TIER 2 General - Dependent doubts

They are being ridiculous. Her leave should be granted in-line yours (319D).

Moreover,

Biometric information wrote:Since 2008 there has been a requirement for people subject to immigration control, who are applying for leave exceeding 6 months must also apply for the issue of a BRP and register their biometric information as part of that process.

sushdmehta wrote:

reonred wrote:They have replied saying that my wife does not need a BRP.

Ask them why has your wife been issued 50 days leave when you have been granted leave for X years, and why they think your wife does not need a BRP when she has entered the UK as a PBS dependant.

What dates are mentioned on your wife's visa?

Hi Guru,

Thanks for the reply.
My Visa start date is 20.07.2015 and end date 19.08.2015 where as My wife's visa start date is 29.06.2015 and end date is 19.08.2015. Which means Depedant (she) was granted Visa before main applicant's (my) start date, which is not correct.

Today morning I called entry clearance guys and asked them what has happened exactly. they said like it is a mistake from their side and they escalated this issue. As the Visa end date is approaching I asked them that, does my depedant needs to leave the country, then they told me to wait until I hear from them. So hopefully issue should get resolved soon. Please suggest me if anything I can do in the meantime. They are charging £1.37 per minute for the call. I had to be in the call for almost 40minutes.

reonred wrote:I sent mails to BRPColection team, they are saying as the initial visa is for 50 days instead of 30 days, there will not be any BRP for this. And I wonder then how she will be allowed to stay after initial Visa which is valid till 19.08.2015.

It looks like the BRPColection team compounded the ECO's error, by not exercising common sense.

What number did you call?
Do they have any of your current contact details - email id / UK phone number / UK address?

sushdmehta wrote:What number did you call?
Do they have any of your current contact details - email id / UK phone number / UK address?

I have called them on 01243218117. They have my email id and Mobile number.Is there any alternate number that will charge less?

You haven't called the "entry clearance" guys (who are based outside the UK), but UKV&I in the UK. Do you know which department / unit your call was transferred to? Where did you get this number - did someone advice to call this number for your specific problem?
As far as call tariff is concerned, the number is a standard landline number so any "excessive" charge may be because of the operator you are using to call.

Anyways, you should try and get something in writing that UKV&I acknowledges that there has been an error in issuing leave to your wife as a Tier 2 dependant, that the issue has been escalated to the appropriate department, and that your wife can stay in the UK beyond the date mentioned on the vignette without becoming an overstayer.

And keep this exchange of communication safely with you for as long as you are in the UK (e.g. - until settlement / citizenship).

sushdmehta wrote:You haven't called the "entry clearance" guys (who are based outside the UK), but UKV&I in the UK. Do you know which department / unit your call was transferred to? Where did you get this number - did someone advice to call this number for your specific problem?
As far as call tariff is concerned, the number is a standard landline number so any "excessive" charge may be because of the operator you are using to call.

Anyways, you should try and get something in writing that UKV&I acknowledges that there has been an error in issuing leave to your wife as a Tier 2 dependant, that the issue has been escalated to the appropriate department, and that your wife can stay in the UK beyond the date mentioned on the vignette without becoming an overstayer.

And keep this exchange of communication safely with you for as long as you are in the UK (e.g. - until settlement / citizenship).

HI Sush,

I have got this contact from BRPCollections team. Is there any Email ID to contact Entry Clearance guys/UKVI. These UKVI team is not giving anything in return, all they are saying is "your case has been escalated and we are waiting for a reply". They are not telling me anything. so could you please sugest or share some Email IDs or Numbers whom I can contact in this regard.

Is she allowed to stay after 19.08.2015 (visa end date) for 28 days? or as the issue has been escalated to UKVI, will she be allowed to stay till the decision is made by them? or do I need to send her to India and re-apply?? I am confused on what to do now.

Referred Casework Unit – EC error amendment centre
15th floor Apollo House,
36 Wellesley Road
Croydon
CR9 3RR

Write a letter to them, explaining everything in detail. Send letter by special delivery and keep proof of posting in safe custody.

