Leave to stay for Tier 2 Dependent Visa

[deepto99]

Hi,
I am currently on spouse dependent visa since April 2010. My wife is here on Tier 2 ICT and both our visas are valid till March 2012. But my wife's project allocation has ended in UK and she will have to go back to India immediately, although she will be working for the same company.
She has Multiple Entry Visa and may later come back if required on different project on the same visa. ( but no Guarantee she can come back soon)
I am working for a UK company on my dependent visa.
Can I stay and continue to work in UK even after my wife leaves?
If Not, what is the maximum no. of days I can remain in UK? Can I request Home office to allow me to stay for some time?

Urgently need your help on this.

Thanks,
Deepto

[geriatrix]

If the main migrant is leaving UK with no intention to return to the UK in the immediate future, then the dependant should not continue to remain in the UK in main migrant's absence.

Dependant's status in the UK is subject to the main migrant living/staying in the UK in accordance with the terms of his/her leave to enter / remain.

If the dependant wishes to stay in the UK, he/she must apply for entry clearance on his /her own merit(s) in an immigration category that he/she qualifies under.


regards

[SSEF]

Hi,
I am currently on spouse dependent visa since April 2010. My wife is here on Tier 2 ICT and both our visas are valid till March 2012. But my wife's project allocation has ended in UK and she will have to go back to India immediately, although she will be working for the same company.
She has Multiple Entry Visa and may later come back if required on different project on the same visa. ( but no Guarantee she can come back soon)
I am working for a UK company on my dependent visa.
Can I stay and continue to work in UK even after my wife leaves?
If Not, what is the maximum no. of days I can remain in UK? Can I request Home office to allow me to stay for some time?

Urgently need your help on this.

Thanks,
Deepto

If you are here on a dependent visa, the visa is no longer valid after your wife leaves the UK to go back to India. You do not hold a points based WP in your own right therefore your rights to work in the UK end when your wife leaves.

[deepto99]

Thanks for the quick reply. But is there a maximum period I can stay ( 60 days or whatever) after she leaves or do I have to leave on the same flight with her?

[deepto99]

If the main migrant is leaving UK with no intention to return to the UK in the immediate future, then the dependant should not continue to remain in the UK in main migrant's absence.

Dependant's status in the UK is subject to the main migrant living/staying in the UK in accordance with the terms of his/her leave to enter / remain.

If the dependant wishes to stay in the UK, he/she must apply for entry clearance on his /her own merit(s) in an immigration category that he/she qualifies under.


regards

Is there any category in which I can apply to remain even temporarily? Do you know of any precedence in which Tier 2 dependent who is employed here has stayed even after main visa holder has left UK ( but still employed with same company)?
The reason I am doubting is because She was transferred here to work at a client site and now that project is over and she will have to return to India to work for the same company.
She is on a Multiple Entry Visa valid till March 2012. When she returns her visa will not be cancelled as she may be asked to return for a different project on the same visa ( if it is still valid or within 6 months of her last day in UK).

[SSEF]

If the main migrant is leaving UK with no intention to return to the UK in the immediate future, then the dependant should not continue to remain in the UK in main migrant's absence.

Dependant's status in the UK is subject to the main migrant living/staying in the UK in accordance with the terms of his/her leave to enter / remain.

If the dependant wishes to stay in the UK, he/she must apply for entry clearance on his /her own merit(s) in an immigration category that he/she qualifies under.


regards

Is there any category in which I can apply to remain even temporarily? Do you know of any precedence in which Tier 2 dependent who is employed here has stayed even after main visa holder has left UK ( but still employed with same company)?
The reason I am doubting is because She was transferred here to work at a client site and now that project is over and she will have to return to India to work for the same company.
She is on a Multiple Entry Visa valid till March 2012. When she returns her visa will not be cancelled as she may be asked to return for a different project on the same visa ( if it is still valid or within 6 months of her last day in UK).

Hi you have already been told by two people, that when your wife leaves the UK because she has no valid reason to be here (her ITC contract has finished) then your rights to stay as a ITC dependent is no long valid. If you try to stay here you will be illegal and your employer will be liable for a fine of up to £10,000 for employing someone who does not hold a valid visa to engage in work in the UK.

[deepto99]

No no thats fine. I have already resigned and am also leaving UK. But I was just asking if I have to leave on the same flight with her or can I leave after 2 days? Would that be acceptable as it would make a lot of difference to me?
I just need to lnow this specific thing.

Thanks,
Deepto

[SSEF]

No no thats fine. I have already resigned and am also leaving UK. But I was just asking if I have to leave on the same flight with her or can I leave after 2 days? Would that be acceptable as it would make a lot of difference to me?
I just need to lnow this specific thing.

Thanks,
Deepto

Is there any category in which I can apply to remain even temporarily? Do you know of any precedence in which Tier 2 dependent who is employed here has stayed even after main visa holder has left UK ( but still employed with same company)?

That is not what you intimated in your other post (in bold above), you implied rather heavily, that you intended to remain and work in the UK on the off chance that your wife would come back because she has a multi entry visa until 2012. You were advised that this was not possible.

But if you are leaving then I dont expect IOs at the airport will quibble over 2 days, since you are leaving the UK.

[deepto99]

I am sorry about that. I mentioned temporarily but I understand how it could have been misleading.
Thank you very much for the information. That's all I needed to know.
Thanks,
Deepto

[Mmachir]

Hi,

Can someone help me with this tricky situation.
I moved here in August,to join my spouse on TIER2 ICT dependant visa.
I managed to get a job by December.

Initially my husbands project is valid till Dec 2014,but suddenly there are few restructuring in his company for which he has to go back to India and come again in a month.

