urgent advice is needed please

[gizz03]

Hello everyone,

I have a PBS Dependant visa currently. My husband used to have Tier 2 visa (it's now called the Skilled worker visa I think) and I got my PBS dependant visa through him. A couple of months ago he received his Indefinite Leave to Remain, as he completed 5 years living in the UK.

I think I can’t apply for ILR at the moment because we got married in 2018 July and we’ve been only married for 4 years as of now. (I have been in the UK before then but it was on a Student visa, I guess I can’t combine that visa with my current one)

I need to extend my visa as it expires in September 2022. My question is should I extend my visa as a PBS Dependant or should I apply for a Spouse Visa now that my husband has a different kind of visa? I don't know if these visas are the same, or if the application page for these is the same, as visa names and rules are constantly changing, I'm really confused now.

Finally, can anyone kindly point me to the correct link to extend or apply for my visa?

Thank you in advance!

Gizem

[zimba]

You need to extend under the skilled worker dependant visa (but NOT the spouse visa as it resets your ILR clock to zero)
The links are here: https://www.gov.uk/skilled-worker-visa/ ... d-children

[John3293]

Hello everyone,

I have a PBS Dependant visa currently. My husband used to have Tier 2 visa (it's now called the Skilled worker visa I think) and I got my PBS dependant visa through him. A couple of months ago he received his Indefinite Leave to Remain, as he completed 5 years living in the UK.

I think I can’t apply for ILR at the moment because we got married in 2018 July and we’ve been only married for 4 years as of now. (I have been in the UK before then but it was on a Student visa, I guess I can’t combine that visa with my current one)

I need to extend my visa as it expires in September 2022. My question is should I extend my visa as a PBS Dependant or should I apply for a Spouse Visa now that my husband has a different kind of visa? I don't know if these visas are the same, or if the application page for these is the same, as visa names and rules are constantly changing, I'm really confused now.

Finally, can anyone kindly point me to the correct link to extend or apply for my visa?

Thank you in advance!

Gizem

You had mentioned that you are on a PBS dependant visa..

First question to you should be 'when did you switch to PBS dependant visa and how long you're holding it?'

Since you already have a dependent visa having the main applicant as your husband, you only need to extend it. Even if your partner has ILR, as you were already granted a dependent visa, you just need to extend your current visa. That's all!

If you were on student visa, you might need to switch to dependent visa. As you already mentioned that you are on a dependent visa, ruling out the possibility that you're still on student visa.

[gizz03]

Hi all,

I need your urgent advice on the below query.

I came to the UK with Tier 4 (student visa) in September 2017. Then I got married and moved in with my husband. My husband had Tier 2 visa (it's now called the Skilled worker visa I think) and I got my PBS dependant visa through him in January 2019. A couple of months ago he received his Indefinite Leave to Remain, as he completed 5 years living in the UK.

So I have a PBS Dependant visa currently, and I need to extend it as it expires in September 2022.

My question is instead of applying for an extension of my current visa, can I apply for ILR now by combining 2 different visas as I have been living in the UK for more than 5 years continuously? Would solicitors or visa offices help me with that?
Or is it not possible because I wasn’t my husband’s dependant back then and I wasn’t living with him? Should I just need to extend my current visa now (Tier 2 dependant visa) and apply for ILR next year?

I’m asking this because the visa costs 2500 pounds with the health surcharge. I’ll be officially eligible for the ILR next year and I don’t want to pay 2.500 pounds just for 1.5 years! Because next year in December I will pay the same amount for ILR application too.

Your quick response is much appreciated as I need to apply as soon as possible…

Thank you very much in advance,

Gizem

[CR001]

My question is instead of applying for an extension of my current visa, can I apply for ILR now by combining 2 different visas as I have been living in the UK for more than 5 years continuously?

No you cannot. Student visas do not count for ILR based on 5 years residence. You need 5 years as a PBS Dependent before you can apply for ILR.

