PBS Dependant visa extension - Tier 2

[CR001]

The application form or ihs form would have definitely asked for dates of either cos validity/expiry date or your visa expiry date. It is a mandatory field.

We get this question of dates almost daily on the forum and the advice is the same all the time, ie put a date 3 years in the future to get the correct ihs to avoid delays in processing of the application.

[vinny]

For example.

[ragram]

@vinny @cr001 TBH, we are so, so confused right now—it feels like jumping out of the window! Seriously, it's so confusing. As a layman, doing your own application after so many years, if questions are suddenly asked, we'll answer with what info. we have.

The idea of using a future date wouldn't even come to mind unless you read up all the legislations. And as a layman, if you don't know that you have to pay IHS for 3 years regardless of whether you want a 1-month extension or ample time, it makes it so hard for people who are doing the application themselves. The process isn't simple at all.

Also, when it asked for the end date when we paid IHS fees, I am dam sure most of the dates were already prepopulated from the application. I can recall they have automated this feature from 2020 when we last filed our own visa. And to my luck, we've had an email from HO as stated below with regards to previous app:

Dear rr,
Ref: xxxx-xxxx-xxxx-xxxx
Thank you for your PBS_LTR-Dependant_Joiner, you have since made a new application as a PBS_LTR-Dependant_Joiner.
your first PBS_LTR-Dependant_Joiner has been void and varied to your new application.
A refund of your application fee will be returned to you in due course.
Kind Regards,
UK Decision Making Centre

which means we don't know what refund we'll get, when, and how much will they refund

So much of mental stress, sleepless nights, time, energy, resources and money wasted. Things need to be made simple rather than making it too complicated.

Hope someone can shed some light on this!

Best,
rr

[vinny]

Unfortunately, over the years, they have made the Immigration rules and guidances too complex; even possibly corrupting the intended nature of these rules.

[ragram]

@vinny can notice it the way things have gone. Had an email from UKVI earlier asking to pay balance IHS - £2587.5! We have completed and confirmed the payment.

This brings 3 questions to our mind:

1. Now that we have paid for 3 Years IHS and dependant is eligible for ILR in December - 2024, when do we need to apply ILR? Do they only give 6 months visa and ILR is straight before visa ends? Kindly clarify.
2. As both main applicant and dependant work for NHS, I am sure we can claim back IHS from NHSBSA? Because when we spoke to them earlier last month, they asked if we have worked/been working for social/public sector/healthcare and we said yes. My main concern is should we claim any sort of refund that we are eligible for, will it affect ILR as we have claimed the refund or am I overcomplicating things?
3. Dependant child (1Y) has now applied for British citizenship using MN1 and main applicant who has got the ILR has given the Biometrics on behalf. Child's visa is ending on same 15th August 2024 same as that of dependant wife. However, if the child wants to travel abroad, can he travel? Or does he need to get the citizenship, apply for passport, surrender their existing passport and then travel?

Appreciate all your support here

Thanks once again!

[vinny]

1.

SW 36.1.(b) grants 3 years leave.

ILR is not automatic.

ILR is a voluntary application and many don't apply.

She may calmly apply for (or vary a pending extension application to) SET(O), when eligible.

2. Claiming back IHS shouldn’t affect an ILR application. But it may be less stressful, if she claims after being granted ILR?

3. Child may travel, if s/he returns to the UK before expiry of leave.

34K prevents mother from traveling while an Immigration application is pending.

[ragram]

Thanks @vinny. Hope we hear back soon on the good news.
Can you kindly confirm if the main applicant now apply for IHS refund since main applicant is now settled with ILR. Will the main applicant have any issues when applying for British citizenship/passport?

[vinny]

As suggested, I wouldn’t rush claiming a IHS refund until your wife gets ILR (and when you are certain of current IHS exemption). Claiming beforehand may make both you and her stressed out, similar to her rushing to make this priority extension application.

Moreover, do take the time to fully investigate, if your SOC code really does currently exempt you and family from paying the IHS. If you are wrong, then they may demand more IHS payments for any past exemption errors.

[ragram]

Thanks @vinny. Will do the research and only then go with it. In the meantime, can you kindly confirm if the dependent child will have any issues while getting citizenship issued as we applied for visa with exception of SOC 1181 in health and care visa. Will wait till everything is sorted to make a decision for claim. I assume there shouldn't be any problem as son was born in UK itself.

Bdw, I was also reading the IHS guidance by Home office and it clearly says, the case worker has to refund any extra paid amount - see refunds section. Do they actually do that? For a 1 month extension we have paid 3 year IHS. Last 1 month has taken around 10.5K out of our pockets https://assets.publishing.service.gov.u ... charge.pdf

[vinny]

Son’s entitlement to register should be unaffected.

