Can dependents included in Judicial review apply for tier - 2

[Bhavishyaisha]

Hi Team,

Please help me with my query.

I have entered UK in 2016 as a dependent for Tier-1 visa. My husband applied for ILR which has been refused so we’re currently in Judicial review Process.

1. I have been working in a company from past 5 years and they’re happy to sponsor me.

2. I had an emergency c-section and had a premature baby in January’23. So I’m planning to apply for tier-2 visa from UK as I can’t travel with the baby as she has back to back appointments which we can’t miss.

As a dependent I need to travel back and apply for tier-2 but I can’t now. Will HO consider my current status and accept the application from UK ?

[Anon123B]

Hi Bhavishyaisha,

If your current dependant visa has not yet expired you can switch to the skilled worker visa within the UK. Please see the following for more information - https://www.gov.uk/skilled-worker-visa/ ... -this-visa

The H/O will only consider your application if your current employer is registered to sponsor workers and your job meets the conditions set out here - https://www.gov.uk/skilled-worker-visa/your-job.

[Geetha111]

Hi Anon,

Thanks for the reply. As I mentioned in my original post. My dependent has expired along with my Partner. So currently I have been terminated from the job but they’re happy to sponsor.

My fear/query at this point is If I apply for tier - 2 will HO accept ?

My immigration history is quite clear. I haven’t traveled to any country once I entered UK in 2016 and joined job in 2018. My company has sponsorship licence and my salary is 40k.

[Anon123B]

Hi Geetha111,

If your visas have expired then you are likely to be classed as overstayers from that date onwards. This puts any next visa application at risk.

It seems that it would be in your best interest to return to your home country and make any further applications from there otherwise any applications for another visa within the UK will just outrightly be rejected.

You could take the baby with you and continue any medical care in your home country.

Wishing you the best of luck with this!

[Frontier Mole]

You can happily make a skilled worker visa application from within the U.K. even as an overstayer. No need to return to your home country. It is one of the loopholes in the guidance. However if it is rejected or refused you are likely to be at the front of the Home Offices mind for removal.

[Anon123B]

Hi Frontier Mole,

Thanks for the below.

Please could you kindly point me in the correct direction regarding the 'loophole in the guidance' as I would like to read into this as well.

Thank you in advance

[Frontier Mole]

The loophole is - there is no barrier as part of the eligibility criteria preventing in country application for a skilled worker visa when the applicant does not have current leave to remain.

Simple as that

[Geetha111]

Many Thanks Anon and Frontier mole for your replies. I would like to explain the situation in a cover letter while applying the Cos itself so that if they have any issues me applying Visa from here they will let us know at that point itself ?

Not sure it’s a good idea but planning to do that

[Frontier Mole]

Cover letter is pointless- it is either granted on the merits of the application or not.

[Geetha111]

Hi Frontier, Sorry for discussing the same point again. I meet all the tier-2 requirements and ours is also big company with around 800-1000 employees.

My only worry is will they reject my application based on overstay. Because of that I wanted to explain the situation. Do you think it’s not needed ?

[CR001]

Why are you paying under two usernames? This is strictly not permitted on the forum!

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This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

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[Geetha111]

Hi CR001, I initially created a account and forgot password. Requested password from admin too and waited for couple of days. As I didn’t get any reply I created one more.

Sorry I haven’t done it intentionally. Can you please delete user ‘Bhavishyaisha’ ?

[Anon123B]

Hi Geetha111,

Hi Frontier, Sorry for discussing the same point again. I meet all the tier-2 requirements and ours is also big company with around 800-1000 employees.

My only worry is will they reject my application based on overstay. Because of that I wanted to explain the situation. Do you think it’s not needed ?

As mentioned earlier, anyone who has overstayed in the country is illegal. The eligibility criteria may not rule out overstayers but there are dire consequences of overstaying in the UK (potentially a ban from re-entering). You are therefore walking on very thin ice at the moment and your application is most likely going to be refused.

[Geetha111]

Thanks for the reply Anon. As we’re waiting for the hearing date from the court( they have given as oral hearing appeal right) so it’s better to stay that way then. Though I can’t work atleast I can stay with my family.

[Frontier Mole]

The advice from Anon is poor and misleading, there is absolutely no barrier in place to move to a skilled worker visa. I myself don’t like the fact that there is this loophole and I have campaigned and made representations to close the loophole. It has not been tackled or prevented and if that is the position there is absolutely no reason not to proceed down that route.

Your application is more than likely to succeed as simply put - if you qualify and the Sponsor is bona fide then you are not going to be refused because of your current immigration status. It just does not come into play.

[vinny]

The loophole is - there is no barrier as part of the eligibility criteria preventing in country application for a skilled worker visa when the applicant does not have current leave to remain.

Simple as that

Subject to SW2.2.? The Suitability criteria has a two weeks’ in-country application time limit for overstayers.

Moreover, overstaying for more than 30 days, that was not disregarded, may also result in a one-year re-entry ban.

[Geetha111]

Thanks vinny for the reply. My baby is Premature and is in NICU for a month and attended lot of appointments after that too. I was on High BP medication for a couple of months after birth. I’m not saying they have to surely consider it. I will include all the proofs and let them decide

[Geetha111]

Also one more thing we have made an in time appeal to the oral hearing in Court and waiting for the date. This will also make us ‘Overstayers’ ?

[CR001]

What appeal have you made? Tier 1 route has no appeal rights.

An appeal is not the same as judicial review, which is what your topic subject says you have done.

[Geetha111]

Ok. I understand it now. They refused the JR but We( My partner(Tier - 1 route) has given a chance to apply for oral hearing in Tribunal court

[CR001]

Ok. I understand it now. They refused the JR but We( My partner(Tier - 1 route) has given a chance to apply for oral hearing in Tribunal court

Then this is not an appeal under the immigration tribunal system.

JR is a different process completely and does not give you any rights in terms of immigration status or protection etc as an immigration appeal would.

Why was your husband's ILR refused? When was it refused? Was he given the option of administrative review when ILR was refused?

Why was the JR refused?

More concerning, how are you supporting yourselves financially?

Are you aware that your baby is only entitled to free NHS care for the first three months, thereafter you are liable to pay at 150% of cost?

[Geetha111]

We don’t have any intention to break the rules as we built our life here and want to stay lawfully.

1. We’re hoping either we will be given a chance at oral hearing to apply the new application ?

2. Me planning to apply for tier-2 but looks like it’s more complicated than I think

[Geetha111]

To be more clear we’re given a chance for oral hearing under ‘ Application to reconsider Permission rule 30 (4)

[Frontier Mole]

Where in this post has the individual stated they have overstayed?

[Geetha111]

Hi Frontier, If this question is for me don’t think I have mentioned I’m an overstayer.

Can you please guide us if you have any information regarding which status we fall into according to our current situation ?