PBS Dependant visa extension - Tier 2

[ragram]

Hi Admin,

Greetings! I would like to make an inquiry on the recent PBS dependant visa extension application that was rejected by HO.

The main applicant has recently received ILR in Jun-24. Dependant who is the wife is due for ILR in Nov-24. However, the visa for wife is expiring in Aug-24.

Wife has applied for visa extension in priority in Jul-24 (1st week) and the application was rejected with a reason to say - Has your sponsor or employer confirmed you are eligible for the health and care visa for which the answer was selected as "Yes". The reason this was selected as Yes was because the COS of main applicant was issued under SOC 1181 (recently updated to 1171 in Apr-24). Also, this was opted as yes for their kid born in UK and the kid was granted the same duration of stay as of both parents till visa expired (Aug-24). Since the kid was granted, the wife applied same rule, but it was rejected for wife. This fee is funded by both applicants themselves because organisation isn't paying for it.

See the dependant's tenure in UK:

Entered UK: Dec-19
Applied for visa extension: Jun-21 (because of job change of the main applicant)
Working status: Worked for a private limited company and had to quit because of main applicants' relocation.
Travelled abroad: Nov-21, Aug-22 and Dec-23 (all travels didn't exceed 90 days)
Current working status: Both applicants work for same organisation (who issued COS in 2021).
Previous IHS paid by both applicants: Yes, in Jun-21 when extension was made for new COS.

My queries are below:

1. When searched in Google, the SOC code indicates eligibility for the health and care visa worker category. Is it advisable for dependant to select "Yes" for this? Or should they pay for IHS? Currently work for same organisation.
2. Should wife reapply for the extension application or wait until closer to the visa expiration date (within 28 days) before submitting a new application? Because it says the file is currently open and application will be rejected as invalid in next 10 days. 10 working days will end on 19-Jul-24. However, visa expiry on BRP is 15-Aug-24.
3. If a fresh new application is made, should wife state "Yes" if asked about previous rejections and provide relevant details? If yes, should this be done on application or cover letter?
4. Should the fresh application be made, do the wife have to pay for IHS?
5. How long will the visa be granted for as wife is due fir ILR in Nov-24?
6. Will the biometric fees be refunded back because application was considered invalid? Or do the fees need to repay for another time when a fresh application is made?
7. The email said while your application is open, you currently hold valid 3C leave. Please ensure you pay correct fee if you make a fresh application. I am not sure what does this mean?

Thank you for your time and consideration.

Kind Regards,
RR

[AmazonianX]

Is she having a COS and applying as she answered YES to a question about sponsor/employer.
As a dependent, was the correct form used in applying or simply filled the form that main applicant used for his?

Has to be declared and state why.

[ragram]

@AmazonianX - WIfe doesn't have a COS. The main applicant's COS was valid till Aug-24 based on which wife has used the same COS and applied for extension as she is eligible to apply. Wife spoke to UKVI helpline and they said don't apply earlier than 28 days before the visa expires else it will be on hold or rejected. Yes, they have used the correct form on Skilled Immigrant Visa and applied for extension.

[ragram]

See the response from Home office:

Dear RR,

Ref: xxxx-xxxx-xxxx-xxxx

YOU HAVE NOT SUBMITTED A VALID IMMIGRATION APPLICATION

We have set out below the reason why your application is not valid below:

During your permission to stay application you were asked “Has your sponsor or employer confirmed you are eligible for the Health and Care visa?”, you selected “Yes”. However, based on the information provided by you/your sponsor, you do not meet the criteria for a Health & Care Visa.

Your application will be rejected as invalid in 10 working days and we will return any documents submitted as part of the application and refund the application fee. While your application is open, you currently hold valid 3C leave. Please ensure that you pay the correct fee if you make a fresh application. You must pay the current fee, as set out on our website at www.gov.uk/uk-visas-immigration.

Submission of a valid application, that is, one on the correct form which complies with the above requirements does not guarantee the application will be successful. It will be considered in accordance with the Immigration Rules and published policies. If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.

In all cases an application should be made before your current leave expires. Please be aware that under most routes any application made after a person has overstayed for more than 28 days will fall for refusal. Further information can be obtained from our website using the link above.

From the 18 March 2016, new fees regulations will allow the Home Office to retain an administration fee on in country charged applications that are rejected as invalid. The fee is £25 per person included in the application.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

Can someone answer the queries please? We are really worried.

[ragram]

@zimba @vinny can please someone help? we are having less time for extension and have to apply ASAP.

[ragram]

CAN SOMEONE RESPOND PLEASE¿?????????

[AmazonianX]

CAN SOMEONE RESPOND PLEASE¿?????????

Bumping up does not make response come faster. Unpaid persons using their personal time to give insight into the convoluted that UK immigration is.
When someone with knowledge of what you are asking comes across the thread you will get a reply.

[vinny]

SOC 1181 is apparently not eligible for IHS exemption.

Section 3C is only triggered if there is a pending application when leave expires.

Reapply before expiry of leave. Pay IHS. Disclose invalidity rejection. SW 36.1.(b) grants 3 years leave.

Vary application to SET(O), if they had not decided on the extension when eligible for ILR.

Why choose the priority service, if it prevents her from varying?

UK born child is entitled to register now, without having to apply for leave. But get adequate health insurance to cover registration processing period.

[ragram]

Thanks @vinny, appreciate your response.

We have reapplied again but will disclose this invalidity rejection. Will that be in the cover letter? Can I find any specific format somewhere or do you recommend any specific wordings?

