Child's visa status

[priaraj]

Hi friends,
I am on a tier 2 G visa for 5 years..due to unforeseen circumstances, I might have to move into a tier 2 dependent visa ( my hubby is getting a sponsorship). In this case, what happens to my child's visa status? Can he continue on the earlier PBS dependent visa or will he have to apply for a new one? Please advise.

[CR001]

In this case, what happens to my child's visa status?

Child also has to switch visas.

Can he continue on the earlier PBS dependent visa

No as the child is dependent on your tier 2 and if you don't hold a tier 2 then he can't either.

or will he have to apply for a new one?

Yes, you and child must apply for dependent visas together.

[priaraj]

Thanks for your response....Is there any official document or link where i can refer to this?

[priaraj]

In this case, what happens to my child's visa status?

Child also has to switch visas.

Can he continue on the earlier PBS dependent visa

No as the child is dependent on your tier 2 and if you don't hold a tier 2 then he can't either.

or will he have to apply for a new one?

Yes, you and child must apply for dependent visas together.

Also, does it mean we have to pay for IHS again? Will i get a refund from the previous application?

[CR001]

It is logical and common sense that if the parent whose visa the child is dependent on changes visas, the child also has to change visa. Immigration rules part 8, 319F onwards, specifically 319H, is relevant to children of PBS migrants. If you do not apply with the child, HO will likely ask about why the child is not included in your dependent visa application, as for visa/immigration purposes, the child is not dependent on anyones visa.

https://www.gov.uk/guidance/immigration ... ly-members

The child would only be able to remain on their current visa if you had ILR through Tier 2 general route.

Yes you have to pay IHS again.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[priaraj]

It is always good to have an official document to refer to rather than rely on logic and common sense especially when it comes to the Home Office. Thank you for your help