Tier 2 dependants maintenance not required?

[jason32]

Hi guys,

This is a great forum and has always helped me through the years, anyway can someone help me with the new situation?

I am on tier 2 at the moment working for NHS, dont have any dependants at the moment. But I've just been offered a new job and thinking about taking it. The new employer is happy to sponsor me now my question is:

I want to apply for my family as dependants too, if we all apply at the same time do I have to show maintenance funds for them too? I read on the guidance that if changing employment within tier 2 then I dont have to show any maintenance and the same goes for my family? My family is already in UK on PSW which is ending soon.

What do they mean by within tier 2? does that mean the same employer just changing jobs or a new employer would also be considered switching within tier 2?

Any help would be appreciated.

[Frontier Mole]

Is your spouse in the UK in their own right as. PSW?

[jason32]

Yes at the moment but thats expiring end of October so have to switch and become my depenant now, kids are also her dependant at the moment and they'll all have to become my dependant now.

[North Pole]

If your spouse is currently under PSW and your Child is a dependant of your spouse, then they all have to travel back home and make a fresh application under your new tier 2 general dependant. Yes you must show £630 for each dependant. They won't be able to make an in-country application for dependant, unless your wife turns to a tier 2 general main applicant. Hope this helps!

[Frontier Mole]

North Pole - can I advise you to read the guidance documents before you give advice.

Your dependents do not need to return home to apply!

You will however need £630 per person in the bank for three months. See the link

https://d/government/uploads/.../DEP_guidance_07-14.pdf

[jason32]

North Pole - can I advise you to read the guidance documents before you give advice.

Your dependents do not need to return home to apply!

You will however need £630 per person in the bank for three months. See the link

https://d/government/uploads/.../DEP_guidance_07-14.pdf

Ok but the guidance says in point 58 that if the tier 2 main applicant is switching within tier 2 then neither the main applicant or the dependants have to show any evidence of maintenance?

[North Pole]

Apologies if I may be wrong!

But a year ago one of my friend had same situation, he was approved tier 2 general from psw. But his wife was also on her own psw, her application to become tier 2 g dependant was refused in-country as her current leave was not in the category as dependant. So she went back home and made an application from there and got approved.

[Frontier Mole]

You are not switching - your spouse is though

[jason32]

Yes but I'll be changing my employer and that means getting a new tier 2. Points 57-58? It does say if the main applicant doesn't have to show maintenance dependants are exempted too?

[North Pole]

I'm sure a PSW spouse can not switch to tier 2 general dependant for first time with an in-country application. The dependant guidance tells for that they should be already a family members of tier 2 general. E.g if your spouse and child are already under your dependant visa, then it's ok. But in your case your Spouse is already a psw main applicant.

[Frontier Mole]

Changing employer is completely different from first entry to the UK. If they already had PBS dependent visa it would not be a problem as you say. But that is not the case.
The principle here is that either the employer at the start covers maintance or you do at the start or from any other point thereafter.
There is no in country maintance requirement as it is deemed covered in an earlier PBS entry point. Hence you can move employers and if your family were your dependants they would continue as well.
Your dependants have not passed that test against your tier2 visa.

[jason32]

Changing employer is completely different from first entry to the UK. If they already had PBS dependent visa it would not be a problem as you say. But that is not the case.
The principle here is that either the employer at the start covers maintance or you do at the start or from any other point thereafter.
There is no in country maintance requirement as it is deemed covered in an earlier PBS entry point. Hence you can move employers and if your family were your dependants they would continue as well.
Your dependants have not passed that test against your tier2 visa.

Ok now whats the solution then? I havent been maintaining my accounts because I the employer agreed to give me the maintenance letter. But now they are refusing to give any letter for my family, what should I do now ?

[jason32]

Changing employer is completely different from first entry to the UK. If they already had PBS dependent visa it would not be a problem as you say. But that is not the case.
The principle here is that either the employer at the start covers maintance or you do at the start or from any other point thereafter.
There is no in country maintance requirement as it is deemed covered in an earlier PBS entry point. Hence you can move employers and if your family were your dependants they would continue as well.
Your dependants have not passed that test against your tier2 visa.

Ok my employer says that they'll mention on COS that they'll provide my maintenance, does that also cover the dependants? policy guidance is not very detailed and these small points are causing confusion.

[jason32]

I'm sure a PSW spouse can not switch to tier 2 general dependant for first time with an in-country application. The dependant guidance tells for that they should be already a family members of tier 2 general. E.g if your spouse and child are already under your dependant visa, then it's ok. But in your case your Spouse is already a psw main applicant.