We applied in priority just to be safe if we need to travel at any time and there is no stress around waiting times. I am not sure if we will get a refund for priority app. rejection. They have confirmed it though in rejectione email though!

Can you clarify the below - I am not able to follow and understand, sorry

"Vary application to SET(O), if they had not decided on the extension when eligible for ILR.
Why choose the priority service, if it prevents her from varying?"

While we have started to make application for registration, we realised the child travelled abroad on December 3rd 2023 to 28th March 2024 this year. I have 2 more ques. below:

1. Is the child still eligible to apply?
2. Can this child apply in priority or need to await till 6 months? Documentation is clean and crystal clear. No issues. I am just concerned if they will notice that IHS wasn't paid based on SOC 1181 exemption we claimed.

[vinny]

If she hasn’t already reapplied, then make an in-time extension application. Choose a late date for biometrics. If they haven’t decided on her pending extension application by the time she is eligible for ILR, then she may vary her extension application by applying for ILR. KoLL required. She may then choose the priority service, if necessary. Pay again, but they should refund her extension application.

1. UK born child is entitled to register regardless.
2. I don’t think that there is a priority service for Registration.

[ragram]

Thanks @vinny, I'm afraid because of the rejection stress she has already applied and chosen biometrics very closely next week itself. Just didnt wanna have hassles because they drag too much. The visa is ending on 15th august.

May be she can apply for ILR in priority again.

[vinny]

Don’t forget that her extension will be for 3 years with corresponding IHS fees for the same period. When she applies for ILR in a few months time, then they may not give her a partial IHS refund.

Good luck!

[ragram]

Thanks again Vinny but when IHS was paid this time, they have only asked for 6 months (around 500 GBP) but thanks for assurance. Hope all goes well.

[vinny]

That’s not normal as SW 36.1.(b) grants 3 years leave. I suspect she cannot choose leave to expire in six months.

[ragram]

@vinny - sorry not sure what do you mean by "That’s not normal as SW 36.1.(b) grants 3 years leave. I suspect she cannot choose leave to expire in six months."? Are you saying she won't be able to stay beyond 6 months? We haven't done anything as the system itself has shown for lesser IHS amount. When we did the application, it redirected us from app. to IHS payment and back when we finished the payment; So might be they are aware that it's just a small extension and charged for 6 months?

I only know she is eligible for ILR by November and it's already July end. The BRP is expiring on 15th Aug.

[vinny]

How was the six months arrived at? Did she input six months on her application?

I suspect they will ask her to pay more IHS, to cover 3 years, as her extension should be granted for 3 years, as specified under the Immigration rules, linked to above.

[ragram]

@vinny not sure how it charged us only for specific amount; We were ready to pay £1035*3 and the application fee but when we almost arrived to submit the application, it ended up charging only for half of year.

I am suspecting system is making a decision it based on the duration you have been in country as applicant stated they have been in country for 4 years 7 moths and at 4 years and 11 months they are eligible for ILR already?

[CR001]

I am suspecting system is making a decision it based on the duration you have been in country as applicant stated they have been in country for 4 years 7 moths and at 4 years and 11 months they are eligible for ILR already?

No it is not. ILR is a voluntary application and many don't apply. Ukvi don't care if you do or not

It is likely the end date of your visa/CoS etc you put in the form.

[ragram]

Hi, what do we do in this case? Tomorrow is our biometric appt. @vinny @cr001 - Please can you help?

Or do you want us to add a cover letter with invalid application submitted earlier and this fee please?

I don't understand why HO have charged only so much. We are ready to pay but if system didn't allow I don't know.

[ragram]

@vinny @cr001 - We have submitted the biometrics submitted yest. UKVI have sent a very blind email below; Doesn't say what they need in terms of additional info:

Dear rr,

App. Ref: xxxx-xxxx-xxxx-xxxx/xx

Thank you for your application for permission to stay in the UK.

Although we would normally decide your application within 5 working days from the date it was submitted, unfortunately this is not going to be possible in your case.

The UK Decision Making Centre is currently assessing my application but we are unable to conclude the application at we require additional information for us to conclude your application, it may not be possible to make a decision within service standard in this instance.

Kind Regards,
UKVI Decision Making Team

Is there a way we can speak to someone about this? This is very distressing as I am stressed, I don't know why are they creating so much of mess

[lolo2]

Remember that these priority or super-priority services are not guaranteed.

UKVI will send you another email if they require any other information or document. Nobody knows when this will happen or will help you to speed up this. You need to be patient and wait for any further communication.

[vinny]

I suspect that the delay relates to the incorrect six months IHS payment. They may ask for a top-up payment.

[ragram]

@vinny if they are ready to ask for payment, we will do it but it's their system that showed us that amount which we have paid. Wasn't our fault

[CR001]

@vinny if they are ready to ask for payment, we will do it but it's their system that showed us that amount which we have paid. Wasn't our fault

I already explained it is highly likely you put incorrect dates as end date in the form, ie cos or work end date.

The form calculates what is payable based on information YOU put in the form!

[ragram]

Employer of main applicant wouldn't sponsor to dependants. It's all spent by the main applicant and their dependant. Also, the dependant hasn't put incorrect dates because it didn't ask anything about end or start dates - I have checked application thrice.

They have just asked what is the SOC code in main applicants job and the dependant has put it as 1181 - the same SOC ode was input and it gave up that amount It has caused me so much of stress.

I don't know how much time they will take to respond. Plus the visa (BRP) is expiring next month and the dependant's ILR is due by November.

It's like we have lost almost 6K till now Is there anyway we can speak to UKVI? We are really worried.