Do not forget to mention / include:
Principal migrant - Name / passport number / date of birth / copy of BRP / place where visa application was submitted
Dependant - Name / passport number / date of birth / copy of visa vignette / place where visa application was submitted.



What else you may do:
1. Call the UKV&I helpline, explain the issue and see if they can forward your call to someone who can help.
2. If you are based in / around London, try visiting the Croydon PEO and explain the matter at the reception. They might put you through to someone inside who can help.
If you are not in London but in another city where there is a PEO, do the same.

Thanks Guru. So if I post a letter to them, then my wife can stay in UK(after 19.08.2015) till we get any response right? She does not come under overstay right?

sushdmehta wrote:Referred Casework Unit – EC error amendment centre
15th floor Apollo House,
36 Wellesley Road
Croydon
CR9 3RR

Write a letter to them, explaining everything in detail. Send letter by special delivery and keep proof of posting in safe custody.

Do not forget to mention / include:
Principal migrant - Name / passport number / date of birth / copy of BRP / place where visa application was submitted
Dependant - Name / passport number / date of birth / copy of visa vignette / place where visa application was submitted.



What else you may do:
1. Call the UKV&I helpline, explain the issue and see if they can forward your call to someone who can help.
2. If you are based in / around London, try visiting the Croydon PEO and explain the matter at the reception. They might put you through to someone inside who can help.
If you are not in London but in another city where there is a PEO, do the same.

reonred wrote:Thanks Guru. So if I post a letter to them, then my wife can stay in UK(after 19.08.2015) till we get any response right? She does not come under overstay right?

Well, no. Staying in UK beyond the expiry date is overstaying. And that is why I suggested that you get something to this effect in writing from UKV&I.

Overstaying for 28 days or less is usually disregarded, so you have 28 days from 19-Aug. to get UKV&I to either:
1. acknowledge their mistake and confirm that your wife can stay in UK longer than that without becoming an overstayer,
or
2. Correct their mistake, and inform you that a BRP is being issued for her.

Thanks a lot for your help.
I have posted a letter to them today with All my detaiols and copies of my passport, Visa, BRP and My Wife's Passport and Visa VIgnette copies. Hope they will comeback to me soon with positive decision.
I did not send the original passports, just copies only. Hope this should nopt be a problem?

sushdmehta wrote:

reonred wrote:Thanks Guru. So if I post a letter to them, then my wife can stay in UK(after 19.08.2015) till we get any response right? She does not come under overstay right?

Well, no. Staying in UK beyond the expiry date is overstaying. And that is why I suggested that you get something to this effect in writing from UKV&I.

Overstaying for 28 days or less is usually disregarded, so you have 28 days from 19-Aug. to get UKV&I to either:
1. acknowledge their mistake and confirm that your wife can stay in UK longer than that without becoming an overstayer,
or
2. Correct their mistake, and inform you that a BRP is being issued for her.

reonred wrote: My Visa start date is 20.07.2015 and end date 19.08.2015 where as My wife's visa start date is 29.06.2015 and end date is 19.08.2015. Which means Depedant (she) was granted Visa before main applicant's (my) start date, which is not correct.

Are you saying both of your visas expire tomorrow, 19/8/2015?

Petaltop wrote:

reonred wrote: My Visa start date is 20.07.2015 and end date 19.08.2015 where as My wife's visa start date is 29.06.2015 and end date is 19.08.2015. Which means Depedant (she) was granted Visa before main applicant's (my) start date, which is not correct.

Are you saying both of your visas expire tomorrow, 19/8/2015?

No I have got my BRP with 3 years of validity which means it will expire in August 2018. My wife did not receive a BRP so the initial Visa is getting expired tomorrow.

reonred wrote:I did not send the original passports, just copies only. Hope this should nopt be a problem?

Don't, unless they ask for it (they should not, since leave is now granted as BRP and not on a vignette).

sushdmehta wrote:

reonred wrote:They have replied saying that my wife does not need a BRP.