As I am already working from past few days and I have a kid,who is already going to nursery,I am confused as what to do.
Can I stay here when my husband is out for a month,or should I leave,can someone please help with the information,so that I can plan my things accordingly.

Thanks,

[Andy12]

Hi,

Can someone help me with this tricky situation.
I moved here in August,to join my spouse on TIER2 ICT dependant visa.
I managed to get a job by December.

Initially my husbands project is valid till Dec 2014,but suddenly there are few restructuring in his company for which he has to go back to India and come again in a month.

As I am already working from past few days and I have a kid,who is already going to nursery,I am confused as what to do.
Can I stay here when my husband is out for a month,or should I leave,can someone please help with the information,so that I can plan my things accordingly.

Thanks,

If the main migrant is leaving UK with no intention to return to the UK in the immediate future, then the dependant should not continue to remain in the UK in main migrant's absence.

It is already said. Now if UKBA considers 1 month an immediate future or not, that is entirely a different question. I believe if your husband has proper documentation saying he will be back, you are good to stay. But do not make it 2 months or 3 months when you say 1 month. If there's a single percentage of chance of that happening, i.e. more than 1 month, you should go with him.

PS : These are entirely my ideas and general as a whole.

[Mmachir]

Yeah Andy,I am so very confused,I have set up everything like my job and kids nursery,and this has happened...

I cant dare to stay here illegally,I fear if I can stay,As you sugested,will get a written document that he would return in a month.

Thanks a lot.

[deepto99]

Yeah Andy,I am so very confused,I have set up everything like my job and kids nursery,and this has happened...

I cant dare to stay here illegally,I fear if I can stay,As you sugested,will get a written document that he would return in a month.

Thanks a lot.

Hello,
I was in your situation ( original post from me ), and in the end I left it up to my company's lawyers to find out if I could stay here legally while my spouse returned. You are allowed to stay up to 60 days after the main applicant leaves. If your husband returns within that time period, you have nothing to worry as long as he returns on the same visa on which you are his dependant.

Thanks,
Deepto

[vinny]

I think you can remain until your leave expires or is curtailed or you're subject to removal.

[samanthaa]

hi,

I am on dependent visa , my visa is valid till september 2016, but due to the completion of project , my husband have to go back to india (no plan to return to uk). May i know for how many days, dependant can stay in UK without main applicant?

[Casa]

60 days.

[samanthaa]

thank you for your repli "CASA" . but i have few more questions. are you sure about it? officially where can i find it? i mean in a written form. so that later i should not have any problem. actually i want to stay few more days as i had planned n booked everything needed to explore this country during summer as i know we won't come back here.

[Frontier Mole]

Technically if your spouse permanently leaves the UK and that becomes known to UKVI then as soon as he leaves you are in breach of the dependent visa conditions.
There is only a 60 day curtailment rule if there is a curtailment notice severed on the main applicant. Usually they serve both the main and the dependent at the same time BUT if he goes home and you remain in the UK at the point of curtailment consideration you instantly become an overstayer.

[samanthaa]

Thank you for the information. but may i know what is "Curtailment notice/ rule?"

[CR001]

Thank you for the information. but may i know what is "Curtailment notice/ rule?"

It is when the Home Office cancels your visa. Usually your spouse and dependents will be given 60 days to either find a new sponsor/visa or leave the UK.

But as Frontier Mole has said, your spouse leaving the UK permanently, means you will be in breach of your visa conditions as your visa is wholly dependent on your spouse being here.

[samanthaa]

Thank you for the information. but may i know what is "Curtailment notice/ rule?"

It is when the Home Office cancels your visa. Usually your spouse and dependents will be given 60 days to either find a new sponsor/visa or leave the UK.

But as Frontier Mole has said, your spouse leaving the UK permanently, means you will be in breach of your visa conditions as your visa is wholly dependent on your spouse being here.

Once again thank you for your replies.. Now i will pack my luggage too to travel with my husband.

[deepto99]

Once again thank you for your replies.. Now i will pack my luggage too to travel with my husband.

It is of course your decision to make. Ignoring the obvious practical situation of no one caring at border control while you leave UK with a valid Visa, all I can say is that I was in the exact same position as you are.
My spouse was on a Tier 2 ITC visa and her project ended and was asked to return and I had got a job on a dependent visa. The legal team of my FTSE 100 company inspected my case and came back with the finding that not only was I allowed to stay for another 60 days but I could work as well. Now, I don't believe that I was such an important resource for the company that the lawyers would try to find some dodgy loophole just so that I could work for them another 2 months.
I had stayed back and worked the next 2 months with my spouse in India. I came back to UK later on a different visa and both of us are settled here now.
A few things:
1. I don't mean to contradict what the experts have said here.
2. I also had the luxury of knowing that if there was ever a problem, it would not be my fault but the FTSE 100 company who would have to answer to Home Office.
3. The term permanently return may seem a bit left to interpretation. Will your spouse's company say that this person is to return to India and will never come back to work for us in UK on his current Visa? In a consultancy company, projects ending suddenly and starting again soon are a routine matter. It might happen that you go back and came back again on the same visa after 1 month because of a new assignment.

My intention is not to confuse you. Have a safe journey.

Thanks,
Deepto.

[CR001]

2. I also had the luxury of knowing that if there was ever a problem, it would not be my fault but the FTSE 100 company who would have to answer to Home Office.

It is and always will be, the visa holders responsibility to comply with their visa conditions. If you are now 'settled' as your post suggests, bear in mind that the rules have become harder and HO more strict in enforcing them, in addition to 'exit checks' now being done on departure.