Tier 2 General Dependent Visa Sub Type



  • My visa and CoS are for 5 years. Now a little more than 3 years are left on my visa ( 3 years and 2.5 months to be exact).
    My wife wants to apply for dependent visa and we are confused (as there is no clear guidance in the rules and application form on Visa4UK) whether she can apply for "dependent visa up to 3 years" or does she has to apply for "dependent visa up to 5 years"? We want to apply for 3 years one as fee is half and she is going to get 3 years anyway (as her visa expiry will align to mine).
    Can she apply for 3 years visa? If she can apply for 3 years visa,
    • Can she apply when more than 3 years are left on my visa and she adjusts her intended date of travel so that it falls within 3 years of my visa expiry? OR
    • She has to apply when less than 3 years are left on my visa (considering application date to be when application fee is paid)?

    Regards,
    Muaz


  • Immigration Adviser

    Good morning @Muaz

    Your wife's PBS dependent visa will be granted in line with your leave to remain. Her date of expiry will be the same as you have on your BRP card.

    Provided that after your 5 year qualifying period, you apply for Indefinite leave to remain on the basis of spending 5 years in working categories, your wife will be able to extend her PBS dependent visa for a further 2 years so that she will also meet the 5 year qualifying period.

    Due to the fact that you applied for a 5 year visa, your wife will have to pay the 5 year fee of £1174. However, if you make the application when there is less than 3 years remaining on your visa, you will get the extra cost refunded within 90 days of the decision.

    I would advise that you don't make the application until 3 years or less are remaining on your visa, adjusting the date of travel won't affect the cost as it is based on the date of application.



  • Hi @Jason,

    Thank you for the quick response. I really appreciate it!

    For the refund, does my wife has to apply for the refund or it will be done automatically e.g. like IHS?

    Just for my knowledge, If she would have applied for 3 years one, would her application be refused or UKVI will ask her to re-submit in correct visa sub-type (5 years)? If she was asked to re-submit, would they refund the previous fee?

    Regards,
    Muaz


  • Immigration Adviser

    @Muaz

    I'm very sorry for the delay in responding.

    It should be an automatic refund, however, if you do not receive this within 90 days then you should chase this up with the home office. You can call them at them on 03001232241 - they will be able to tell you the next steps to take if needed.

    It is difficult to say what course of action the Home Office would take with this as it is a unique situation. There is a chance that UKVI would overlook the fact that you had applied for 5 years originally, however, we would always advise not to take any chances when it comes to UKVI. The safest course of action would have been to apply for the 5 years, as you have done.


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