Applying Tier 2 Dependent when Tier 1 is applied

smk2011 · Post by **smk2011** » Mon Mar 21, 2011 11:15 pm

Team,

My case is slightly different and I appreciate if any senior member can help me here.

-I have applied for Tier 1 Visa last week switching from Tier 2 (ICT) in UK.
-Since this is going to take a long time and wanted to bring my wife over here, planning to apply Tier 2 Dependent for my wife.

By any chance will my wife's Tier 2 Dependent application be rejected before mt Tier 1 is stamped, stating reason "Main application applied for Tier 1"??

Please help me here since I dont have much time to decide....

Regards,
SMK

smk2011 · Post by **smk2011** » Tue Mar 22, 2011 11:24 pm

Members,

Can anyone address this issue?

Post by **geriatrix** » Wed Mar 23, 2011 3:56 am

Until the day Tier 1 (General) leave to remain is issued to you, you remain a Tier 2 migrant.

Now, assuming UKBA in UK and UKVisas staff overseas have access to immigration status of all migrants (whether resident in UK or yet to enter UK):
1. If your wife's application is approved before a decision on your Tier 1 (General) application is taken, then your wife may be issued entry clearance as dependant of Tier 2 migrant subject to her meeting the immigration requirements.
2. The day you are issued a Tier 1 (General) leave to remain, your wife's entry clearance as dependant of Tier 2 migrant will become invalid (because you will no longer remain a Tier 2 migrant).
3. If a decision on your Tier 1 (General) is taken before your wife's dependant application is decided, then she may be refused entry clearance as dependant of Tier 2 migrant (since you will no longer remain a Tier 2 migrant).

smk2011 · Post by **smk2011** » Wed Mar 23, 2011 9:28 pm

Hi sushdmehta,

Thank you so much for your reply, I appreciate your time. I fully understand your comments. I just have a few questions just to make things clear.

My biometric request letter from UKBA is yet to come, will my Tier 1 be decided before I complete that?

Will my wife's tier 2 dependent case work (I mean approved), if I do take biometric after she got her passport back or even after she come to UK?

How long can I delay my biometrics?

Regadrs,
SMK

Post by **geriatrix** » Thu Mar 24, 2011 3:55 am

For what you are trying to do, you need to delay submitting your biometrics until the time that your wife enters UK as a Tier 2 dependant.

You must book an appointment for biometric enrolment (not attend an appointment / submit biometrics) within 2 weeks of receiving a letter from UKBA advising you to do so. I cannot say for how long you can delay it (submitting biometrics).

smk2011 · Post by **smk2011** » Thu Mar 24, 2011 11:30 pm

Thanks sushdmehta for your comments.

It was really valuable. I will try my best to get this delayed and I hope it will work.

danilesh · Post by **danilesh** » Mon Mar 28, 2011 2:31 pm

Hi SMK,

I may be in a similar situation and want to know what happened in your case to help me plan as well.
So, can you pl. share latest updates on your side for this issue please.

Thanks

smk2011 · Post by **smk2011** » Mon Mar 28, 2011 6:53 pm

hi,

sure.. will let you know once this is done for me...

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Applying Tier 2 Dependent when Tier 1 is applied

Applying Tier 2 Dependent when Tier 1 is applied