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When to extend PBS dependant leave?

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

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geriatrix
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When to extend PBS dependant leave?

Post by geriatrix » Wed Sep 02, 2015 1:33 pm

Is it compulsory for a Tier 2 dependant to apply for a new leave to remain when the principal Tier 2 migrant applies for leave to remain when changing employers or changing sub-categories within Tier 2 (e.g. - ICT to General)?
Will not doing so affect the dependant's eligibility for ILR?


NO (click)!


Reasoning:
Unlike how the principal migrant belongs to various sub-categories (ICT-ST, ICT-LT, Graduate Trainee, Skills transfer, shortage, General, etc.) within a category (Tier 2), a dependant belongs to just one category "PBS dependant". So, Tier 2 (ICT) dependant is no different from Tier 2 (General) dependant!

A dependant's leave relies on the leave of the principal migrant, and not on the principal migrant's employer / sponsor / employment.

There is no requirement in the immigration rules (319C) to suggest that the dependant must make a new leave to remain application at the same time when the principal migrant is switching categories (e.g. - from Tier 2 ICT to Tier 2 G) or changing sponsors.

A dependant's eligibility to settlement relies on the eligibility of the principal migrant for settlement and the time spent in UK as a "dependant of the same principal migrant (i.e. - same person)". The immigration rules (319E) do not state anything about the dependant having spent a given period of time in a specific sub-category (ICT, General, etc.) of Tier 2 dependant leave to be eligible for settlement.

See this Whatdotheyknow responses here.
Life isn't fair, but you can be!

geriatrix
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When to extend PBS dependant leave?

Post by geriatrix » Fri Oct 23, 2015 1:04 pm

Life isn't fair, but you can be!

geriatrix
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Re: Switching to PBS dependent route or extending?

Post by geriatrix » Sun Nov 15, 2015 11:37 pm

Life isn't fair, but you can be!

vinny
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Re: Switching to PBS dependent route or extending?

Post by vinny » Mon Nov 16, 2015 12:51 am

vinny wrote:Note that their answers contradicts a colleague's, whom I believe was wrong.
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.

vinny
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Re: When to extend PBS dependant leave?

Post by vinny » Thu Dec 24, 2020 1:37 pm

Guidance for dependants of UK visa applicants (Tiers 1, 2, 5 and Appendix W)
61. If the Main Applicant changes employer or educational institution and is therefore issued with a new certificate of sponsorship/confirmation of acceptance for studies and is applying for leave to remain to work or study under their new sponsor, PBS dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant. Dependants of Appendix W Workers should apply to switch at the same time as the Main Applicant.
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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