Ask them why has your wife been issued 50 days leave when you have been granted leave for X years, and why they think your wife does not need a BRP when she has entered the UK as a PBS dependant.

What dates are mentioned on your wife's visa?

Because it seems BRPs are only for those "who are granted leave to enter the UK for more than six months". OPs wife was granted 50 days and not the usual 30 day visa to enter and collect her BRP.

Page 5
https://www.gov.uk/government/uploads/s ... eaflet.pdf

reonred wrote:

Petaltop wrote:

reonred wrote: My Visa start date is 20.07.2015 and end date 19.08.2015 where as My wife's visa start date is 29.06.2015 and end date is 19.08.2015. Which means Depedant (she) was granted Visa before main applicant's (my) start date, which is not correct.

Are you saying both of your visas expire tomorrow, 19/8/2015?

No I have got my BRP with 3 years of validity which means it will expire in August 2018. My wife did not receive a BRP so the initial Visa is getting expired tomorrow.

Looks like the wrong year was put on your wifes visa and hence why no BRP as her visa is only for 50(?) days; less than 6 months. BRPs are only issued to those granted a visa for more than 6 months.

Visas should be checked when received and any errors corrected before travel, really.

reonred,
Do the 30 days travel vignette have the following endorsement(s) on them:
1. Principal migrant - Tier 2 (General) and CoS number
2. Dependant - Tier 2 partner (or PBS dependant) and name of principal migrant
?

If not, what does the vignette endorsement state?

sushdmehta wrote:reonred,
Do the 30 days travel vignette have the following endorsement(s) on them:
1. Principal migrant - Tier 2 (General) and CoS number
2. Dependant - Tier 2 partner (or PBS dependant) and name of principal migrant
?

If not, what does the vignette endorsement state?

My Visa vignette says: Type: TIER2(GENERAL)MIGRANT
Observ: T2 General CoS No ########## No public funds
My Wife's Visa vignette says: Type: TIER 2 PARTNER and my Name
Observ: PBS Dependant Restriced No Dr/Den Train. No Sport, No public funds

This should be fine to support my wife's visa issue right? (only thing is we applied for tier 2 visa on different dates and I got initial visa of 30days and she got 50days visa. both expiring on 19.08.2015.)

The endorsements are correct.
Yes, that is why I asked.

sushdmehta wrote:The endorsements are correct.
Yes, that is why I asked.

So can I expect a positive decision?

sushdmehta wrote:The endorsements are correct.
Yes, that is why I asked.

Hi Guru,
I have got a reply from them that "May the applicant submit the passport at VFS with a covering letter in
order to get the visa correction.'"
I again called them and told that we are in UK not in India. it was already mentioned in the complaint. Then he told me to write everything in the Email form online and to submit. He said he will escalate it again. Not sure what they understood about the my situation. They did not read the complaint only, they just replied in a casual way.

Reply from where? RCU unit that you had sent the letter to?
What is the "email form online"? Provide link.

sushdmehta wrote:Reply from where? RCU unit that you had sent the letter to?
What is the "email form online"? Provide link.

Its not from the RCU department, it is from UKVI team 01243218117 to whom I had escalated last friday. I am still waiting reply from RCU department.
Link is : https://ukvi-international.faq-help.com/

No wonder they are telling you to contact the EC/VFS!!
You are calling a number that you found on a webpage which says in bold and highlighted text "Contact UK Visas and Immigration from outside the UK"
And you are inside the UK!!
So if you call the wrong number you are bound to get wrong answers!

Anyways, do use the "email us" link and explain everything again.

Have you tried calling the UKV&I helpline for in-country migrants, like I suggested earlier. If not, call them and see if they can put you to the RCU or another relevant department

sushdmehta wrote:What else you may do:
1. Call the UKV&I helpline, explain the issue and see if they can forward your call to someone who can help.
2. If you are based in / around London, try visiting the Croydon PEO and explain the matter at the reception. They might put you through to someone inside who can help.
If you are not in London but in another city where there is a PEO, do the same.