When to Apply for Dependents leave to remain

[dilanka007]

Hi,

I am currently on a T2 General Visa. And I have been offered a different job and the Employer is about to Sponsor me.
But they don't have a Budget to Sponsor my 3 Dependents.

So if I go ahead with my application first. How long do I have to apply for my dependent soon after I get my new VISA stamped?


Thanks
Dilanka

[dilanka007]

Hi All,

My lawyer checked with the Home Office and they have confirmed that my dependents could apply before their current leave to remain Expires.

Just thought of posting this information as it would be helpful to someone else.

Thanks
Dilanka

[iahsan]

Hi All,

My lawyer checked with the Home Office and they have confirmed that my dependents could apply before their current leave to remain Expires.

Just thought of posting this information as it would be helpful to someone else.

Thanks
Dilanka

Hi Dilanka,

I am in a similar situation, I and my dependants have visas (Tier-2 and T2 PBS Dependent) till Sep 2016, I am planning to change job, when I do that I will apply for my T-2 with the new employer, if I understood correctly, your message suggests my dependants can continue on the same visa till Sep-2016?

Logically, it sounds weird since their PBS dep visas would be based on my T-2 with my old employer and that T-2 no longer exists.

[avi]

Hi,

I am in a similar situation and couldn't find any concrete guidelines with homeoffice about dependent visa. My wife came on a dependent visa on my previous employment of tier 2 until 2017, however i changed my employer and haven't applied for her along with my application. How soon do she need to reapply or can she keep her dependent visa. I called homeoffice up but they took my number and said would ring back in 48 hours. Experts please help or any one with similar situation, please share your experience.

Thanks

Avi

[ramakrishna230]

Hello Avi,
Even iam in the same situation as you.
When you received the call from UKVI,please let me know your findings and how soon should we need to apply for dependent.

thanks,
Ram

[gratefulhart]

Hi Avi,

I am in the same situation. My dependants visa will expire in January 2018 as I just applied for an extension this year. Kindly let me know when you hear back from Home Office. I would not want to pay for the visa fees and NHS surcharge if it is not necessary.

Thanks in advance.

[avi]

Hello everyone,

I checked with homeoffice today, they said she would need to apply as soon as possible, as her previous visa was tied to my previous employment, however homeoffice couldn't give any reference in the guidelines.

Please let us know about your experience, perhaps you'll can call the homeoffice as well( as from my previous experience about other matters, homeoffice always give different answers to same question)

Thanks

Avi

[ramakrishna230]

Hello All,
Even i checked with the home office and they said the dependent should apply for the visa asap.
They are saying the previous visa of dependent is tied to the old sponsor and thats the reason for new application.
They dint provide any references in the guidance.
This is arguable and very unclear but we end up applying for new application and paying unnecessary fees.

May be this may help others in the same dilema.

thanks everyone for your help.
Ram

[avi]

Hi Ram,

Thanks for your update, when do you plan to apply for your wives dependent visa? Did homeoffice say the repercussion of not applying immediately?

Lets keep each other updates throughout his wonderful forum

Cheers

Avi

[manci]

@avi
@ ramakrishna230
@gratefulhart

Unfortunately staff at the UKVI immigration enquiry bureau don't always give correct advice.

There is no requirement for a PBS dependant to apply for new leave at the time when the main applicant changes sponsor/employment, providing that they continue to have valid leave.

The UKVI Policy Unit reference number for this issue is SOPRU 2202.

[avi]

Hi Manci,

Thanks for your reply. I completely agree with you. Could you please tell me what is SOPRU 2202.I didn't understand. Sorry for the ignorance. Thanks and look forward to your reply.

Regards

Avi

[manci]

Hi Manci,

Thanks for your reply. I completely agree with you. Could you please tell me what is SOPRU 2202.I didn't understand.

SOPRU 2202 is an internal UKVI Policy Unit reference

Sorry for the ignorance. Thanks and look forward to your reply.

Regards

Avi

[avi]

Hi Manci,

Is there any way we can access the document to read or what would you suggest for us to do next, as i have called them thrice and they have said the same thing, even though there is no guideline on it.

Thanks

Avi

[avi]

Hi Manci,

I came across this online, please have a look at the link

https://www.whatdotheyknow.com/request/ ... ing-645376

Please have a look and let us know what you think.

Regards

Avi

[manci]

Hi Manci,

Is there any way we can access the document to read or what would you suggest for us to do next, as i have called them thrice and they have said the same thing, even though there is no guideline on it.

