When to Apply for Dependents leave to remain

[avi]

Dear Rozero,

Thanks a lot for letting us know, please let us know when you receive it.

Cheers

Avi

[avi]

Hi Rozero,

Did you get a written confirmation from homeoffice, i got a reply from homeoffice, which states otherwise. Please see below.

@ Manci, what would you suggest, please let me know




From: DMC (Croydon)
Home Office

30 June 2015

Dear Mr Dubey,





Thank you for your email correspondence of 17 June. I am sorry for the
delay in replying to your email.



Please be informed that your dependant will need to apply for leave to
remain in line with your leave. Paragraph 319D of Immigration Rules
states;



319D. Period and conditions of grant



(i) Entry clearance or limited leave to remain will be granted
for a period which expires on the same day as the leave granted to the
Relevant Points Based System Migrant.



If a relevant Migrant changes their leave in anyway, their dependants
should also amend their leave to be brought in line (as above). This is
because a dependants leave is always granted on the basis of the relevant
Migrants situation. Once a new application is made, expiry dates are
almost always different to their previous grant of leave.



This would be dependant on any new application made by the relevant
Migrant, the outcome of that application and any leave granted to the
relevant Migrant. In addition, when UKVI become aware that the relevant
migrant is no longer working for the ‘old’ employer, any leave issued to
the migrant/s would possibly be curtailed. This could lead to being in
the UK without valid leave.



She will need to apply as soon as possible and will be granted in line
with yourself.



I hope this information is helpful.



Yours faithfully,





Mala Anand

UK Visas and Immigration

[iahsan]

@avi ... so the summary is that,

June 18: You phoned them and they said that dependants don't need a new visa.
June 30: They write to you saying that dependants do need new visas.

correct?

Was the June 30 communication further to the June 18 call or they are 2 separate queries?

[avi]

Yes its 2 separate queries. After i received the written communication i called them again and even then they said that dependents don't need to reapply. I have asked them to email me a written confirmation for this. The lady on the phone said she will get back to me by this Thursday. Will keep everyone posted.

Thanks

Avi

[Porus]

This conflicting advice from Home office and forum experts do give me an uneasy feeling.

[iahsan]

I would say twice on phone is good enough. If you want a written letter as a 'legal evidence', your calls recorded by UKVI are as good as a letter, you can do that yourself as well to have your own copy if that is the concern but considering that it is clearly a matter not even clear to the lawmakers themselves you will probably never get a response which is the same 10/10 times, letter or no letter.

If senior members like @manci have mentioned some internal directive SOPRU 2022, it must be something and if its internal we will never see it, so it will always be a case of taking some risk.

Even then, if dependents don't apply and the UKVI's own advise is incorrect, dependents will get a 'leave curtailment letter' at some point 90-120 days after your application, giving them 60 days to sort out their visa or leave and then it will be absolutely certain that they need to apply and they can then apply.

Isn't that the case?

Yes its 2 separate queries. After i received the written communication i called them again and even then they said that dependents don't need to reapply. I have asked them to email me a written confirmation for this. The lady on the phone said she will get back to me by this Thursday. Will keep everyone posted.

Thanks

Avi

[iahsan]

So here is an update,

I got my Tier-2 General processed (approved) at a premium centre today. My previous visa was also Tier-2 G meaning I am only changing jobs.

When all was done I asked the person on the desk if he can answer a query about dependants visa, he said yes.

I told him I have called the helpline and they have said "I don't need to reapply" but still there is conflicting advice and UKVI emails/letters around about whether now my dependants should also apply or they can continue till their current leave expires, his response was.

"You don't have to but we ADVISE that you do update (reapply) dependants visas whenever you change yours to keep all dates inline with main applicant".

I told him I understand that and it makes sense but that advise is going to cost me 3500 so is it REQUIRED or ADVISED?

His response was, "let me give you an example, if you are at an immigration desk and they check your BRP and your dependants' and they see the dates don't match they will have to do an inquiry into the matter and it can take long but there is no compulsion as long as they have a valid leave".