Unfortunately, the rush to get a quick decision may effectively deprive her of a possible opportunity to vary an outstanding application to an ILR application, when she becomes eligible for ILR. If they decide before she is able to vary, then there is no outstanding application to vary. Then they are prevented from refunding application fees when variation applies.

[vinny]

Regrettably, they have also changed their IHS refund policy relating to ILR applications.

[vinny]

If SOC 1181 was from SOC2010, then you may be right.

SOC2010 1181 corresponds perfectly to SOC2020 1171.

If SOC2020 1171 is eligible for IHS exemption, then SOC2010 1811 should also be eligible.

[ragram]

Thanks @vinny; We have applied for son's citizenship using Mn1 so will await for further info.

I am not sure if I understand the below. Can you explain again?
Unfortunately, the rush to get a quick decision may effectively deprive her of a possible opportunity to vary an outstanding application to an ILR application, when she becomes eligible for ILR. If they decide before she is able to vary, then there is no outstanding application to vary. Then they are prevented from refunding application fees when variation applies.

Well, main applicant hasn't applied for any refund yet as we were unsure and wanted to ensure we get right guidance. We will wait till my ILR is sorted and then will apply.

For the below, how will you find out which SOC code was it? Is it mentioned somewhere? Can't find it in actual COS copy. Do we need to check with employer? Recently, when my partner checked they didn't even know the difference between Skilled Worker/Skilled Worker (Health & Care)

My presumption is SOC 1171 has been changed after Apr-24; Till then it was SOC 1181.

If SOC 1181 was from SOC2010, then you may be right.

SOC2010 1181 corresponds perfectly to SOC2020 1171.

If SOC2020 1171 is eligible for IHS exemption, then SOC2010 1811 should also be eligible.

Can I also ask if our son is eligible for free childcare (15 hours from this Sept.) or will both parents British citizenship will get affected because we have claimed public funds? Can main applicant with ILR claim or no?

[vinny]

Please click on the given links for more information.

A point I was (unsuccessfully?) trying to make was that if she was so close to being eligible for ILR, then wanting a quick decision on her extension application may be a bad idea, financially.

She has to pay the application fees on both her extension and ILR applications. However, if she can take advantage of their standard processing times, then being able to vary an outstanding application actually saves money, due to automatically getting a refund. But if they decide on her extension application before she varies it to an ILR application, then she can no longer vary a decided application. Then this prevents them from giving her a refund on her extension application, possibly including IHS fees.

Yes. Do Check with your employer about your SOC code.

[vinny]

For more information on childcare, see also New childcare schemes unavailable to many families with NRPF

[ragram]

@vinny thanks for all your response ad advise on application. I can confimr we have received the refund for first application that was called invalid which they promised to my pay to pay in 28 days and they did for both application, priority. However, no biometric fee was refunded.

The decision for the 2nd visa extension application has been granted. See email below. However, I am not sure if I will be eligible for refund at all.

1. I just needed an extension for 2 months but they have now given the extension for 3 more years despite we are eligible for ILR in next 2 months. Should we be applying for refund now, they may cause issues when we apply for ILR. I am unsure if we should put this for admin review.
2. Should we not apply for refund, it's waste of our hard earned valuable money. Should we still challenge them for refund of additional period cover and ask for refund? Are we any eligible? Your expertise will be helpful for us same some £££.

