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Skilled worker dependent visa - Family Consent form

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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kbc
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Tier 2 dependent visa advice

Post by kbc » Mon Aug 07, 2023 6:15 pm

Hello Everyone,

I am seeking advice regarding obtaining a 5-year Skilled Worker visa for my dependents. I have been on a Skilled Worker visa for the past 2 years and am planning to change jobs. The new employer is offering a 5-year visa. Since I intend to bring my family to the UK, I want to apply for a 5-year visa for them as well, to make them eligible for ILR without the need to transition to ILR dependent status. This is because I will be eligible for ILR after 3 years.

I have a question about "Calculating the specified continuous period":

For instance, if the visa is granted from September 18th, 2023, to September 18th, 2028 (for 5 years), and the vignette allows travel within 3 months. What would happen if my dependents travel just before the vignette expires? Would they still meet the criteria for ILR eligibility of 5 years? Or, because they landed in the UK later than the actual visa start date (September 18th), would they fall short by a couple of months, necessitating the need to reapply as my dependents and wait a few more months before applying for ILR?

I am aiming to avoid multiple visa applications to minimize costs. Your prompt attention and guidance on this matter would be greatly appreciated.

Thank you in advance.

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Re: Tier 2 dependent visa advice

Post by CR001 » Mon Aug 07, 2023 6:38 pm

Skilled Worker Dependents qualifying period for ILR starts from the date the initial visa is ISSUED and not the date of entry to the UK.
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Re: Tier 2 dependent visa advice

Post by AmazonianX » Mon Aug 07, 2023 7:01 pm

kbc wrote:
Mon Aug 07, 2023 6:15 pm
Hello Everyone,

I am seeking advice regarding obtaining a 5-year Skilled Worker visa for my dependents. I have been on a Skilled Worker visa for the past 2 years and am planning to change jobs. The new employer is offering a 5-year visa. Since I intend to bring my family to the UK, I want to apply for a 5-year visa for them as well, to make them eligible for ILR without the need to transition to ILR dependent status. This is because I will be eligible for ILR after 3 years.

I have a question about "Calculating the specified continuous period":

For instance, if the visa is granted from September 18th, 2023, to September 18th, 2028 (for 5 years), and the vignette allows travel within 3 months. What would happen if my dependents travel just before the vignette expires? Would they still meet the criteria for ILR eligibility of 5 years? Yes Or, because they landed in the UK later than the actual visa start date (September 18th), would they fall short by a couple of months, necessitating the need to reapply as my dependents and wait a few more months before applying for ILR? No

I am aiming to avoid multiple visa applications to minimize costs. Your prompt attention and guidance on this matter would be greatly appreciated.

Thank you in advance.

kbc
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Re: Tier 2 dependent visa advice

Post by kbc » Mon Aug 07, 2023 8:32 pm

Thank you for your swift response.

Regarding the "Date you first entered the UK" when filing for ILR, should we provide the visa ISSUE date rather than the date of our actual entry into the UK?

Your clarification would be much appreciated.

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Re: Tier 2 dependent visa advice

Post by kbc » Mon Aug 07, 2023 8:37 pm

Furthermore, considering my eligibility for ILR after 3 years (with 2 years already completed), and given that I am applying for a 5-year visa for my dependents, is there any potential for the reimbursement of the IHS fee once i get ILR?

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Re: Tier 2 dependent visa advice

Post by CR001 » Mon Aug 07, 2023 9:41 pm

No reimbursement of ihs if you get ilr.

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
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Tier 2 dependent visa advice

Post by kbc » Mon Aug 07, 2023 10:29 pm

Thank you for your swift response.

Regarding the "Date you first entered the UK" when filing for ILR, should we provide the visa ISSUE date rather than the date of our actual entry into the UK? So that it will have 5 years period ?

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Re: Tier 2 dependent visa advice

Post by meself2 » Mon Aug 07, 2023 11:41 pm

You've asked when you entered the UK - answer when you arrived in country.
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Re: Tier 2 dependent visa advice

Post by AmazonianX » Tue Aug 08, 2023 1:18 am

kbc wrote:
Mon Aug 07, 2023 10:29 pm
Thank you for your swift response.

Regarding the "Date you first entered the UK" when filing for ILR, should we provide the visa ISSUE date rather than the date of our actual entry into the UK? So that it will have 5 years period ?
HO have the details of thos already and some of the questions are just to see that ot corroborates what's on file already. So just state the date you crossed UK fr your initial entry.

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Re: Tier 2 dependent visa advice

Post by kbc » Tue Aug 08, 2023 1:58 pm

Thanks much for the guidance so far

I am also exploring options to go with 3Y skilled worker visa

Can a Skilled Worker dependent switch to a Family Partner/Child visa within the UK and combine the time spent (3 years Skilled Worker + 2.5 years Family Partner/Child) for ILR eligibility?