Guidance says only visitor visa holders cant apply as dependants?

[repeatcell]

My understanding is that the employer should give a letter stating maintenance for you as well as your dependents. If they mention only you then you do need to show maintenance funds for your dependents.

[North Pole]

Double check and make sure once again before making an application, that a PSW partner can apply under your tier 2 Dependant within UK for the first time. You don't want to waste £2k for applications knowingly to will be refused.

[jason32]

Changing employer is completely different from first entry to the UK. If they already had PBS dependent visa it would not be a problem as you say. But that is not the case.
The principle here is that either the employer at the start covers maintance or you do at the start or from any other point thereafter.
There is no in country maintance requirement as it is deemed covered in an earlier PBS entry point. Hence you can move employers and if your family were your dependants they would continue as well.
Your dependants have not passed that test against your tier2 visa.

I checked the guidance and every possible related link regarding maintenance for dependends if the main applicant is switching jobs. It says that when the maintenance is not required by the main applicant then the dependents are also not required to do so? Can someone please shed some light on this? No other conditions are mentioned on the guidance or anywhere else?

[Frontier Mole]

They are not dependents on your current visa. That is the whole point. You can not include them as part of the change of employer process as they dont have tier2 dependent visas currently. In any cae when you change job your dependents do not apply for a new visa, only you do. You have met the maintenance requirement when you were granted the tier2 visa. Your dependants have never been subject to your visa conditions before and have not met the maintance requirement for the tier2 visa. They obviously did at some point for your wifes Tier1 PSW. Hence they have to apply separately to switch to tier2 and hence you will have to demonstrate maintenance.
As your employer will not issue the covering letter for your family you are stuck with having to demonstrate maintenance, I cant see a solution to that.

I tried to find some documents that related to a generally held view that once you were here on a PBS dependant visa there was no need to demonstrate maintenance again. I cant find anything in the current policy, guidance or caseworker guidance that states that is the case.

[jason32]

They are not dependents on your current visa. That is the whole point. You can not include them as part of the change of employer process as they dont have tier2 dependent visas currently. In any cae when you change job your dependents do not apply for a new visa, only you do. You have met the maintenance requirement when you were granted the tier2 visa. Your dependants have never been subject to your visa conditions before and have not met the maintance requirement for the tier2 visa. They obviously did at some point for your wifes Tier1 PSW. Hence they have to apply separately to switch to tier2 and hence you will have to demonstrate maintenance.
As your employer will not issue the covering letter for your family you are stuck with having to demonstrate maintenance, I cant see a solution to that.

I tried to find some documents that related to a generally held view that once you were here on a PBS dependant visa there was no need to demonstrate maintenance again. I cant find anything in the current policy, guidance or caseworker guidance that states that is the case.

Ok thanks for the info I guess I'll have to find another way. But I was checking the dependant application form and in maintenance section if you select the main applicant is switching jobs then say just move to the next section, they dont ask for any other details? How do I fill the application form then?

[jason32]

They are not dependents on your current visa. That is the whole point. You can not include them as part of the change of employer process as they dont have tier2 dependent visas currently. In any cae when you change job your dependents do not apply for a new visa, only you do. You have met the maintenance requirement when you were granted the tier2 visa. Your dependants have never been subject to your visa conditions before and have not met the maintance requirement for the tier2 visa. They obviously did at some point for your wifes Tier1 PSW. Hence they have to apply separately to switch to tier2 and hence you will have to demonstrate maintenance.
As your employer will not issue the covering letter for your family you are stuck with having to demonstrate maintenance, I cant see a solution to that.

I tried to find some documents that related to a generally held view that once you were here on a PBS dependant visa there was no need to demonstrate maintenance again. I cant find anything in the current policy, guidance or caseworker guidance that states that is the case.

If you look at the dependant applicant form, if you select main applicant is switching jobs then they dont ask any maintenance questions, no conditions mentioned simply go to the next section? Does that mean its not required in my case?

[jason32]

Ok the employer is not giving me the letter for dependents. My wife has been in UK for 6 yrs now, if she has to go back home for lets says 8 weeks and apply for entry clearance as my dependent ffrom there, would she lose her 10 yr long residency thing? Please help?

[Frontier Mole]

She would be ok as the break in her leave would not constitute a change in residence. But no one can give an absolute guarantee as the only point it will be fully tested will be when she applies for ILR.