1 year first?

[CR001]

Can you get T2 extension for 1 year first?

Did you read the first post at all??? The OP has ILR. Spouse had dependent visa!?

[zhongyuan]

Can you get T2 extension for 1 year first?

Did you read the first post at all??? The OP has ILR. Spouse had dependent visa!?

Dear CR001,

Here is the new update,

I have applied for the tier2 dependent visa online and paid 3 years IHS surcharge and application fees. The website says "Attend an appointment to provide your documents and biometrics by 24 December 2020".

My wife will be qualified for ILR application from 30 December 2020, what if we submit this application right before 24 December, the decision will not be made in 6 days for sure, especially during Christmas break, and according to the rules, as long as we submit application before her current visa expires, he current leave to remain will be extended until the decision is made.

Technically, can't we submit her ILR application as soon as she qualifies and cancels the previous submitted tier 2 dependent visa application? I remembered that when we submit the application, the online form did ask if there is another application have not yet receive decision, then they will use the current application and refund previous one.

Is this possible?

[zhongyuan]

Can you get T2 extension for 1 year first?

Did you read the first post at all??? The OP has ILR. Spouse had dependent visa!?

what I want to ask is that, can I vary my application to ILR if the decision hasn't been made in 6 days (normally it wouldn't) and get refund

[CR001]

Yes.

[zhongyuan]

Yes.

thanks! what if I have submitted all the documents before I started my variation application, is this ok? would the case worker wait for the additional documents to be sent before making the decision or they will not wait?

[zhongyuan]

The date of application is the date you pay and submit your application online. Biometrics date is irrelevant. Visa expiry is irrelevant as long you applied in time i.e. after you qualify and before visa expiry. Your wife is protected by Section 3C and all her visa specific rights will continue till a decision is made. Book for 17/11 or later does not matter. The deadline to submit biometrics is 2 months after date of application.

Dear CULLINAN,

I am in a similar situation but slightly more complicated, do you mind to answer my question?

I have got my ilr, my wife will be completing her 5 years on tier 2 dependent on 27 Jan 2021, but her current visa will expire on 10th Nov 2020 (next month, by that time she has completed 4year and 10month), we have submitted the tier2 dependent extension online application yesterday, the deadline for booking an appointment is 24th December 2020, considering the 28 days rule for ILR, she can technically submit her ILR application on 31st December 2020, if we book an appointment on 23rd December to submit the extension application, when a decision can't be reached on her tier2 extension application by 31December, then can we just go ahead to submit her ILR application to vary the tier2 extension application? do you think HO would accept an ILR variation application with 28 days rule and made during Section 3C leave granted from an existing tier2 dependent extension?

[CULLINAN]

Seems like you have some understanding of the situation already but why did you not apply for her extension on 9th November 2020 to buy time for biometrics till 9th January 2021?!

OR

(A) The best approach would have been to apply for her ILR right away on 9th Nov 2020 (before current visa expiry) and book a biometrics appointment after 31st Dec 2020 so the CW should have taken the date of decision to calculate her continuous residency.

But since you have already done it now, the best you can do is submit her biometrics for extension on 23rd Dec 2020 (you must submit the biometrics for your application to be valid).

You can vary the application to ILR on 31st Dec 2020 then hoping that a decision is not made for extension application before that.

Since there is a risk now that your decision for extension will come right after submitting biometrics on 23rd Dec 2020 (usually many cases have reported that) so you may consider to vary to ILR on 24th Dec 2020 and book a biometrics appointment for ILR on/after 31st Dec 2020 then.

OR

You can simply withdraw the extension application since your current leave is valid till 10th Nov 2020, you can just add a fresh ILR application before 10th Nov 2020 and follow (A) above.

[CULLINAN]

Mods: Please split the above post in OP’s topic. Thanks

[zhongyuan]

Seems like you have some understanding of the situation already but why did you not apply for her extension on 9th November 2020 to buy time for biometrics till 9th January 2021?!

OR

(A) The best approach would have been to apply for her ILR right away on 9th Nov 2020 (before current visa expiry) and book a biometrics appointment after 31st Dec 2020 so the CW should have taken the date of decision to calculate her continuous residency.

But since you have already done it now, the best you can do is submit her biometrics for extension on 23rd Dec 2020 (you must submit the biometrics for your application to be valid).

You can vary the application to ILR on 31st Dec 2020 then hoping that a decision is not made for extension application before that.

Since there is a risk now that your decision for extension will come right after submitting biometrics on 23rd Dec 2020 (usually many cases have reported that) so you may consider to vary to ILR on 24th Dec 2020 and book a biometrics appointment for ILR on/after 31st Dec 2020 then.

