Tier 2 PBS dependent visa

[Rajmahesh]

Hi,

My current Tier 2 ICT visa is coming to end on 18-Aug-2020 (as per BRP). I have a new CoS approved for 2 years and an extension request has been submitted but not approved yet.
My spouse (currently in Canada) applied for a dependent visa in March 2020 but before she could make an appointment, VFS around the world had closed due to Covid-19. Now that the centres are opening, we wanted to apply but since my current visa is coming to an end and the extension is not approved yet and not sure when it will be processed given the current situation, Could you please assist in below questions?

- Can she apply with my old CoS# and provide clarification? or
- Can she apply with my new CoS# and provide clarification? or
- Should she wait until my extension gets approved?

Regards,
Raj

[Rajmahesh]

I understand that most ideal thing is to wait until my extension is approved and then apply for my wife's dependent visa. But considering the uncertainty of when it will be approved with all the backlogs caused due to covid-19 and the fact that she is stuck in a foreign country without a job, i just want to check if anyone has any alternate suggestion.

Is it allowed for her to come on a UK visitor visa and stay in UK until my extension is approved and then she can apply for dependent visa? What confuses me about this is the statement mentioned on the gov site.
"Your family members cannot apply in the UK as your dependent if they hold a visitor visa"
Source: https://www.gov.uk/tier-2-intracompany- ... ly-members

Does it mean she has to leave the country if she has to apply for a dependent visa or does it mean she cannot apply for a dependent visa while holding a valid visitor visa?

[CR001]

She cannot apply for a dependent visa while here as a visitor. She will still have to return to her home country to apply.

[Rajmahesh]

Thanks for the response, CR001.
If I understand it right, she can come to UK on visitor visa while i'm waiting for my extension approval. Once it is approved, she can travel back to home country and apply immediately for her dependent visa and once its approved she can travel to UK again, did I get this right?

[CR001]

Yes, provided she can get a visitor visa. She has to prove strong ties to home country, which is difficult when her spouse is living and working in the UK.

[Rajmahesh]

Thanks for the clarification, CR001. So, I guess the best thing for her to do now is wait until my extension gets approved.
Thanks.

[CR001]

Probably the best yes.