Dependent visa for Tier 2 applicant

Hi All,

I have a query on Tier 2 Intra company transfer dependent.

I have been sponsored my Intracompany transfer visa and had applied along with my two dependents from India.

My visa was granted but my dependents visa aged 9 years and 2 years was rejected stating I did not provide any proof that my husband is currently in the UK.

My husband is in the UK for the past 1 1/2 years on TIER 5.His visa expires Sep '11.I have been in India throughout with the kids and have now independently applied for a TIER2 ICT.

I am not sure whether such a rule exists that I need to provide proof of my husbands residence in the UK when the kids will be a dependent under my TIER 2 Visa.

I had however attached his passport copy and a consent letter from him for the kids to move to the UK.

Can anyone please suggest the options I have, whether it is a sound case for appeal or should I re apply.Will the fact that my husbands visa expires in the next 3 months be a deterrent to the application

Your quick suggestion will really be helpful.

Thanks!

ramad wrote:I had however attached his passport copy and a consent letter from him for the kids to move to the UK.

Did you submit a copy of the visa page of your spouse's passport?

No I did not, I only submitted the passport copy and a letter of consent.His visa expires in Sep after which he needs to move in as my dependent hence did not submit

ramad wrote:I am not sure whether such a rule exists that I need to provide proof of my husbands residence in the UK when the kids will be a dependent under my TIER 2 Visa.

If your kids were applying as YOUR dependants, I don't see why your husband's status should come into play (Unless under Part 7 of the PBS dependant form you filled in your husband's details instead of yours).

ramad wrote:I had however attached his passport copy and a consent letter from him for the kids to move to the UK.

I don't think you should have involved him at all (except when filling out Part 4 of the form).

ramad wrote:whether it is a sound case for appeal or should I re apply.

I think you could do both with emphasis on the fact that your kids are applying as YOUR dependants not your husband's.

I applied for the kids as my dependents but had to give spouse details as requested in the form.It is really strange - why I had this rejection.

If I apply now giving my husbands visa details since this expires in 3 months will this pose a problem ?

Can someone advise me on this please.

Thanks!

ramad wrote:I am not sure whether such a rule exists that I need to provide proof of my husbands residence in the UK when the kids will be a dependent under my TIER 2 Visa.

319H(f)

vinny wrote:319H(f)

Hmm, that explains things. Good eye Vinny .

Thanks for the clarification. Need your advise on next steps

1) So is there any case for an appeal ?

2) If I reapply, can the visa be refused on the ground that my husband has visa validity only for the next 3 months.

Can someone help me with this query please