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Dependent Visa Renewal on Spouse's ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Jinxd1995
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Joined: Sat Jun 08, 2024 2:28 pm
India

Dependent Visa Renewal on Spouse's ILR

Post by Jinxd1995 » Sat Jun 08, 2024 2:50 pm

Hi,

If somebody could guide on the renewal of my spouse Dependent visa on my ILR application

My Visa dates
Tier 2 - September 2019
ILR - September 2024

My Spouse's date
Tier 2 Depdendent - January 2023

So do I need to apply for my husband's extension after my ILR application or simultaneously? or I can apply for an extension earlier (Which may not be possible as my visa expires in September)

Also, I believe only 3 year extensions are granted to a dependent which may not be enough for his ILR eligibility. Will I have to take two 3 year extensions and pay IHS for 6 years instead of 3 years 4 months that he needs as IHS will not be refunded when applying for his ILR.

Alternatively, can I apply for an extension in August with my ILR and get it for 3 years and then apply again in Janauary for 3 years (getting a refund of 2 1/2 years IHS from earlier application as it will be an Tier 2 dependent extension)

Does he have to change from a tier 2 dependent to a family/spouse visa (Does it reset ILR counter?)

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CR001
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Re: Dependent Visa Renewal on Spouse's ILR

Post by CR001 » Sat Jun 08, 2024 3:09 pm

When do both visas expire?
So do I need to apply for my husband's extension after my ILR application or simultaneously? or I can apply for an extension earlier (Which may not be possible as my visa expires in September)
Depends when his visa expires. Pointless applying before you get ILR as he will simply get a visa with the same visa expiry he currently has. You can both apply at the same time, his application will be held until your ILR application has been processed and decided, only then will they process his dependent extension. He can apply after your ILR, but again, depends when his current visa expires.
Also, I believe only 3 year extensions are granted to a dependent which may not be enough for his ILR eligibility. Will I have to take two 3 year extensions and pay IHS for 6 years instead of 3 years 4 months that he needs as IHS will not be refunded when applying for his ILR.
Depends when his current visa expires (usually helpful to post important details)! No refund if he applies for ILR. It is also not mandatory for him to apply for ILR at exactly 5 years if he has time left on his visa at that stage.
Alternatively, can I apply for an extension in August with my ILR and get it for 3 years and then apply again in Janauary for 3 years (getting a refund of 2 1/2 years IHS from earlier application as it will be an Tier 2 dependent extension)
Why would you do that? You risk not getting a refund at all or the application simply being rejected due to a long visa length in the same visa category.
Does he have to change from a tier 2 dependent to a family/spouse visa (Does it reset ILR counter?)
No, he does not have to change. If he does, yes it resets the 5 year ILR clock to zero.
Char (CR001 not Casa)
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Jinxd1995
Newly Registered
Posts: 2
Joined: Sat Jun 08, 2024 2:28 pm
India

Re: Dependent Visa Renewal on Spouse's ILR

Post by Jinxd1995 » Sat Jun 08, 2024 3:25 pm

Hi,

Appreciate the response.

I will attach more details

First entry - 28th December 2022
Visa Expiry - 5th September 2024
Period to ILR - 3 years 4 months

So if I apply for an extension to his visa in august with my application, then he will ideally be able to receive it till August 2027. And to avoid having to pay 3 years IHS fee for only a 3 month required for an ILR. I was thinking to apply for an tier 2 depdent extension again in January 2025 so that he can get his extended till January 2028 (Pay 3 years IHS) and receive a refund on 2 1/2 year IHS (As it's not an ILR switch but only a dependent extension).

You mention that there is a possibility of the application being rejected because of a long-term visa already being granted. I read that you are free to apply for an extension at any point so I was not aware there is a possibility to get rejected if you already have a long time left on your current one.

I

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