Would solicitors or visa offices help me with that?

No. A solicitor cannot 'change the rules' for you.

Or is it not possible because I wasn’t my husband’s dependant back then

Correct.

Should I just need to extend my current visa now (Tier 2 dependant visa) and apply for ILR next year?

Yes, you have already been advised to do this in your topic you posted yesterday! uk-skilled-worker-visas/i-need-to-exten ... l#p2083129

I’m asking this because the visa costs 2500 pounds with the health surcharge. I’ll be officially eligible for the ILR next year and I don’t want to pay 2.500 pounds just for 1.5 years! Because next year in December I will pay the same amount for ILR application too.

A PBS Dependent visa is granted for 3 years when the main PBS holder has obtained ILR. There is no discretion to waive this as it is stated in the Immigration Rules. There is nothing you can do other than pay what is being asked.

[vinny]

SW 42.1.

The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

[zimba]

You already were advised what you need to do as you do NOT qualify for ILR. The Tier 2 PBS route does not exist anymore and all the Tier 2 PBS dependants visa holders should now apply under skilled worker dependants.

[gizz03]

Thank you so much for your quick responses, much appreciated! I will apply for an extension right away then.

[gizz03]

Hello again everyone,

Thanks for all the answers, you have been incredibly helpful so far, but I am more confused now that I’m extending my PBS dependent visa, the questions in the application form assume my husband is on a skilled worker visa at the moment. Am I to answer these questions including his BRP number, using his last (as he is now on a settled visa) Tier 2 visa (which was 3 years ago hence my application to extend)?

These are some of the vague questions:
- Has your spouse or partner applied to work or study in the UK?
- assuming this is a YES
- What visa have they applied for?
- assuming this is the last Tier 2 visa he held
- Does “name redacted” already have their Skilled worker visa?
- again assuming this is a YES
- Do you have an application reference number for ”name redacted”?
- assuming this should be the application for his last Tier 2 visa from three years ago
- in this case
- BRP number of partner
- assuming not the current BRP for indefinite leave to remain, but the previous one for Tier 2 visa

Thank you all,

Gizem

[zimba]

Yes, you should answer as if he is under the skilled worker route

[gizz03]

Thank you very much for your quick reply Zimba!

I understand that I should answer the first questions as if he still has the skilled worker visa. However, with regards to the ‘BRP number’ question, should I also enter the number of my husband’s old BRP which he cut in half and sent back when he got the new BRP with ILR as it was advised by the Home Office? Meaning that the old BRP is invalid now. Wouldn’t my application get rejected because I entered an invalid BRP number?

Again, for the ‘application reference number’ question, do I need to write the old application reference number that he got when he applied for his last Skilled Worker visa 3 years ago? Not the new Indefinite Leave to Remain application number?

Thank you and best wishes,

Gizem

[zimba]

UKVI caseworkers know the rules. Just enter the old values. The questions on the form are generic.
There is no need to enter any application reference number

[gizz03]

Hi again everyone,

Hopefully, this is the last question but here it is. I'm now at the end of the application process where I have to fill in more information to pay IHS(immigration health surcharge). As suggested, I picked my husband's skilled worker visa as the reference here again.

But the IHS form asks for the work end date and visa expiry date in addition. I assume they are practically asking for the same visa expiry date as the "work end" date as my husband is still employed with the same company for the foreseeable future (and he already is settled in the UK).

The thing that causes anxiety is that this visa expiry date is 10th September 2022, only a month into the future.

At this point we are assuming this date is just a formality and it will not cause any issues with our application, am I right?

Kind regards,
Gizem

[zimba]

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. The form is generic and dumb

[gizz03]

Thank you very much for your help! This is a really stressful process and I'm really grateful for this board and community.

Just to make it clear, is it okay if I enter as below then (as these numbers are only for calculating the fees of 3 years of IHS)?