OR

You can simply withdraw the extension application since your current leave is valid till 10th Nov 2020, you can just add a fresh ILR application before 10th Nov 2020 and follow (A) above.

Thank you for your reply, the reason I submit the application earlier was because the IHS fees are going up, I do not want to risk to pay addition 700 for 3 years, so technically, the ILR application can be made 28 days + 2 months earlier? Considering I do not booking an appointment until last day?

Do I take any risk if I submit my application 3 month earlier and make use of the two month appointment waiting time to make up the 5 year ILR period? Is there a chance this application can be refused because the case worker will be using the application date, rather than the decision day to calculate the 5 years?

Just wondering if you have any successful story

[CULLINAN]

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... gov-uk.pdf

Your wife qualifies for ILR on 31st Dec 2020 as you said, apply before 10th Nov 2020 (before visa expiry) and book biometrics appointment after 31st Dec 2020.

[zhongyuan]

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... gov-uk.pdf

Your wife qualifies for ILR on 31st Dec 2020 as you said, apply before 10th Nov 2020 (before visa expiry) and book biometrics appointment after 31st Dec 2020.

Thanks again for your quick response, another question hope you dont mind answering, even I choose to keep the existing application and vary it to ILR, can't I still submit ILR application before I attend the extension appointment? In this case do I still need to book and attend the appointment for the extension application, or I can directly book the ILR appointment? By the way, as I understand, when vary an application, the fees will be refunded, right?

[CULLINAN]

You will have to attend biometrics for extension application first to make it a valid application before you can vary to ILR. Once you vary before a decision is not made on the previous application, the fee should be refunded.

[zhongyuan]

You will have to attend biometrics for extension application first to make it a valid application before you can vary to ILR. Once you vary before a decision is not made on the previous application, the fee should be refunded.

Really appreciated your patience. I have just canceled my extension Visa, so I can do what you suggested to apply for ILR straight away, before that, since the visa is very important, I don't want to get my visa refused, just want to confirm with you again before moving forward, how confident are you with this approach to delay ILR appointment until she become qualified and stay on section 3C leave. has anyone succeed in this way? Thank you so much! I trust you a lot, just want to be sure!

[CULLINAN]

You will have to attend biometrics for extension application first to make it a valid application before you can vary to ILR. Once you vary before a decision is not made on the previous application, the fee should be refunded.

Really appreciated your patience. I have just canceled my extension Visa, so I can do what you suggested to apply for ILR straight away, before that, since the visa is very important, I don't want to get my visa refused, just want to confirm with you again before moving forward, how confident are you with this approach to delay ILR appointment until she become qualified and stay on section 3C leave. has anyone succeed in this way? Thank you so much! I trust you a lot, just want to be sure!

We have to follow what the guidance says than what anyone else says. Quote the guidance as stated above in the cover letter. Only apply for your NEW ILR application on 9th November (MUST apply before current visa expiry) so you can buy time till 9th Jan 2021 (biometrics deadline). Provide biometrics after 31st Dec 2020 (after she qualifies) but must provide biometrics before the biometrics deadline.

You will be able to book an appointment for 31st Dec 2020 onwards by 1st Dec 2020 onwards as the booking system only shows 4 weeks slots.

[zhongyuan]

You will have to attend biometrics for extension application first to make it a valid application before you can vary to ILR. Once you vary before a decision is not made on the previous application, the fee should be refunded.

Really appreciated your patience. I have just canceled my extension Visa, so I can do what you suggested to apply for ILR straight away, before that, since the visa is very important, I don't want to get my visa refused, just want to confirm with you again before moving forward, how confident are you with this approach to delay ILR appointment until she become qualified and stay on section 3C leave. has anyone succeed in this way? Thank you so much! I trust you a lot, just want to be sure!

We have to follow what the guidance says than what anyone else says. Quote the guidance as stated above in the cover letter. Only apply for your NEW ILR application on 9th November (MUST apply before current visa expiry) so you can buy time till 9th Jan 2021 (biometrics deadline). Provide biometrics after 31st Dec 2020 (after she qualifies) but must provide biometrics before the biometrics deadline.

You will be able to book an appointment for 31st Dec 2020 onwards by 1st Dec 2020 onwards as the booking system only shows 4 weeks slots.

Thank you, I'll give it a try, hopefully this will work, but in the worst case, what would happen if my application got refused? Can I appeal? Do I have to pay all the fees again?

[CULLINAN]

It cant be refused as per the official guidance if you follow the correct procedure as stated above.

Note: You only get 2 months to submit biometrics. Do NOT apply before 9th Nov to buy maximum time for biometrics submission.

PS: You have hijacked someone else’s thread.
Mods please move the above to relevant thread.

Thanks