Dear rr,
App. Ref: xx-xxxx-xxxx-xxxx-xx
Your application as a dependant of rr's dependant on the Skilled Worker route has been successful.
You have been granted permission to stay in the UK as a dependant partner until 9 Aug 2027.
This notice sets out all of the conditions of your permission to stay in the UK so please read it carefully.
Sharing information about your permission to stay in the UK (your immigration status)
Employers, landlords or other organisations may need to check your immigration status to see if you are allowed to work, rent somewhere to live or access public services.
You can use our online services to prove your right to work ( https://www.gov.uk/prove-right-to-work) or prove your right to rent ( https://www.gov.uk/prove-right-to-rent) and share that information with other people. You’ll need to select the option to share your information and you’ll then get a share code to give to them. This share code will give them time-limited access to view your right to rent, or right to work. You’ll also need to give them your date of birth, to prove they have your permission to check your information.
Proving your immigration status
You can keep this written notice for your personal records.
You should now create a UKVI Account to enable you to view and prove your UK immigration status (your permission to stay). Information on how to do this is in the ‘next steps’ section.
Your conditions
The following are all the conditions of your permission to stay as a dependant partner.
Work conditions
You are allowed to take any work, except as a professional sports person or sports coach.
Study conditions
You are allowed to study. Any study is subject to the condition that you must obtain an ATAS certificate, if you are required to do so under Appendix ATAS of the Immigration Rules. For guidance on whether you need to obtain an ATAS certificate for your intended study, check https://www.gov.uk/guidance/academic-te ... val-scheme.
Public funds condition
You are not allowed to claim public funds.
Note on conditions
Failure to comply with the conditions of your permission is a criminal offence and may also lead to your permission being cancelled and future applications being refused.
Additional information
Travelling out of the UK
You should not book travel outside of the UK until you receive your BRP. Doing so may mean that you fail to receive your BRP. That puts you at risk of being unable to prove that you have permission to stay in the UK and being refused re-entry.
Immigration health charge
If you have been granted a shorter period of permission than you applied for, some of your immigration health charge payment may be refunded. For further information on refunds of the immigration health charge, please visit https://www.gov.uk/healthcare-immigrati ... on/refunds.
If your information or circumstances change
If your information or circumstances change you may need to tell us. You can find out what changes you should tell us about and how to do so at: https://www.gov.uk/change-circumstances-visa-brp.
If you think an error has been made
If you think an error has been made, for example the period of permission granted, or your conditions, you can request an Administrative Review. You have 14 days from when you receive your BRP to apply for an administrative review.
Information on how to apply for administrative review, the process and the fees payable are all available online at: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk.
The administrative review application form is available online at: https://eforms.homeoffice.gov.uk/outrea ... dance.ofml.
Your personal information
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.
Next steps
Create a UKVI account
We are replacing physical documents, such as Biometric Residence Permits (BRPs) and vignette stickers, with an online record of your immigration status. This is known as an eVisa
What you need to do now
You must now create a UKVI account to access your eVisa
Use the following link to create a UKVI account: https://www.gov.uk/get-access-evisa.
To create a UKVI account and access your eVisa you will need:
Your date of birth
Your BRP Number or Unique Application Number (UAN) (your UAN is at the top of this notice)
Your passport (if you do not have a BRP)
Access to an email address and phone number
Access to a smartphone
If you need help creating your UKVI account you can get help at https://www.gov.uk/assisted-digital-hel ... plications
Once you have created your UKVI account you will be able to view the details of your eVisa online, for example your type of permission, when it expires and your conditions of stay. You will also be able to update your personal details and register your passport in your UKVI account so that you can easily travel to and from the UK.
Sharing information about your immigration status
Employers, landlords in England or other organisations may need to check your immigration status, for example to check whether you are allowed to work, rent somewhere to live, or access public services.
Once you have created your UKVI account and accessed your eVisa, you can use the ‘view and prove’ service at https://www.gov.uk/view-prove-immigration-status using your UKVI account sign in details to share relevant information about your immigration status. You will need to make sure that you select the correct reason for sharing your information, so that the appropriate details are selected. You will then be given a ‘share code’. This can be passed on to the person you want to share your status information with. The share code will give that person time limited access to the relevant information. You will also need to give them your date of birth, so they can prove they have your permission to check your information.
Biometric Residence Permit
While we transition to a fully digital system, you will also receive a Biometric Residence Permit (BRP), usually within 7 to 10 days of the date of this decision.
If we have your contact details, you will receive an email or text message from Royal Mail telling you when your BRP will arrive. You do not need to sign for your BRP when it is delivered, it will be posted through the letterbox. You will not have to pay a fee for the delivery of your BRP.
If you do not receive your BRP or a Royal Mail tracking reference within 7 to 10 days of receiving this decision please visit https://biometric-residence-permit.serv ... ot-arrived
If there is an error on your BRP
If you think something is wrong on your BRP, such as your name, sex, or it was damaged when you received it, you must let us know.
You only have 14 days from the date of receiving your BRP to let us know about an error. Otherwise, you may have to apply and pay for a replacement. Information on how to let us know can be found at https://www.gov.uk/biometric-residence- ... rt-problem
If you have a BRP from a previous grant of permission
If you already hold a BRP from a previous grant of permission, or you were issued with a replacement, it is no longer valid. You should dispose of it securely once you have created your UKVI account.
Your new BRP expires on 31 December 2024.
This does not affect your period of grant of permission to stay or your conditions, which you can view in your UKVI account. You can continue to use your BRP until it expires. Once it expires you are likely to have problems proving your status or when travelling if you do not create a UKVI account.
Your new BRP is an important document, and you should look after it carefully. You can find more information about the BRP, including what to do if your BRP is lost or stolen at https://www.gov.uk/brp
Proving your UK immigration status when travelling
You should not book travel outside the UK until you receive your new BRP. You should carry your BRP with you when travelling as you may be asked to show it to prove your status, even after you have created your UKVI account.
Once you have created your UKVI account it is important that your UKVI account has up to date details of your passport, which you can do at https://www.gov.uk/update-uk-visas-immi ... nt-details. Not doing so may mean that you are delayed or denied boarding by carriers.
When your permission to stay ends
If you want to stay in the UK after your current permission ends, you must make a new application before your current permission ends. We recommend that you do not apply more than 28 days before your current permission ends. You may be able to use your most recent BRP to apply for further permission digitally, and avoid the need to provide your fingerprint biometrics again, even after your BRP has expired.

