Maintenance funds for Tier 2 dependents

babita123 · Post by **babita123** » Wed May 25, 2011 3:06 pm

I need some information on the Tier 2 dependant visa please.
My husband is on work permit which expires on 23rd June 2011. He has managed to find another sponsor and everything is sorted. we want to apply for the Tier 2 visa and the dependent visa as well at the same time. The only confusion is the maintenance funds. I know that my husband can claim automatic points for Maintenance funds as per the below info on UKBA website:

You will also automatically score 10 points for maintenance if you are currently in the UK in one of the following immigration categories:
any Tier 2 category
work permit holder

But what about the dependants. Does he need to show the maintenance funds for us.

As per the PBS dependant form Section 4:

Section 4 - Main Applicantâ€™sdetails
J. Further details
J1. Is the dependant applying at the same time as the main applicant?
Yes No - go to question J4
J2. Under which category of the Points Based System is the main applicant applying?

Tier 1 (General) - go to question J6
Tier 1 (Entrepreneurs) - go to question K1
Tier 1 (Exceptional Talent) - go to question L
Tier 1 (Post Study Work) - go to question K1
Tier 1 (Investors) - go to Section L
Tier 2 (General) - go to question J3
Tier 2 (Intra Company Transfer) - go to question J3
Tier 2 (Minister of Religion) - go to question J3
Tier 2 (Sportsperson) - go to question J3
Tier 4 (General) Student - go to question J7
Tier 5 (Temporary Worker) (all sub-categories) - go to question K2

J3. Is the main applicant making an application as:

An initial (switching) application - go to question K2

An extension of his/her existing leave - go to Section L

A result of a change of employment - go to Section L

What option should we choose on Question J3 -
would it be an initial/switching application or change of employment?

Post by **geriatrix** » Wed May 25, 2011 3:19 pm

Read para 45-50 of the Policy guidance on dependants of points-based system migrants.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Wed May 25, 2011 3:44 pm

Thanks Sushdmehta

From the document, it seems if the dependants apply at the same time as the main applicant AND the main applicant Doesnt need to show funds (for example he/she are already in Tier 2 or PSW), then the dependants DO NOT need to show maintenance of funds.

Am I correct in my understanding?

babita123 · Post by **babita123** » Wed May 25, 2011 4:11 pm

Thanks Sushdmehta for the quick reply. The policy guidance are helpful but do not explain the options to choose in the form.

I cannot understand what option do i choose on Question J3 as my husband is changing employment but currently he is on work permit.

So should we be choosing the initial switch (As we are applying for the tier 2 visa for the 1st time)

or

change of employment.

Because the initial switch would definitely require us to show the maintenance funds, but if we choose change of employment that takes us directly to section L which doesn't require maintenance funds proof.

Would really appreciate your advise on this. Many thanks.

babita123 · Post by **babita123** » Fri May 27, 2011 8:27 pm

Anyone please reply.. i am really confused..

mt_dilber · Post by **mt_dilber** » Sun May 29, 2011 11:02 pm

did the new employer carried out RLMT? your husbands visa is expiring in less than a months so there is no point to apply under 'change of employment', so this will be a brand new Tier2 application under new rules (because it is a totally new employer). You and the main applicant have to prove everything from relationship to maintenance and accommodation.

mt_dilber · Post by **mt_dilber** » Sun May 29, 2011 11:11 pm

Please mind that this is 'change of employer/sponsor' not 'change of employment' change of employment is considered within same company. while in ur case, it is new employer.

Post by **geriatrix** » Mon May 30, 2011 12:39 am

mt_dilber wrote:Please mind that this is 'change of employer/sponsor' not 'change of employment' change of employment is considered within same company. while in ur case, it is new employer.

Read para 190 of the policy guidance.

mt_dilber · Post by **mt_dilber** » Mon May 30, 2011 11:16 am

sushdmehta wrote:
mt_dilber wrote:Please mind that this is 'change of employer/sponsor' not 'change of employment' change of employment is considered within same company. while in ur case, it is new employer.
Read para 190 of the policy guidance.

Got it , thanks for correction.

babita123 · Post by **babita123** » Tue May 31, 2011 10:18 am

yes, the sponsor has carried out the maket labour test and that is how my husband has got the COS. So, is it still a new application and not change of employment application. Sorry , I know it sounds like a stupid question but I just want to be 100% sure.. this is our last chance as our visa expires very soon..

babita123 · Post by **babita123** » Thu Jun 09, 2011 3:22 pm

Hi All,

Just to let you know that I ticked change of employment in our Visa application and we didn't have to show the maintenance funds as my husband claimed the points auotmatically for maintenance.
Also we applied at PEO Croydon and were successful in getting the Tier 2 visa.

This forum is really helpful.
I want to thank everyone who takes the time to reply to queries.
Best of luck to all who are waiting for the visas.

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Maintenance funds for Tier 2 dependents

Maintenance funds for Tier 2 dependents