Tier 2 dependant visa delay

[Mouli]

Hi all,
I have applied for tier 2 general and dependant visa for kids. I received my visa on 7th aug but its been 7 weeks now, i havent received my kids visa yet. Does anyone know any possible reason for this?
I have already escalated the issue twice, got vignette replacement and have received my passport back but the kids visa is still pending with no communication from UKVI.
How long can they hold the passport like this?
Husband is already in UK on tier 2 ict. He got his visa extended and received new brp on 1st sept.

[CR001]

When did he apply for his extension??

Have you informed ho that his extension was granted and provided evidence so that ho can proceed with the children's applications??

Children won't get a visa if both parents do not have valid visa for the UK.

[Mouli]

He applied for extension on 20th july. We applied kids visa on 30th july. He got his extension done on 1st sept. Ukvi never informed us that they are holding back kids passport because of extension and they never asked us anything. Should we still inform them that my husband got extension done?

[CR001]

Yes you should. Note also that extensions and entry clearance visa are dealt with by different departments. It is not HOs responsibility to run around and check things. You need to inform them and provide evidence of your husband's status.

Are you sure you have not received any email that is maybe sitting in spam or junk folders??

[Mouli]

We applied through a lawyer and she filed our applications and has her email id all over. She is saying she didnt receive anything.

[CR001]

And no letter or anything?? It is unusual as ho would either refuse outright or ask you for clarity and evidence of other parents status in the UK.

[Mouli]

No we didnt receive anything. Ukvi customer care keep telling us the status is decision awaited. We call our lawyer almost daily and she says that she hasnt received any communication and she herself is trying to approach ukvi with our case through her channel.
What you suggested about informing them about extension is very helpful.

[CR001]

Your lawyer should have explained this mandatory requirement of both parents having valid visa in the UK.

See 319H(f) of Immigrations Rules Part 8 - Family members of PBS route - Children

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

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

[CR001]

This was already advised when you asked the question in August!

uk-tier-2-employer-sponsored-visas/appl ... l#p1812308

Yes your husband might have had section 3c, but that does not guarantee his visa extension will be granted or successful.

[Mouli]

Hi,
Thanks for your help and advice. I provided my husbands extension details to ukvi but havent heard from them.
As my employer is reluctant to postpone my joining any further(which we are unsure of how long it will take), we have decided to withdraw my kids applications and reapply as my husbands dependant ( tier 2 ict dependant).
1. Will there be any issue with this?
2. How to proceed with the withdraw process and how long it will take to get back the passports?

[Mouli]

Hi,
I got message today that my kids passport are ready for collection.
I am thankful to you for suggesting to inform embassy about my husbands extension. I guess it worked.