[CR001]

1. I just needed an extension for 2 months but they have now given the extension for 3 more years despite we are eligible for ILR in next 2 months. Should we be applying for refund now, they may cause issues when we apply for ILR. I am unsure if we should put this for admin review.

You cannot get an extension for just 2 months. The immigration rules state it is a 3 year extension and there is no discretion, regardless of when a person qualifies to apply for ILR. You will not get a refund and admin review will fail as UKVI have NOT made a mistake. There is no mandatory requirement to apply for ILR at exactly 5 years either. ILR is a voluntary application.

2. Should we not apply for refund, it's waste of our hard earned valuable money. Should we still challenge them for refund of additional period cover and ask for refund? Are we any eligible? Your expertise will be helpful for us same some £££.

You won't get a refund. A visa has been issued based on the immigration rules.

[ragram]

@CR001 thanks mate. Unfortunately, we have lost IHS I suppose? But what in case both main applicant and dependant work for NHS? Are they exempted? I know it's hard but still trying to save something as we get paid too less upon which we also pay for IHS

May I also ask when can the ILR app. be submitted should you say it's voluntary because prices may go up in future as recent regardless of visa timelines ?

[vinny]

I think her IHS exemption depends on your or her SOC code. Ask your employers what SOC code you both have.

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

Safe to for her to apply for ILR after she is eligible to apply for ILR (including after completing a continuous five years as your dependant partner, KoLL, etc.). There is a concession that she may apply for ILR within 28 days before completing her continuous 5-year qualifying period. But if we haven’t seen her full immigration history with exact dates, then we cannot comment on when that may be.

[vinny]

You cannot get an extension for just 2 months. The immigration rules state it is a 3 year extension and there is no discretion, regardless of when a person qualifies to apply for ILR.

Guidance confirms.
Assessing applications for dependent partners and dependent children

A dependant cannot request to be granted shorter permission than the rules state. For example, if a lead applicant has settled as a Skilled Worker and the dependant only needs 10 months to reach their 5 year settlement requirement they will have to apply for, and pay associated fees and charges, for 3 years permission.

[ragram]

@CR001 @vinny thanks for the below.

@vinny I can see on link here that min. 3Y visa will be required but as per @CR001's request I have provided a brief of immigration history of both applicants below. Will this help anyways to infer if we can still claim back IHS? https://www.gov.uk/government/publicati ... t-children

Current employers of main applicant say they just give the COS and don't know anything further. The SOC Code in their COS is 1181: Health services and public health managers and directors.. See the details of immigration for both main candidate and dependant below:

1. Main Applicant:

Entered UK: Jun-19 (T2G route) with Big 5; offered 3 Years Visa valid till Feb-22
Changed Employer from Big 5 to NHS (Current Employer): Jun-21 (Only COS issued by NHS which was valid till 1st Aug 2024)
Main Applicant Applied as: Skilled Worker (and not as Health and Care Worker)
Main Applicant's ILR: Jun-24

2. Dependant:

Entered UK: Dec-19 (PBS T2D route)
Dependant Applied with main applicant for Extension: As a skilled Worker Dependant (and not as Health and Care Worker dependant)
Visa Extension Applied: Jul-24; Decision: Yes - upto 2027

Dependant wife has always been on dependant status and never had any direct sponsorship from any employer; Currently both main applicant and dependant work for same NHS org.

My understanding is when the COS was received from NHS, main applicant should have noticed SOC Code and applied under Health and Care visa category while applying in desperation of getting sponsorship, they just went ahead and applied for SKW. However, they were also informed by NHS to apply under SKW. Should the applicant's themselves have done it by themselves, they have missed it as previously visa was sponsored by BIG 5 for both.

I will again recheck with main applicants HR if SOC1181 issued in 2021 comes under 2010SOC Code list (while I can see SOC Code list was updated back in 2000 and then 2010).

@CR001 dependant is eligible for ILR earlier in Nov-2024. Should she apply then, or it can go relaxing till next few years? Not sure what is suggested though as whole family have already spent around £10K till date.

[ragram]

@vinny @cr001 would you be able to help with my query further please?

[vinny]

As commented, she may be exempt from IHS charges.

Agree that she may apply for SET(O) after she’s eligible and before her leave expires. When ready, she may apply to avoid fee increases and make her UK immigration status less precarious, etc.

But relaxing may indeed be a healthy choice too.