Tier 2 General Visa Change of Employment & Dependent visa

[kmn]

Hello,
I am also in the similar situation. My current Tier 2 General visa expires on 30/11/2016 and My family (Spouse & Child) Tier 2 Partner/Child visa also expires in the same date.
Now I got a new Sponsorship from new Employer in which the start date is 17/05/2015 and valid for 3 years.
My questions are
1. Is it possible to apply extension of T2 dependant for my Spouse and Child after my visa extended/stamped?
2. Once my visa changed to new sponsor with the start date of 17/05/2015, Will the dependant visa also be cancelled irrespective of their previous visa valid until 30/11/2016?
3. In the Premium service, Is it possible to apply only main applicant for the Premium Service and other dependants can apply as normal? (This case all the applications will be submitted together)
4. My plan is to use Premium service for myself(main applicant) and get the visa stamped in the same day and apply dependent visa in next few days. Is this correct?

Please help me in these regards
Thanks in advance

[dependant101]

Hi khm,
I am in a similar situation as you. How did you submit the application for your dependant? If you could share your experience, that would be really helpful!

Thanks!

[manci]

Hi khm,
I am in a similar situation as you. How did you submit the application for your dependant? If you could share your experience, that would be really helpful!
PBS dependant visas remain valid until their expiry dates, no need to apply for extension if you change T2 employment.

Thanks!

[dependant101]

Hi Manci,
I am quite surprised to hear that. I called the Home Office help line and first the person said the same thing, that the dependant does not need to re-apply. When I asked him if he was sure, then he fumbled and said that someone will call me back with the correct information.

A few hours later I received a call from the call center, and a lady said that they have looked in to it, and the dependant will need to apply as well and that it's essential the dependant applies at the same time main applicant.

On the Gov.uk website there isn't any clarity about what a dependant will have to do on change of employment, but the only thing about dependants is written that it's recommended that they apply with the main applicant but can apply later as well.

I was hoping for a written source of information in immigration rules about what to do in this situation.

Thanks!

[manci]

Hi Manci,
I am quite surprised to hear that. I called the Home Office help line and first the person said the same thing, that the dependant does not need to re-apply. When I asked him if he was sure, then he fumbled and said that someone will call me back with the correct information.

A few hours later I received a call from the call center, and a lady said that they have looked in to it, and the dependant will need to apply as well and that it's essential the dependant applies at the same time main applicant.

On the Gov.uk website there isn't any clarity about what a dependant will have to do on change of employment, but the only thing about dependants is written that it's recommended that they apply with the main applicant but can apply later as well.

I was hoping for a written source of information in immigration rules about what to do in this situation.

Immigration Rule 319D (a) (i):
Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant

See also a post by Frontier Mole (17/09/2014):

The dependants first grant of leave will be in line with the main applicants leave. That leave continues until it expires unless the main applicants leave is curtailed.
There is no requirement to reapply for dependent leave because there has been a change of employer.
The dependent visa is not linked to Sponsor only the main applicant is.


Thanks!

[praveen_d]

Hi khm,
I am in a similar situation as you. How did you submit the application for your dependant? If you could share your experience, that would be really helpful!
PBS dependant visas remain valid until their expiry dates, no need to apply for extension if you change T2 employment.

Thanks!

Hi Manci,
What happened to your case ?. Do we need to make fresh application for dependent also when we chnage the employer on T2 general ? Did you apply for dependent also when you changed the employer?. pls reply.

[dependant101]

Thanks Manci! I have gone through previous posts by Frontier Mole, and what I have deduced is that there is no clear guidelines whether a dependant needs to reapply or not. Based on that, it is assumed that the dependant doesn't need to reapply.

I am not sure if either of you work in this field, but if you do, have you seen any cases where the dependant didn't reapply and didn't cause any red flags with UKVI?

Thanks!

[manci]

Thanks Manci! I have gone through previous posts by Frontier Mole, and what I have deduced is that there is no clear guidelines whether a dependant needs to reapply or not. Based on that, it is assumed that the dependant doesn't need to reapply.
if a requirement is not stated in the rules then it doesn't exist. See also this document:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

I am not sure if either of you work in this field, but if you do, have you seen any cases where the dependant didn't reapply and didn't cause any red flags with UKVI?
suggest you search the forum

The advice from immigration enquiry bureau in Croydon is not always reliable. Call them again and if they come up with the same advice as before ask them for a reference in the Immigration Rules
Thanks!

[talk2ram.28]

Dependent visa is always tied to the main applicant's visa. You may seek advice from lawyers and they will confirm that the dependents also need to apply even if they have leave to remain for the mentioned period.

[kennyola7]

Letter from UKVI......................

Dear Madam,


Thank you for your email correspondence of 29 May.

If a Tier 2 migrant changes their leave in anyway, their dependants should also amend their leave to be brought in line. This is because a dependants leave is always granted on the basis of the relevant Migrants situation. Once a new application is made, expiry dates are almost always different to their previous grant of leave.

If the dependant does not apply and continues on their current PBS dependant leave and UKVI become aware that the main Tier 2 migrant is no longer working for the ‘old’ employer, any leave issued to the dependant(s) would possibly be curtailed. This could lead to being in the UK without valid leave and also could lead to the dependant being refused entry to the UK if they were to travel.

I hope this information is helpful.


Yours faithfully,


Liz Smith
UK Visas & Immigration

[manci]

Letter from UKVI......................

Dear Madam,


Thank you for your email correspondence of 29 May.

If a Tier 2 migrant changes their leave in anyway, their dependants should also amend their leave to be brought in line. This is because a dependants leave is always granted on the basis of the relevant Migrants situation. Once a new application is made, expiry dates are almost always different to their previous grant of leave.

If the dependant does not apply and continues on their current PBS dependant leave and UKVI become aware that the main Tier 2 migrant is no longer working for the ‘old’ employer, any leave issued to the dependant(s) would possibly be curtailed. This could lead to being in the UK without valid leave and also could lead to the dependant being refused entry to the UK if they were to travel.

I hope this information is helpful.


Yours faithfully,


Liz Smith
UK Visas & Immigration

could you please provide the address this email or letter came from

[avi]

Hi Manci,

The above letter of homeoffice is from the link which i shared with you in a previous post,
https://www.whatdotheyknow.com/request/ ... _mandatory

It was asked in www.whatdotheyknow.com

As i can see from the link, It is from Croydon homeoffice

Do you still think dependents don't need to apply ?


Thanks

Avi