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Error in visa expiry date for dependents

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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rox05
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Joined: Mon Jul 29, 2024 1:38 pm
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South Africa

Error in visa expiry date for dependents

Post by rox05 » Wed Jul 31, 2024 10:47 am

Hi,

I am currently on the Tier 2 visa which expires in April 2026 as per the decision letter. My spouse and son, who is on a dependant visa have their visas expiring on April 2025 as per their decision letter and BRP. While obtaining the visa we didn't think much about this as we were under the assumption that it was linked with my expiry (clearly an oversight on our part which should have been corrected at that time) however we only picked up the error and figured it was a problem when doing the e visa.
I have called home office but have gone back and forth with one consultant advising that we would have to do the visa application again once the dependents have expired bearing in mind that it will be done again after a year for extension leading up to indefinite leave to remain.
Another mentioned that I send through for an administrative review but according to what I’ve seen on gov.uk site this is normally done within a certain number of days when brp has been received, we are now over the 2 year mark :(
I have also sent a query on the report a problem with my brp card and will have to await a response.

Please advise what can be done in this situation and can it be rectified without us having to do the whole visa process again.

Thanks in advance.

vinny
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Posts: 33307
Joined: Tue Sep 25, 2007 8:58 pm

Re: Error in visa expiry date for dependents

Post by vinny » Wed Jul 31, 2024 1:28 pm

If the period of leave is not as specified under SW 36.1.(a), then they have made an error. Politely ask them to correct their errors and not to penalise your wife and child.

Although their guidance suggests
If the applicant has been in the UK for more than 3 months when they seek to correct an endorsement, they should vary their leave through an application for leave to remain.
A "should" is not a "must". Therefore, there may be scope for discretion. Moreover, if they set a time limit to prevent themselves from correcting their own errors for free, then such an approach
diminishes, rather than encourages, respect for the policy in question …
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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