PBS Dependent, Main applicant is now British Citizen

[msohaib25]

Hi All,

I have found similar topics on this board but still few questions are not answered there.

I am applying for my wife PBS dependent extension (Tier 2 General route), her visa is expiring on 16th december 2021 (by then she will cover the period for 4 years and 8 months), in order to eligible for ILR she needs another extension for 4 months.

1- Can i just apply for one year extension? option i see is for upto 3 years (means i have to pay 3 years IHS amount which is 624/year (i remember last time i paid £200/year), looks like it has been increased to 640/year and moreover i have to pay for 3 years although she just need 4 months to qualify for ILR?
- Is there any way out for lesser extension?
- Is there any chance to get the refund for IHS fees if she just use 1 year visa and get the refund for the remaining 2 years when she apply for ILR?

2- PBS, Start-up, Innovator or Global Talent dependent partner is the right form under PBS dependent (Tier 1,2 & 3 category), i then selected TIER 2 general (shortage occupation upto 3 years) but i am not sure if i come under shortage occupation category), i think drop down menu doesn't have tier 2 general option any more.

I would appreciate if anyone please confirm above queries.

[secret.simon]

Can i just apply for one year extension?

No

Is there any way out for lesser extension?

No

Is there any chance to get the refund for IHS fees if she just use 1 year visa and get the refund for the remaining 2 years when she apply for ILR?

No

You will not get a refund if:
...

• you’re applying for indefinite leave to remain

Also see this thread for a discussion on IHS.

What you can do is make the application for a PBS Dependent application just before (a couple of days before) the expiry of her current leave to remain (but be sure to do that while she still has leave and the leave has not expired). If the application is not decided by the date she becomes eligible to apply for ILR, the application can then be varied to the appropriate ILR application.

I am not sure of there is an IHS refund in such a case, but it is likely that you will have to pay the difference between the PBS dependent visa fee (paid in December) and the ILR fee when you vary the application.

If the PBS dependent application is decided by the date she is eligible for ILR, there will be no refund of either the PBS dependent application fee or the IHS.

[msohaib25]

Oh ok thanks simon for answering all the queries

even if i apply in december, most probably she will get her visa sorted in 2 months so she will still be 2 months short for qualifying for ILR.

It just hurts alot when you have to pay £2600-2800 for 4 months extension

Previously when i applied for her 2nd extension, there was not any option for extension for 5 years or may be it was there and i didn't get it, it could be less cheaper.

they normally process in 1-2 months isn't it?

Regards,
Sohaib

[CR001]

Apply for an extension the day before her visa expires. Book a biometric appointment on the last date you can of the 45 days you have to attend.

You haven't stated what her initial visa issue date was.

When she is hopefully on the 28 days before her 5th anniversary of her initial visa start date, apply to vary to ilr. You will have to pay the full ilr fees when you do this. The form will ask if you have an existing pending application.

[msohaib25]

thanks for your reply

1- First visa issued date 07-04-2017 and expiry date 13-12-2018
2- Second extension visa issued date 16-12-2018 and expiry date 16-12-2021
3- if i am applying online and submit application on 15th-12-2021 then would that be ok or should i do it by 12th or 13th december for a safe side then usually we receive a letter for biometric after 10 days then how late we can submit a biometric finger prints 45 days once ?
4- She will be eligible for ILR on 07-04-2022 ideally but as we will be eligible 28 days early i.e 09-03 2022
is it correct for these dates?

5- If i apply for ILR like on these days as you said i will pay the fees so by doing all these will they refund previous extension fees and IHS fees which i would have already paid once extension app was submitted?

Do you think these dates would work please?

[msohaib25]

Hi,

Anyone can please confirm if i apply for ILR after her pbs dependent extension visa in progress

would i be refund back my pbs dependent visa fees and IHS amount?

Just working out if this is the case then i will that this risk by applying right before the expiry