What are the implications of not switching Visa for dependants

[sassybee]

Hi all,

Hope we all doing well?

Please a quick question from me here.

I am currently on TIE visa till Feb 2020. I have been on TIE since Feb 2014 and ideally should qualify for ILR in Feb 2019 under the 5 years route. Note my 5yrs include 11+ mons waiting for extension application to be approved.

So my questions are:

1) If I switch to T2G now will I still qualify for ILR in Feb 2019?
2) What will be the implication for my dependants if I switch my visa without switching for them.

Thank You

[marcnath]

Hi all,

Hope we all doing well?

Please a quick question from me here.

I am currently on TIE visa till Feb 2020. I have been on TIE since Feb 2014 and ideally should qualify for ILR in Feb 2019 under the 5 years route. Note my 5yrs include 11+ mons waiting for extension application to be approved.

So my questions are:

1) If I switch to T2G now will I still qualify for ILR in Feb 2019?
2) What will be the implication for my dependants if I switch my visa without switching for them.

Thank You

1) Yes
2) That is unclear to me. But it looks like there should be no impact. The PBS dependant visa is always granted with the same expiry date as the expiry date of the main applicant. But once granted, I don't see any grounds for curtailment unless the main applicant's visa is also curtailed.

[sassybee]

Yes
2) That is unclear to me. But it looks like there should be no impact. The PBS dependant visa is always granted with the same expiry date as the expiry date of the main applicant. But once granted, I don't see any grounds for curtailment unless the main applicant's visa is also curtailed.

Thanks Marcnath.

Dependant have their Visa up till Feb 2020.

Just want to make sure that by me switching to T2G and not switching them over does not render their current dependant visa invalid.

Thanks

[marcnath]

Yes
2) That is unclear to me. But it looks like there should be no impact. The PBS dependant visa is always granted with the same expiry date as the expiry date of the main applicant. But once granted, I don't see any grounds for curtailment unless the main applicant's visa is also curtailed.

Thanks Marcnath.

Dependant have their Visa up till Feb 2020.

Just want to make sure that by me switching to T2G and not switching them over does not render their current dependant visa invalid.

Thanks

As I said before it is not very clear.
It might be worth taking legal advice.
If your dependants travel out and try to come in on T1E dependant while you are on T2G, the chances of being refused entry and having the visa cancelled is extremely high.
But if they remain in the country, it appears to be ok.

[sassybee]

Yes
2) That is unclear to me. But it looks like there should be no impact. The PBS dependant visa is always granted with the same expiry date as the expiry date of the main applicant. But once granted, I don't see any grounds for curtailment unless the main applicant's visa is also curtailed.

Thanks Marcnath.

Dependant have their Visa up till Feb 2020.

Just want to make sure that by me switching to T2G and not switching them over does not render their current dependant visa invalid.

Thanks

As I said before it is not very clear.
It might be worth taking legal advice.
If your dependants travel out and try to come in on T1E dependant while you are on T2G, the chances of being refused entry and having the visa cancelled is extremely high.
But if they remain in the country, it appears to be ok.

Thanks Marcnath,

Dependants will not be travelling.

One last question is; will my dependants still qualify for ILR at the same time as myself (considering they have been on T1E dependants for 5 years) or will my switching to T2G break the chain for them.

Thank You

[zimba]

The dependents should not be affected. They will remain on the correct route, the PBS dependant route, as you switch to Tier 2. They should be free to travel too. Curtailment and refusal can only happen if you as the main applicant lose your right to stay here and therefore they consequently will be affected.

[sassybee]

The dependents should not be affected. They will remain on the correct route, the PBS dependant route, as you switch to Tier 2. They should be free to travel too. Curtailment and refusal can only happen if you as the main applicant lose your right to stay here and therefore they consequently will be affected.

Thank you Zimba and Marcnath