Work start: 1 September 2022
Work end: 1 September 2025

Visa expiry date: 1 September 2025

Another question: as I will be eligible to apply for ILR in December 2023 anyway, I don't need a health surcharge for 3 years I only need it for 1.5-2 years. So my question is would it be okay to enter the visa expiry date as 2024 so it would calculate the fees for 2 years instead of 3 years? (So I wouldn't pay for an extra year this way)

Or if I pay 3 years of IHS would I get a partial IHS refund for the time that I didn't use when I apply for ILR in December 2023?

Kind regards,

Gizem

[zimba]

The IHS must match the length of the visa that will be issued. You cannot get a shorter visa hence must pay the IHS fees for the visa period of 3 years

[gizz03]

I see, thank you very much for clarifying this Zimba!

Lastly, could you please confirm this one as well?

Is it okay if I enter the dates below then (as these numbers are only for calculating the fees for 3 years of IHS)?

Work start: 1 September 2022
Work ends: 1 September 2025
Visa expiry date: 1 September 2025

Kind regards,
Gizem

[zimba]

The dates do not matter as I said. If the system calculates three years of IHS then it is good

[gizz03]

We entered the specified dates above and the IHS system wanted to charge us for 3.5 years (an extra 312 pounds for no reason). (I later checked that due to the leap year in 2024, there are 3 years and 1 day between 1st Sep 2022 and 1st Sep 2025) We sent an email to ApplyOnlineE-Support@homeoffice.gov.uk on Thursday evening to correct this mistake, but we haven't got a response yet.

We are kind of running out of time so I was wondering if I could start a whole new application even though there's one that we signed off declaration but haven't paid and submitted yet.

[zimba]

We entered the specified dates above and the IHS system wanted to charge us for 3.5 years (an extra 312 pounds for no reason). (I later checked that due to the leap year in 2024, there are 3 years and 1 day between 1st Sep 2022 and 1st Sep 2025) We sent an email to ApplyOnlineE-Support@homeoffice.gov.uk on Thursday evening to correct this mistake, but we haven't got a response yet.

We are kind of running out of time so I was wondering if I could start a whole new application even though there's one that we signed off declaration but haven't paid and submitted yet.

You may not get any response from them. Note that any extra IHS fees paid will be refunded later to you so overpaying is better than underpaying. I suggest moving ahead with your application. You may start a new application if you have not paid/submitted one already.

[gizz03]

Hello,

A little update. I applied for a visa extension on 11 August. I was told that I would get a response within 8 weeks and it has been 8 weeks as of today and I still haven't got any response from the visa office.

When I applied for an extension 2 years ago December 2020 (while pandemic was raging), I got my BRP card in a week. Now it has been 8 weeks and there is no update whatsoever. It has passed the normal waiting time, I am a bit worried at this point.

What can I do to learn about the application status?

Thank you very much,

Gizem

[Ticktack]

Hello,

A little update. I applied for a visa extension on 11 August. I was told that I would get a response within 8 weeks and it has been 8 weeks as of today and I still haven't got any response from the visa office.

When I applied for an extension 2 years ago December 2020 (while pandemic was raging), I got my BRP card in a week. Now it has been 8 weeks and there is no update whatsoever. It has passed the normal waiting time, I am a bit worried at this point.

What can I do to learn about the application status?

Thank you very much,

Gizem

Nothing takes the normal stipulated time anymore. Be prepared to wait extra. You might want to check out the timeline threads and see how bad things look.

Welcome to the new normal.

[gizz03]

Hello,

Thank you so much for your reply! I just checked out the timeline threads, and the waiting time doesn't look good :/

Do you know what is the reason for these delays lately?

Best,

Gizem

[zimba]

Hello,

Thank you so much for your reply! I just checked out the timeline threads, and the waiting time doesn't look good :/

Do you know what is the reason for these delays lately?

Best,

Gizem

We cannot tell you what to expect. Wait to hear back