One exception to all this is that if your new Tier-2 leave is shorter than your previous one (for any reason) then your dependants will end up having a leave longer than yours which should not be possible so in that case maybe they need to reapply or have their leave curtailed but otherwise there shouldn't be any need to.

So unless I get a 'curtailment letter' for my dependants I don't think I am applying for their visas after all I have heard/read/asked.

[rozearo]

Dear All

Please find this information:

There is no requirement for a PBS dependent to apply for leave at the same time as the main applicant, providing that they continue to have valid leave. It is not necessary for PBS dependents to apply for new leave in these situations as there is no rule which states that the PBS dependent's leave is invalidated by the main applicant changing employer or even switching into a different PBS category.

this was sent from UK Visas and Immigration

[kawosika]

Dear All

Please find this information:

There is no requirement for a PBS dependent to apply for leave at the same time as the main applicant, providing that they continue to have valid leave. It is not necessary for PBS dependents to apply for new leave in these situations as there is no rule which states that the PBS dependent's leave is invalidated by the main applicant changing employer or even switching into a different PBS category.

this was sent from UK Visas and Immigration

Many thanks Rozearo for sharing this information. It goes a long way to confirm the previous posts and more than clarifies this previously grey area.

Well done all for your contributions and sharing.

[iahsan]

Dear Rozearo,

Thanks for the update.

Was this a phone call conversation or a written communication?

Dear All

Please find this information:

There is no requirement for a PBS dependent to apply for leave at the same time as the main applicant, providing that they continue to have valid leave. It is not necessary for PBS dependents to apply for new leave in these situations as there is no rule which states that the PBS dependent's leave is invalidated by the main applicant changing employer or even switching into a different PBS category.

this was sent from UK Visas and Immigration

[sumlak]

Hi All,

I've been in a similar situation and I didn't need any letter or confirmation from any lawyer or Home Office.
I was on Tier 2 from April 2012 - April 2015, My wife applied for a dependent visa and she got her visa valid until April 2015.
Later in 2013, I changed jobs and applied for new visa which was valid from Feb 2013 - Mar-2016 however my wife continued to stay on her initial permission valid until 2015.
Yet again, I changed jobs in 2014 and got my new visa validity until 2017. In March 2015 - My wife applied for extension and got her extension until my current visa until 2017.

There wasn't any issue with her application as such and she got her visa in 3 weeks time after she applied.

However; it may depend case by case. Its better to consult but I thought to share my experience.

Thanks

Dear All,

I have contacted the home office & they confirmed that dependents can stay on old visa if you are just changing the employer on Tier 2 visa!

I have requested a written confirmation about that information, but still waiting for it.

Regards

[iahsan]

Thanks a lot sumlak,

This is probably the first 'been there done that' case I have seen on the forum so far on this issue.

Helps a lot more to know if somebody actually been through what a lot of us are proposing here.

Thanks again for sharing.

Hi All,

I've been in a similar situation and I didn't need any letter or confirmation from any lawyer or Home Office.
I was on Tier 2 from April 2012 - April 2015, My wife applied for a dependent visa and she got her visa valid until April 2015.
Later in 2013, I changed jobs and applied for new visa which was valid from Feb 2013 - Mar-2016 however my wife continued to stay on her initial permission valid until 2015.
Yet again, I changed jobs in 2014 and got my new visa validity until 2017. In March 2015 - My wife applied for extension and got her extension until my current visa until 2017.

There wasn't any issue with her application as such and she got her visa in 3 weeks time after she applied.

However; it may depend case by case. Its better to consult but I thought to share my experience.

Thanks

[rozearo]

Dear Rozearo,

Thanks for the update.

Was this a phone call conversation or a written communication?

Dear All

Please find this information:

There is no requirement for a PBS dependent to apply for leave at the same time as the main applicant, providing that they continue to have valid leave. It is not necessary for PBS dependents to apply for new leave in these situations as there is no rule which states that the PBS dependent's leave is invalidated by the main applicant changing employer or even switching into a different PBS category.

this was sent from UK Visas and Immigration

It was a written confirmation in response to a phone call conversation