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messy situation re T2 dependent visa

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

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agileflower
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Joined: Tue Sep 04, 2007 2:14 am

messy situation re T2 dependent visa

Post by agileflower » Mon Jul 06, 2015 6:38 pm

Right - I'm not sure where to even start.

I'm a dual US/UK citizen. I naturalised in 2010. My OH is currently separated, but present in the UK as a dependent on his wife's T2. She up and quit her job on a whim, and I suspect is now creating herself a problem as she's gone to work for someone else whilst applying for a T1. She hasn't gotten her 'leave in 60 days' letter yet but still. I didn't think she could do that. I'm worried it's going to make him 'in breach' right now. I'm also kind of worried that their whole status is a problem.

OH works for someone under his current status which is in the process of becoming a sponsor and are intending to sponsor him on his own back as a T2 employee. They let their sponsorship ability lapse....so it's feeling like a race between getting to get to the point where he can apply (after they are approved, he leaves, applies and comes back after approval) and her getting her letter telling her she has to leave. It seems to me he's still stuck having to leave unless his T2 comes in before that 60 days is up. From what I understand he can't come back for a year as a sponsored T2.

Is that all a somewhat fair understanding of things? Am I missing something?

Wanderer
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Ireland

Re: messy situation re T2 dependent visa

Post by Wanderer » Mon Jul 06, 2015 8:03 pm

As he's no longer a dependant on his wife's visa he's in breach of his immigration status IMHO.

He should leave the UK and apply as a spouse when free to marry, there's no way he can regularise his stay from within the UK unless he lies about his situation wrt to his status.
An chéad stad eile Stáisiún Uí Chonghaile....

agileflower
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Posts: 18
Joined: Tue Sep 04, 2007 2:14 am

Re: messy situation re T2 dependent visa

Post by agileflower » Mon Jul 06, 2015 8:20 pm

He doesn't get the 60 days as she does? She's still on her T2. He doesn't ever want to lie - he was told he would have the same 60 days, and when hers became invalid (60 days after the letter, up to 28 days overstay) so would his. I just looked at the dependent policy guidance and it doesn't have something like 'stay living together' as a condition of stay. (Though I get the spirit of the situation). He doesn't want to be in breach.

agileflower
Newly Registered
Posts: 18
Joined: Tue Sep 04, 2007 2:14 am

Re: messy situation re T2 dependent visa

Post by agileflower » Mon Jul 06, 2015 8:20 pm

He doesn't get the 60 days as she does? She's still on her T2. He doesn't ever want to lie - he was told he would have the same 60 days, and when hers became invalid (60 days after the letter, up to 28 days overstay) so would his. I just looked at the dependent policy guidance and it doesn't have something like 'stay living together' as a condition of stay. (Though I get the spirit of the situation). He doesn't want to be in breach.

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

Re: messy situation re T2 dependent visa

Post by vinny » Tue Jul 07, 2015 1:36 am

agileflower wrote:From what I understand he can't come back for a year as a sponsored T2.
The one-year restriction (245HB(g)) is applicable, if he had leave under Tier 2 during the preceding year, not if he had leave as a dependant.
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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