Post 3 years, both my ILR application and the transition of dependents to Family Partner/Child visas coincide. Delays on my ILR could affect the Family visa applications. Any advice on the best approach to manage this situation?

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Re: Tier 2 dependent visa advice

Post by meself2 » Tue Aug 08, 2023 2:23 pm

kbc wrote:
Tue Aug 08, 2023 1:58 pm
Can a Skilled Worker dependent switch to a Family Partner/Child visa within the UK
They can switch, but ILR clock restarts from scratch if they do.

They can extend their PBS dependent visas for another 3 years.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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Re: Tier 2 dependent visa advice

Post by kbc » Tue Aug 08, 2023 2:42 pm

Thanks you, i am not aware of this. Can you help me understanding the below

How can my dependents transition to PBS dependent visas when I, as the main applicant, move to ILR?

Does this imply that we need a new sponsor/visa to extend my skilled worker visa for another 3 years, and also extending the dependent visa along with me?

Are there alternative approaches to effectively manage this situation where I attain ILR in 3 years while my family requires an additional 2 years to become eligible for ILR? During this period (first 3Y), they will be on Skilled Worker dependents visas.

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Re: Tier 2 dependent visa advice

Post by meself2 » Tue Aug 08, 2023 2:48 pm

kbc wrote:
Tue Aug 08, 2023 2:42 pm
How can my dependents transition to PBS dependent visas when I, as the main applicant, move to ILR?
They can extend their dependant visa for another 3 years when you're applying for/got ILR.
https://www.gov.uk/guidance/immigration ... led-worker
Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker
SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.
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Re: Tier 2 dependent visa advice

Post by kbc » Tue Aug 08, 2023 3:16 pm

Thanks again :)

Its not very clear for child, will they able to extend to PBS dependent child like partner ? As per SW 36.2, both parents need to have settlement for child visa extension ?

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Re: Tier 2 dependent visa advice

Post by meself2 » Tue Aug 08, 2023 3:23 pm

kbc wrote:
Tue Aug 08, 2023 3:16 pm
Thanks again :)

Its not very clear for child, will they able to extend to PBS dependent child like partner ? As per SW 36.2, both parents need to have settlement for child visa extension ?
You're reading it slightly wrong. Let's go over this again:
SW 36.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years
According to part highlighted, child will get permission in line with permission of less privileged partner; as your wife will get 3 years' permission, child should get permission for 3 years as well. Hopefully, that makes it clear.

What you mentioned applies if both parents have no end date for permission.
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Re: Tier 2 dependent visa advice

Post by kbc » Tue Aug 08, 2023 4:44 pm

May be last few points needed some clarity

Can both my partner and child apply for their skilled worker dependent extensions together?

Post 3 years, both my ILR application and the dependents visa extension (Skilled Worker) . Delays on my ILR could affect the Family visa applications. Any advice on the best approach to manage this situation?

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Re: Tier 2 dependent visa advice

Post by meself2 » Tue Aug 08, 2023 4:52 pm

Can you specify what exactly is unclear?
kbc wrote:
Tue Aug 08, 2023 4:44 pm
Can both my partner and child apply for their skilled worker dependent extensions together?
Yes.
kbc wrote:
Tue Aug 08, 2023 4:44 pm
Delays on my ILR could affect the Family visa applications.
You don't need to deal with family visa applications, as we've established - you can extend their dependant visa for 3 more years so their ILR clock doesn't reset to zero.
If you've applied for ILR, I would expect that your dependents' applications will be not processed until you, as a main applicant, has received your outcome.
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Re: Tier 2 dependent visa advice

Post by kbc » Tue Aug 08, 2023 6:09 pm

Sorry if it is duplicate

Here's my situation:

I've held a Skilled Worker visa for 2 years and am considering changing jobs. My plan is to take a 3-year visa and bring my family (Spouse and Kids) on skilled worker dependents. Their 5-year tenure for ILR will start from there.


Here is my understanding:

After 3 years, I'll apply for ILR, and my family (Spouse and Kids) needed to apply for extension
My understanding is that I should apply for ILR first and receive confirmation before applying for family (Spouse and Kids)


Here is the clarity needed:

To what visa they needed to be extended without loosing ILR eligibility ? Skilled worker depends ?
What should I do if there's a delay in my ILR decision as i need to apply for extension for my spouse and kids ?
Is there a way to proceed with my Spouse and Kids' extension applications in such a situation?
What's the recommended approach to manage this scenario effectively?

