Wife's dependent visa - must she travel to UK by 6 months ?

[simantadatta]

Hi - We are currently in India and I am filing UK tier 2 visa. I will be filing my wife's dependent visa along with me. I plan to travel right away but my wife will travel early next year (as we are pregnant)

However, someone told me that once the Visa is stamped, my wife MUST travel to UK within 6 months. Is that correct ? I got another contradictory comment that the 6 month restriction is only for my (primary holder) travel and NOT for the spouse. What is correct ?

The 2nd question is, the baby will be born in Sep-2010 (3 months from now) when I should be in UK. So, should my wife (A) file her dependent visa NOW along with me and again apply for our baby's dependent visa alone somewhere in Nov or (B) Should she NOT file her dependent visa now and then file her's and baby's together in Nov when I am in UK ? .... Which is more recommeded based on chance of rejection and convenience ?

Thanks!

[rcha123]

A visa overstay and deportation is a criminal offence and he does have a record. He may not have gone to court, but it is still a criminal offence to overstay in any country.Is there a link on the UK Work Permit or UK Immigrations websites where it specifically mentions that the dependent/spouse can carry on working in the UK with his/her valid dependent visa even if the main applicant has left the UK.

[simantadatta]

A visa overstay and deportation is a criminal offence and he does have a record. .

We aren't talking about overstay here ! We are in India, and I just want to know if there is any restriction of 6 months between visa stamp date and travel date for the dependent.

And the 2nd question is about the baby's visa.

[geriatrix]

There is no so-called "6 month" time limit for the dependent to travel to the UK. One can travel anytime during the validity of his visa.

It is entirely your decision whether your wife should apply for a dependent visa now or whether the mother & child should apply for a visa after the child is born. Immigration rules dictate no such thing.

regards

[simantadatta]

There is no so-called "6 month" time limit for the dependent to travel to the UK. One can travel anytime during the validity of his visa.regards

Thanks for the response.

But there is a rule that the primary visa holder's travel to UK must happen within 6 months of the CoS (Certificate of Sponsorship) issue date, correct ?

So I guess it's not applicable for dependent.

[geriatrix]

AIUI, one has to apply for visa within 3 months of CoS being issued, else the CoS expires.

Not aware of any time limits on travel for the main (Tier 2) migrant. Doesn't CoS has a (employment) joining date? What if the joining date is more than six months away - Tier 2 migrants cannot enter UK more than 14 days before the joining date!

regards

[simantadatta]

AIUI, one has to apply for visa within 3 months of CoS being issued, else the CoS expires. Not aware of any time limits on travel for the main (Tier 2) migrant.

Huh.. even I couldn't find anywhere on the internet about the 6 months rule on the primary holder. But my company (one of the most reputed in India, so can't just throw away) says on their UK tier 2 (ICT) guidelines that

"CoS is only valid for 3 months for presentation to the British Consular posts in support of visa (entry clearance) applications. All applicants are therefore required to apply for entry clearance within 3 months of issue date of CoS else, the CoS will become invalid. Once the visa (entry clearance) is obtained you should enter the UK within 6 months from the date of issue of the CoS"

Where can I authenticate this info ? Ofcourse, the first thing I'm going to do on Monday is to check with my company's immigration team about this 6 month's rule.

[geriatrix]

"Once the visa (entry clearance) is obtained you should enter the UK within 6 months from the date of issue of the CoS"

Couldn't find anything on the UKBA website that suggests so.


regards