Dependent Visa (Living together for 2 Years)?

[fatguyslim]

Hey everyone, my brother recently got married and his wife will soon be applying for Family Visa to join him in the UK. There is a likelihood that she might apply for the visa after 11th March. My brother got his Health and Care Visa last year in March. Wonder if this new law will affect his situation? For what I can see is that it will only affect Health care workers arriving after 11th March but I am not 100% sure. Would like to know what you guys have to say. Thanks in advance

[Casa]

Hey everyone, my brother recently got married and his wife will soon be applying for Family Visa to join him in the UK. There is a likelihood that she might apply for the visa after 11th March. My brother got his Health and Care Visa last year in March. Wonder if this new law will affect his situation? For what I can see is that it will only affect Health care workers arriving after 11th March but I am not 100% sure. Would like to know what you guys have to say. Thanks in advance

My understanding of the Parliamentary report is that this will only impact new arrivals on the Health Care visa from bringing dependents to join them in the UK. See below:

"Banning newly arriving care workers from bringing immediate family will happen on 11 March 2024."

https://commonslibrary.parliament.uk/re ... /cbp-9920/

Others may advise further.

[fatguyslim]

Thanks Casa, I read that article before I posted message on this forum. I just wanted to confirm if someone else has a different point of view.

[Casa]

Thanks Casa, I read that article before I posted message on this forum. I just wanted to confirm if someone else has a different point of view.

It's not an article as such. It's the official announcement from the Home Office/UK Parliament, setting out the terms for the new requirements.

In my honest opinion, this will only affect new Care Worker applicants after March 14th 2024, not those who are currently on a Care Worker visa in the UK. e.g Your brother.

Respected Guru @Frontier Mole may have more to add.

[fatguyslim]

Thanks again Casa. I am still hoping to apply for the visa before 11th March just to be on the safe side. Wonder if there is a checklist for health care workers apply for family visa's. Will get my brother to organise everything once we know what the case workers are asking for. I remember applying for family visa for my wife and the general checklist was usesless given they asked for bunch of other things after the application was submitted.

[Frontier Mole]

Your brothers spouse will be applying under skilled worker dependent. So the rules differ considerably from the family spouse route.

Those under the health care route for SOC 6145 - care worker are the targeted group to deny dependents. It may extend ti SOC 6146 senior care workers. I have yet to see the definitive policy document that specifically sets out the definitions to the scope of those that will be denied dependents. I expect it will be both of the SOC’s

Those already here under the above SOC’s have protected rights and will be allowed dependents. So there is no need to rush the application process to meet the March deadline.

Previous rules changes such as these have established that any COS issued before the deadline will attract the current rights to have dependents. COS issued on or after the deadline will not. This applies to defined COS only.

[fatguyslim]

Thanks Frontier, my brother has started the online application for his wife but like I said before the documents required in the official checklist rarely satisfy the case workers. Is there a checklist sub-thread on this forum?

[Frontier Mole]

There is no forum for checklists - if you hunt the forums you will find various lists of documents recommended. The skilled worker visa dependent route is not that onerous compared to spouse visa.

[fatguyslim]

Hey everyone, just found our that my sister-in-law has an ECR Indian passport. Just wondering if that would have any issue when applying for dependent visa?

[fatguyslim]

Hey Everyone, while filling in the online form for dependent visa, the Home Office ask for evidence of living together for 2 years from the dependent? I do not understand why they are asking for evidence of living together when it clearly states that it was an arranged marriage? Of course my brother and sister-in-law have been in contact since August 2023 but they only met for the first time on the day of their marriage. My brother is on Skilled Worker visa and my sister-in-law is now applying for her dependent visa. Obviously there is no way to provide evidence of living together given that it was an arranged marriage and it was arranged while my brother was still in the UK. I am not sure what evidence we can provide in this case?

[CR001]

Which form are they completing exactly?

[fatguyslim]

Which form are they completing exactly?

PBS, Start-up, Innovator or Global Talent – Partner visa. I thought this was the correct form?

[CR001]

Evidence of living together is only required if you apply as unmarried partners. If they have correctly put married in the form, ignore the 2 year evidence.

Also assuming they have physically met in person.

[fatguyslim]

I am not sure if you can see the image clearly but this is all the information they have entered in this application. The Home Office asks if the evidence of living together can be provided and they mentioned yes. Not sure how this question can be ignored though?

[fatguyslim]

They have mentioned everything in the form correctly and yes they met when they got married on 15th January 2024 and were living together since at our mother's place. My brother moved back to the UK on 24th Feb and now she is just about to file this application. In the document checklist however the Home Office wants to see the evidence of why they have lived apart for the last two years? Not sure what they are doing wrong for them to be asked this question?