Thanks

Avi

You can make a complaint about the incorrect advice received. Refer to UKVI Policy Unit advice ref. SOPRU 2202 (which is not in the public domain):
https://www.gov.uk/government/organisat ... -procedure

[manci]

Hi Manci,

I came across this online, please have a look at the link

https://www.whatdotheyknow.com/request/ ... ing-645376

Please have a look and let us know what you think.

Regards

Avi

the originator of the FOI request could ask for an internal review (link at the bottom) but if it wasn't you you can't

[avi]

Hi Manci,

I have spoken to the originator of the FOI request and he has already made an application for his dependent which is successful.

Regarding the SOPRU 2022, could you please tell us what it says as i haven't seen it or cannot access it. It would be really helpful.

Regards

Avi

[avi]

Hello Manci & everyone,

Latest update is, i called up homeoffice and they said dependent doesn't need to reapply as her visa is still valid. Her leave is dependent on me and not my employer, which i believe Manci had mentioned in an earlier forum.

He read out an internal policy reference and mentioned that all the calls are recorded and if there is any problem in future, he can refer to this call.

@ Manci anyupdate on SOPRU 2022, if you could please share what it says, it would be great.

Hope this is helpful to all friends who are in the same situation.

Thanks

Avi

[manci]

Hello Manci & everyone,

Latest update is, i called up homeoffice and they said dependent doesn't need to reapply as her visa is still valid. Her leave is dependent on me and not my employer, which i believe Manci had mentioned in an earlier forum.
as it happens you got the correct advice but this is a hit and miss affair - staff on the UKVI enquiry line are notoriously unreliable and, as you mentioned earlier, you got incorrect advice from them previously. Your wife doesn't need to do anything, the change of circumstances form is not relevant to her. She should apply for an extension before her leave expires

He read out an internal policy reference and mentioned that all the calls are recorded and if there is any problem in future, he can refer to this call.

@ Manci anyupdate on SOPRU 2022, if you could please share what it says, it would be great.
it says what is above and it is an internal document not in the public domain

Hope this is helpful to all friends who are in the same situation.

Thanks

Avi

[rozearo]

Dear All,

I have contacted the home office & they confirmed that dependents can stay on old visa if you are just changing the employer on Tier 2 visa!

I have requested a written confirmation about that information, but still waiting for it.

Regards

[avi]

Dear Rozero,

Thanks a lot for letting us know, please let us know when you receive it.

Cheers

Avi

[avi]

Hi Rozero,

Did you get a written confirmation from homeoffice, i got a reply from homeoffice, which states otherwise. Please see below.

@ Manci, what would you suggest, please let me know




From: DMC (Croydon)
Home Office

30 June 2015

Dear Mr Dubey,





Thank you for your email correspondence of 17 June. I am sorry for the
delay in replying to your email.



Please be informed that your dependant will need to apply for leave to
remain in line with your leave. Paragraph 319D of Immigration Rules
states;



319D. Period and conditions of grant



(i) Entry clearance or limited leave to remain will be granted
for a period which expires on the same day as the leave granted to the
Relevant Points Based System Migrant.



If a relevant Migrant changes their leave in anyway, their dependants
should also amend their leave to be brought in line (as above). This is
because a dependants leave is always granted on the basis of the relevant
Migrants situation. Once a new application is made, expiry dates are
almost always different to their previous grant of leave.



This would be dependant on any new application made by the relevant
Migrant, the outcome of that application and any leave granted to the
relevant Migrant. In addition, when UKVI become aware that the relevant
migrant is no longer working for the ‘old’ employer, any leave issued to
the migrant/s would possibly be curtailed. This could lead to being in
the UK without valid leave.



She will need to apply as soon as possible and will be granted in line
with yourself.



I hope this information is helpful.



Yours faithfully,





Mala Anand

UK Visas and Immigration

[iahsan]

@avi ... so the summary is that,

June 18: You phoned them and they said that dependants don't need a new visa.
June 30: They write to you saying that dependants do need new visas.

correct?

Was the June 30 communication further to the June 18 call or they are 2 separate queries?

[avi]

Yes its 2 separate queries. After i received the written communication i called them again and even then they said that dependents don't need to reapply. I have asked them to email me a written confirmation for this. The lady on the phone said she will get back to me by this Thursday. Will keep everyone posted.

Thanks

Avi

[Porus]

This conflicting advice from Home office and forum experts do give me an uneasy feeling.