Proof of Subsisting Marriage

[MDK88]

Hi,

I was on a Tier 4 visa and switched to a Tier 2 General visa in June. My wife and son have Tier 4 dependant visas but left the UK in June for a holiday in our home country. I am planning to get them back to join me in the coming months but am unsure if they need to apply for Tier 2 dependant visas or if they can travel with their existing Tier 4 visas.

I would be grateful for some advice.

Thanks!

[iworker]

As long as their visas are still valid, i think they can travel back with no problems.
They are still pbs dependents.

[MDK88]

As long as their visas are still valid, i think they can travel back with no problems.
They are still pbs dependents.

Many thanks for this. Do I need to get any confirmation from UK Visas & Immigration in case my wife needs some sort of confirmation at the border? She will take a direct flight so immigration and airline staff at the home airport may not check since she has a valid visa.

She is travelling with our 2 year old son so I am slightly nervous...

[iworker]

i dont think they can get you any confirmation.
Also with a child, i dont think there should be any trouble at the airport.

[MDK88]

i dont think they can get you any confirmation.
Also with a child, i dont think there should be any trouble at the airport.

I apologise for the various questions but I have read on this forum that tier 2 dependants need to apply for new visas when the main applicant changes a Tier 2 sponsor. Does this not apply in my situation? Two links are below;

uk-tier-2-employer-sponsored-visas/tier ... 76316.html

uk-tier-2-employer-sponsored-visas/tier ... 72473.html

Just a bit confused...

[CR001]

The links are from 2014. The rules have moved on since then.

Your dependents DO NOT have to apply with you when YOU switch sponsors if they still have a valid visa.

[MDK88]

The links are from 2014. The rules have moved on since then.

Your dependents DO NOT have to apply with you when YOU switch sponsors if they still have a valid visa.

Thank you!

Their visa expires in January 2020 and mine in July 2020. Can they stay in the UK for 6 months after their visas have expired or I am thinking of changing their visas next year (saves some money on IHS too...)

[CR001]

Their visa expires in January 2020 and mine in July 2020. Can they stay in the UK for 6 months after their visas have expired or I am thinking of changing their visas next year (saves some money on IHS too...)

No, they cannot stay in the UK once their visas are expired. Apply for an extension at any point though not sure if HO will have an issue applying 2 years before their visas actually expire.

Regardless, it will be a 3 years extension for them so no getting out of paying the £600 each immigration health surcharge.

And remember, the fees increase every year too.

[MDK88]

Noted with thanks! I believe this is what I have been looking for:

"If the main migrant changes employer or educational institution, and is therefore issued with a new certificate of sponsorship and applying for leave to remain to work or study under their new sponsor, dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant"

Although there is no mention of re-entry, I trust there will be no issues at the airport when they return to the UK as previously advised by iworker.

Many thanks once again!

[CR001]

No issues on re-entry.

[MDK88]

Many thanks to you both

[MDK88]

I phoned UKVI this morning and was advised (after clarifying with an immigration advisor) that my wife and son would in fact need to apply for tier 2 dependant visas as their tier 4 dependant visas are now invalid.

I have sent an FOI request yesterday and hope to receive a written response from the HO/UKVI in due course.

I think applying for new visas whilst they are away sounds sensible so as to avoid any issues on re-entry. The cost would not be any different if not cheaper to apply from outside.

[MDK88]

Hi,
I will be applying for dependant visas for my wife and son in the coming weeks and was wondering if any proof of a subsisting marriage should be provided. Our circumstances are below.

We got married in December 2011 and lived together till September 2014; where I came to the UK for my studies and my wife joined me in November 2014 (having obtained entry clearance at the same time as me).

We lived together in the UK and my wife went home in April 2015 as she was expecting our first child (I flew home to drop her). She remained home until March 2017 where she and the baby came to the UK. I have made several trips between April 2015 and March 2017 to see them. They were with me in the UK from March to June 2017. They went back home as I switched to a Tier 2 visa and we decided that they would come back once I have settled in my job and found a decent place to stay. I went home to drop them in June as well.

Do I need to provide any proof? I am only wondering as we have been in two different countries albeit for genuine reasons.

Thanks!