Tier 2 ICT dependent stay without main applicant inside UK

[svinoth03]

Hello Sir,

I would like to know if a tier 2 dependent who is working can stay in UK when the main applicant has gone out of the country for a short period of 3 months due to the change in project ? In this case, can the depdent still stay in UK and continue the work ?

[svinoth03]

Hi,

To be more precise with my question, my wife is the main applicant and her visa expires on Aug 2020 but she had to leave now since there are no projects with the employer. She will come back once she gets a project which will take a maximum of 3 months. During this period can I stay within UK until my visa expiry since I am working for another employer. Dependent visa validity is until the same as main applicant i.e., Aug 2020.

[Frontier Mole]

e: Can dependent stay without main applicant if visa is not curtailed
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Post by Frontier Mole » Thu Feb 21, 2019 5:19 am

The official answer is she would be in breach of her visa conditions as you have left the country.
Two things fall out of this...
Your Sponsor would be failing in its duties for not reporting you as no longer in the uK
By not reporting you have left this has a potential negative effect on their licence when this is discovered.

There are other complications - what will you say if challenged on your return - you have been gone of 3/4/5 months - where is your family? You say in the UK and then you are at the mercy or otherwise of Border Force... could be messy.

There are many instances where this scenario happens - most probably go undetected BUT be aware there are risks.