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Re: Tier 2 dependent visa advice

Post by CR001 » Tue Aug 08, 2023 6:16 pm

To what visa they needed to be extended without loosing ILR eligibility ? Skilled worker depends ?
Skilled Worker Dependent visas as has already been advised!
What should I do if there's a delay in my ILR decision as i need to apply for extension for my spouse and kids ?
They MUST apply for an extension BEFORE their visas expire. If your ILR is still pending, their applications will also be pending until your ILR is granted. This has also already been advised!
Is there a way to proceed with my Spouse and Kids' extension applications in such a situation?
They CANNOT get an approved Skilled Worker Dependent visa extension if your ILR is pending. They CAN however apply for an extension.
What's the recommended approach to manage this scenario effectively?
Apply for ILR. Apply for their extensions either at the same time or before their visas expire, regardless of your ILR being decided or not. If your ILR is still being processed, their applications will simply be held until yours is decided.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Tier 2 dependent visa advice

Post by kbc » Thu Aug 10, 2023 11:58 am

Thank you very much for your invaluable assistance in helping me understand the process. Your guidance is greatly appreciated.

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Skilled worker dependent visa

Post by kbc » Thu Aug 10, 2023 12:58 pm

Hello Board,

I'm seeking advice on the best approach for applying for a Skilled Worker Dependent visa.

Here's my situation:
My wife and child have a Skilled Worker Dependent visa until Aug/2024, but they have been away for more than 6 months. In the meantime, we welcomed our second child, and they are now planning to return to the UK.
I have been on a Skilled Worker visa for the past 2 years and recently received a 3-year visa from a new employer.

Here's my understanding:
Since my wife and first child have been away for more than 6 months, the clock for ILR eligibility is reset.
To bring them to the UK, I need to apply for a 3-year Skilled Worker Dependent visa.
After three years, I will achieve ILR, and my family will extend their visa for another 3 years to become eligible for ILR.

Here are the points I am looking for some clarity:
1. Are there any exceptions to ILR eligibility due to their absence of 6 months?
2. Can the existing Skilled Worker Dependent visa be extended from India?
3. What's the best approach? Applying for new dependent visas for all three or extending the visa for my wife and one child while applying for a new visa for the second child?
4. Are there any tentative timelines for the upcoming visa rate increases?
5. How early can my family apply for their dependent visas from India? Can they apply 4-6 months in advance?
6. What is the official reference link on the gov.uk website to apply for a NEW Skilled Worker Dependent visa?
7. What is the official reference link on the gov.uk website to apply for an EXTENSION of the Skilled Worker Dependent visa?

Thank you in advance for your valuable guidance.

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Re: Tier 2 dependent visa advice

Post by meself2 » Thu Aug 10, 2023 1:00 pm

Topics merged into the previous post to give other members more context. Please stick to your existing thread.
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Re: Skilled worker dependent visa

Post by AmazonianX » Thu Aug 10, 2023 1:15 pm

kbc wrote:
Thu Aug 10, 2023 12:58 pm
Hello Board,

I'm seeking advice on the best approach for applying for a Skilled Worker Dependent visa.

Here's my situation:
My wife and child have a Skilled Worker Dependent visa until Aug/2024, but they have been away for more than 6 months. In the meantime, we welcomed our second child, and they are now planning to return to the UK.
I have been on a Skilled Worker visa for the past 2 years and recently received a 3-year visa from a new employer.

Here's my understanding:
Since my wife and first child have been away for more than 6 months, the clock for ILR eligibility is reset.
To bring them to the UK, I need to apply for a 3-year Skilled Worker Dependent visa.
After three years, I will achieve ILR, and my family will extend their visa for another 3 years to become eligible for ILR.

Here are the points I am looking for some clarity:
1. Are there any exceptions to ILR eligibility due to their absence of 6 months? What's the exceptional circumstances that will make them to be considered as such if possible?
2. Can the existing Skilled Worker Dependent visa be extended from India? No
3. What's the best approach? Applying for new dependent visas for all three or extending the visa for my wife and one child while applying for a new visa for the second child?
4. Are there any tentative timelines for the upcoming visa rate increases? [None in the public domain
5. How early can my family apply for their dependent visas from India? Can they apply 4-6 months in advance? In advance of what? It depends on you.
6. What is the official reference link on the gov.uk website to apply for a NEW Skilled Worker Dependent visa? Use Google search
7. What is the official reference link on the gov.uk website to apply for an EXTENSION of the Skilled Worker Dependent visa? Use Google search

Thank you in advance for your valuable guidance.
Nearly all your questions already answered in some ways from the previous thread now merged.

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Re: Tier 2 dependent visa advice

Post by kbc » Thu Aug 10, 2023 10:28 pm

Thanks for the response

What is the earliest time frame for applying for a skilled worker dependent visa based on the planned travel date? For instance, if the intended travel is in January 2024, can the visa application be submitted now, specifying the exact travel date?

Thanks

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Re: Tier 2 dependent visa advice

Post by CR001 » Thu Aug 10, 2023 10:31 pm

You can only apply for visa 3 months in advance of travelling. The initial visa sticker, if approved, will only be valid for travel for 90 days to facilitate entry to the UK. The visa is usually valid from date of decision.
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