PBS Dependant of Tier 2 General Visa

[avahir1984]

Hi Team,

I hold Tier 2 General Visa with 5 year tenure, I will be making my ILR application in January 2022.

My husband become my dependent (PBS Dependent LEAVE TO REMAIN) in September 2017 and his 5 years will be completed in September 2022
My Child become my dependent (PBS Dependent LEAVE TO REMAIN) in August 2019, I heard they can go for MN1 registration after my ILR process completed as child is born in UK , but my ILR application can take 4-6 months and I may need to extend Child visa to have valid NHS and IHS status.

Husband and Child's BRP validity is March 2022.

I have got few questions based on this scenario.

1.Do both my dependent has to extend their visa, if Yes what will be the correct visa type?
2. Considering both of they have to extend I searched the application link and found conflicting links which makes me confused on what is the correct link to application based on my circumstances , I found below links
but unsure if they are correct link or not.

https://visas-immigration.service.gov.u ... nt-partner
https://visas-immigration.service.gov.u ... dant-child

3. Can extension be requested for required months only e.g 6-7 months? I could not see any form asking for tenure needed for PBS dependent visa

4. I heard Tier 2 General visa type is no longer used now, if this is true what will be correct visa type to extent for dependents?

5. Can both dependent file single application or there is a separate form for Partner and Child to file?

Thanks in advance and sorry for long list but I really need some help to proceed further

A Ahir

[zimba]

UK born children do not need visas to be registered under MN1. However, if you need NHS access then you may need to extend their visa. The extension will be fixed so you cannot get a shorter-term visa. Tier 2 route does NOT exist anymore. All dependants must apply under the Skilled worker dependant route to extend. The links you posted are the correct place to apply.

The links you posted for the Depednat partner clearly tell you that they can apply in one application and include children too:

This service is to apply as a dependant partner. You can also add dependant children to your application.

https://visas-immigration.service.gov.u ... nt-partner

[avahir1984]

Thank you for quick response.

As Visa form does not ask how long am I needing further extension. what will be the parameter for home office to decide how long they will extend my visa? is it fixed one year? or something else?

[zimba]

The immigration rules determine this:

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.

The extension will be for 3 years

https://www.gov.uk/guidance/immigration ... led-worker

[avahir1984]

Does that mean even if I will need extension only for 6 months I need to get it for 3 years and I have to pay 3 years charge for visa and IHS? Or I won't be charged for 3 years visa fees and ish. I tried to draft the application form and based on my partner's work start Feb 2017 and end date (I entered some date March 2022 after her five years completed) and IHS it asked to pay was 312 for partner and 215 for child

[CR001]

You cannot choose a lesser time. It is 3 have to you have to pay for 3 years.

If you try to jimmy the system, you I'll be written to pay the Top up or face refusal.

UKVI know the rules and follow them strictly.

[avahir1984]

I will never play with system as I respect the law and obey. That is why I am seeking information from you subject matter experts.

On IHS I know my partner's work start date but how about work end date? As she is going to keep working with foreseeable future.

[zimba]

Does that mean even if I will need extension only for 6 months I need to get it for 3 years and I have to pay 3 years charge for visa and IHS? Or I won't be charged for 3 years visa fees and ish. I tried to draft the application form and based on my partner's work start Feb 2017 and end date (I entered some date March 2022 after her five years completed) and IHS it asked to pay was 312 for partner and 215 for child

You must pay full visa and IHS fees for three years. IHS form simply uses the end date you put in to calculate the fees. ILR holders do not have an end date for their visa, so you should put an end date that brings it to the 3 years worth of IHS

[avahir1984]

Thank you for all the answers and sorry to make it long thread but its necessary for me to do things right.

Can you please help me understand what is the reason for ukvi to extend visa for 3 years compulsory where ILR for partner or MN1 for child is anticipated and ukvi knows that PBS dependent partner already lived as PBS dependent for 4 years and 3 months. Isn't it unfair to force them to pay three years visa fee and three year IHS ?

Many thanks

[CR001]

The 3 years is stated in the immigration rules and they caseworker have no discretion and follow the rules.

Zimba already provided the relevant immigration rule that states this.

The immigration rules determine this:

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.

The extension will be for 3 years

https://www.gov.uk/guidance/immigration ... led-worker