Tier 2 for child dependant- not straightforward !

[omarmansour]

Hi,

My wife is here in the UK on a Tier 2 visa (1.9.2022), whilst i am on a Tier 5 YMS (expires 31st August 2020 due to COVID). Our son was born in the UK, and when we applied for his Tier 2 dependant visa, it was issued with an expiry date similar to mine (the shortest).

Now, as my leave expires, I will most likely have to leave the UK and apply for a Tier 4 visa. Could anyone help with my son's situation? If we apply for a tier 2 extension now inside the UK, would it be issued with an expiry date similar to his mom, or UKVI will still cap it at 31/8?

Any help will be appreciated.

Thanks
Omar

[CR001]

My wife is here in the UK on a Tier 2 visa (1.9.2022), whilst i am on a Tier 5 YMS (expires 31st August 2020 due to COVID). Our son was born in the UK, and when we applied for his Tier 2 dependant visa, it was issued with an expiry date similar to mine (the shortest).

That is normal, the child is usually granted leave to remain in line with the parents whose visa expires first. This is stated in the Immigration Rules, para 319I(a)(i)

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

319I. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for:
(i) a period which expires on the same day as the leave granted to the parent whose leave expires first, or

Now, as my leave expires, I will most likely have to leave the UK and apply for a Tier 4 visa. Could anyone help with my son's situation? If we apply for a tier 2 extension now inside the UK, would it be issued with an expiry date similar to his mom, or UKVI will still cap it at 31/8?

To apply for a PBS Dependent visa for a child, BOTH parents are usually required to have a valid visa and be present in the UK. This is also stated in the Immigration Rules, para 319H(f)

(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.

Why did you not apply for a tier 2 dependent visa, as you would be free to study on this visa too?? I am aware of your other topic about Tier 4.

[omarmansour]

Hi CR001- Thanks a lot for your reply. The course I will be starting will be a PhD course (3 years at least- October 2023). My wife's visa expires 1 September 2022, so if I swap and be her dependant, wouldn't the university say No and require a full validity Tier 4 visa to complete the PhD programme ? Thanks

[CR001]

Hi CR001- Thanks a lot for your reply. The course I will be starting will be a PhD course (3 years at least- October 2023). My wife's visa expires 1 September 2022, so if I swap and be her dependant, wouldn't the university say No and require a full validity Tier 4 visa to complete the PhD programme ? Thanks

No. There is no mandatory requirement that you MUST be on tier 4 to study. You can study on a tier 2 dependent visa and your university fees will be the same. The universities know that tier 2 dependent visa holders can study and can apply for visa extensions etc.

You would NOT have to leave the UK to apply for a tier 2 dependent visa, you can switch within the UK.

[omarmansour]

I see what you mean, I will check with the university and that will be great if all works out !

So in the case, myself/my son would be able to swap/extend our leaves to remain at the same time in the UK with my wife as the sponsor for both of us?

If not, I will have to leave the UK with my son and apply from Canada for our visas?

[CR001]

So in the case, myself/my son would be able to swap/extend our leaves to remain at the same time in the UK with my wife as the sponsor for both of us?

Correct yes.

[omarmansour]

Great- thank you CR001- definitely another option to explore before deciding on what to do next.

[omarmansour]

Dear CR001- the university has confirmed that I can swap to tier 4 given some recent concessions by the government.

Now, would it be best if I swap to tier 4 and include my son as a dependent (he will be switching from Tier 2 dependent?). My concern is that If i switch to tier 4, and he applies for an extension for his Tier 2 dependent visa, it won't be OK as my Tier 4 application won't have been decisioned yet, so we won't meet the two parents having valid leave to remain condition...?

Any insights will be appreciated.