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it is correct
If your last CoS was for 3 years give the start and end dates in that CoS
You'll have to pay 3 years IHS but may be due a partial refund eventually
Thanks, I am very clear on rest of the points but only sticking point is IHS payment. I understand that skilled worked extensionn is only for 3 years when main applicant granted ILR (settlement SW 36.1) but there is confusion on IHS, for partial refund, it is not applicable if applying ILR, so effectively i will end up paying 3x648=1944 even when I should be paying 324 for 5 months. Has any one tried to apply skilled worked dependent extension for 3 years but paid ihs for lessor time?manci wrote: ↑Tue Jun 01, 2021 2:48 pmThere is no choice in the length of the period of your spouse's visa extension, it will be 3 years. Refer to the Immigration Rules:
Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker
SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.
it is correctIf your last CoS was for 3 years give the start and end dates in that CoSYou'll have to pay 3 years IHS but may be due a partial refund eventually
Hi CR001,
You didn't speak with the HO, the service you called has been outsourced by the HO to a commercial organisation and they have been known to give incorrect advice from time to time
what you quoted from is dated 2012 and is no longer current
Apologies for merging topic. I happened by mistake.
Thanks for clarifying again. I understand that for extension visa (Minimum 3 years period) and hence 3 years IHS fee. This is understood.
As per the CR 6.1 --> CR should be based on a,b,c,d below. If i consider c as the counting date, then application submission date i.e. 21st sept is irrelevant. Case worker will count the 5 years period on decision date. I assume decision can't be made before submitting the Biomatric which will be on 21st Nov.
I was referring to ILR (set O). As per the time line thread for Set O, normal standard route takes more than 4 months for majority of people.
Hello immg83immg83 wrote: ↑Wed Jun 09, 2021 8:45 amApologies for merging topic. I happened by mistake.
Thanks for clarifying again. I understand that for extension visa (Minimum 3 years period) and hence 3 years IHS fee. This is understood.
As per the CR 6.1 --> CR should be based on a,b,c,d below. If i consider c as the counting date, then application submission date i.e. 21st sept is irrelevant. Case worker will count the 5 years period on decision date. I assume decision can't be made before submitting the Biomatric which will be on 21st Nov.
And if i go by standard route i anticipate no decision before 4th December when she will qualify with 5 years CR. I understand, i am trying to do which is quite risky but this is all i am doing to save £3k which i have to pay for just 4 months extension and which is lot of money for me.
CR 6.1. The continuous residence period in CR 2.1. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission.
I was referring to ILR (set O). As per the time line thread for Set O, normal standard route takes more than 4 months for majority of people.
My only apprehension is that even after taking all these risks, i may end up having extension approval before ILR decision and then i need to fight for refund of extension fee and IHS fee. I have seen Cullinan advising on similar topic. Any advice would be really helpful.
immg83 wrote: ↑Sat Nov 13, 2021 12:11 amHi,
Let me explain what I tried. I applied for my spouse Tier2 dependent visa extension before expiry date on 23rd July with only 6 months IHS fee with cover letter that she will be eligible for ILR in December and hence paying the IHS for 6 months. But unfortunately case worker asked her top the IHS fee for remaining 2 and half years. So effectively you have pay the IHS for 4 years and there is no escape route for this.
As CR001 and others advised, extension is for 3 years and IHS has to be paid to 4 years.
This is what i tried
1. 22-July21: Submitted extension application on 22nd july just 1 day before expiry on 23rd July 2021
2. Paid IHS only for 6 months
3. 21-sep-21: Booked the biometric on last possible date (60 days). Booked on 21st September
4. 29-sep-21: Got an email from case worker to top the IHS for remaining 2 and half year. Given 5 days to pay
5. 02-oct-21: Paid top of IHS fee by last day
6. 10-oct-21: Received extension visa approval email followed with brp card.
So, i can say if anyone has a gap of 2 months in ILR then there is chance to apply a vary ILR application on top of extension visa. If more than two months gap then it is touch and go..
P.S.: I am preparing the ILR application for her as she is eligible now and will try to apply for IHS refund but i am not very hopeful because no IHS refund after ILR. So finger crossed.