WP --> Tier1 (only for main applicant, not dependents)

[ness12]

Hi,

I am in UK on WP. I have applied for Tier1 Visa on 8th August only for myself (not for my wife and kid, they are on WP dependent visas) because of funding.

I know that once I get Tier1 visa, status of my dependents will become invalid and they will have to go back to India. Now, I will come to know about the status of my application, only once I receive my passport and documents back. Also, it will take 3-4 days for me to arrange the travel of my dependents.

Question is:

Is it ok, if my dependents stay in UK for 3-4 days after I get my Tier1 Visa?

Any help/advice would be highly benefitial, in case anybody has faced similar situation.

Thanks,
Ness

[geriatrix]

I stand to be corrected if wrong but here're my two cents -

If the following is true

I know that once I get Tier1 visa, status of my dependents will become invalid

then the day your Tier 1 visa is stamped on your passports, your dependents would (technically) become overstayers.

When UKBA refuses a leave to remain application and the applicant either doesn't have the right to appeal or doesn't wish to, then applicant has 28 days to leave the country.

But in this case and assuming your statement is true, your dependents would choose to become overstayers *voluntarily* if they remain in UK on and after the day your Tier 1 is stamped on your passport - and therefore may not be entitled to the 28 day grace period. I understand there is a concession for overstayers until 01-Oct., but if you have applied in Aug., it is highly unlikely you will have a decision by 01-Oct.

Suggest to get a clear picture from UKBA directly of where you stand and what options are available to you.

regards

[Satnov]

I would like to differ from the statement that the dependants will not have 28 days to leave the country from the day tier 1 visa is stamped for the main applicant. I have read the news article and it clearly says that people can leave voluntarily in 28 days after knowing that their visa is no longer valid.

Checking with UKBA is the best solution but ofcourse I am happy to correct myself if proved wrong.