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Tier 2 visa-Main Applicant and Dependents apply separately queries

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

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Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by emmasf » Thu Jul 23, 2020 3:43 pm

Hi everyone,

Main Applicant, eligible for ILR at 20/10/2020.
Dependent Wife, eligible for ILR at 01/09/2022.
Dependent Kid, eligible for ILR at 05/11/2022.

Our current T2 Visa expires at 14/11/2020.

The main applicant just got a new job and get a new cos from 01/09/2020 to 01/09/2022.

Here is our plan,
Main applicant and Dependent kid apply for a new T2 visa together.

When the main applicant applies for ILR at 20/10/2020, Dependent wife can apply for 3 years dependent T2 visa at the same time.

Yes, we hope would save one year NHS fee. But not sure if there any problem with the plan.

Thanks very much!

Emma

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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by CR001 » Thu Jul 23, 2020 6:38 pm

There is NO requirement for the dependents to apply for a visa now. They just apply shortly before their current visa expire. The child also only qualifies for a visa extension when your spouse applies for an extension.


IHS fees are increasing in October to £625 per person per year. So you won't actually save anything.
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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by emmasf » Thu Jul 23, 2020 9:18 pm

CR001 wrote:
Thu Jul 23, 2020 6:38 pm
There is NO requirement for the dependents to apply for a visa now. They just apply shortly before their current visa expire. The child also only qualifies for a visa extension when your spouse applies for an extension.


IHS fees are increasing in October to £625 per person per year. So you won't actually save anything.
Thanks very much for your reply.

Sorry, I misunderstand something and didn't make myself clear.

The reason I asked is we should have two plans for now.

Plan A:

Main applicant, Dependent wife and kid apply for a new T2 visa together now, which will be expired 01/09/2022. At that time, dependent kid is qualified to apply for ILR. But dependent wife still not reach 5 year requirement, which means she still need another 3 years extension then. It indeed cost more money, So we are thinking of Plan B.

Plan B:

Main applicant and Dependent kid apply for a new T2 visa together now.
Dependent wife keep waiting till 20/10/2020(before current visa expired) to apply for 3 years dependent T2 visa along with main applicant applies for ILR. Dependent Kid just remain the T2 visa untill reach 5 years-requirement.

My question is :
Do we allow to apply separately like Plan B?
I understand Plan B may have a risk if Main applicant fail at ILR, same as dependent wife, right ?
Except that, any other issues we need to be awarded in advance?

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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by CR001 » Fri Jul 24, 2020 6:21 am

What date was the initial visa issued for your wife?

There is no 5 year requirement for children. The child can apply for ilr when your wife does or both of you apply together.
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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by emmasf » Fri Jul 24, 2020 8:08 am

CR001 wrote:
Fri Jul 24, 2020 6:21 am
What date was the initial visa issued for your wife?

There is no 5 year requirement for children. The child can apply for ilr when your wife does or both of you apply together.
Thanks, Char, really appreciate your reply.

My initial visa issued date is 13/11/15.
My wife's initial visa issued date is 01/12/17.
My kid initial visa issued date is 15/09/17.

Not sure If I have understood you correctly. Which means I can apply for a new T2 visa alone at the moment.
Then, When I apply for ilr at 18/10/20(before their current visa expired at 14/11/20), they can apply with me together, the difference is my child can apply for ilr and only my wife apply for 3 years depend visa.
Am i right?

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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by CR001 » Fri Jul 24, 2020 8:21 am

Your dependents must both apply for a PBS dependent visa extension before their current visas expire. They will both apply for a 3 year extension.

Your child CANNOT apply for ilr if your wife is not applying too. The rules don't allow this. The child will follow the same path as the mother.

When your wife is eligible for ilr, the child can apply with her.

Important to note that the IHS is increasing from £400 per year per person to £625 per year per person in October. That means the new IHS will be £1875 each plus visa fee each if you apply after 1st October for your dependents.
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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by emmasf » Fri Jul 24, 2020 9:09 pm

CR001 wrote:
Fri Jul 24, 2020 8:21 am
Your dependents must both apply for a PBS dependent visa extension before their current visas expire. They will both apply for a 3 year extension.

Your child CANNOT apply for ilr if your wife is not applying too. The rules don't allow this. The child will follow the same path as the mother.

When your wife is eligible for ilr, the child can apply with her.

Important to note that the IHS is increasing from £400 per year per person to £625 per year per person in October. That means the new IHS will be £1875 each plus visa fee each if you apply after 1st October for your dependents.
Thanks so much! I totally understand your explaination.

My point is could it possible that my child and I both apply with new job T2 visa together now? Because I need to do it soon to start a new job at a new place. It is only 2 years extension from Sep 2020, which still could make my child meet the 5 year requirement before her T2 visa expired at Sep 2022, of course only need pay 2 years IHS for £800 for her. Then that means child will apply ILR herself before my wife, right?

About my wife, we plan to apply for her a 3 year extension at October while I apply for ILR.
Do I have to wait for the ILR result first(need pay extra for a faster decision if aviaible) then submit my wife's application? or we can do it at the same time?(May be risk if i fail.)

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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by CR001 » Fri Jul 24, 2020 9:25 pm

My point is could it possible that my child and I both apply with new job T2 visa together now? Because I need to do it soon to start a new job at a new place. It is only 2 years extension from Sep 2020, which still could make my child meet the 5 year requirement before her T2 visa expired at Sep 2022, of course only need pay 2 years IHS for £800 for her. Then that means child will apply ILR herself before my wife, right?
You are missing my points completely.you should apply for the child when your wife applies. The child CANNOT apply for ilr if your wife is NOT applying for ilr at the same time or if your wife does not have ILR already. The immigration rules do NOT permit this at all and the child's ILR will be refused. The child avis's will still be short to apply for ilr if you extend the visa for 2 years and the child will need another visa extension of 3 years before applying for ilr when your wife does.
About my wife, we plan to apply for her a 3 year extension at October while I apply for ILR.
Do I have to wait for the ILR result first(need pay extra for a faster decision if aviaible) then submit my wife's application? or we can do it at the same time?(May be risk if i fail.)
She must apply, with your child, BEFORE their visas expire, regardless of whether you have ILR or not or whether you all apply on the respective applications together or not. Super priority service is currently not available and is also not a guaranteed service.
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Re: Tier 2 visa-Main Applicant and Dependents apply separately queries

Post by emmasf » Fri Jul 24, 2020 11:06 pm

CR001 wrote:
Fri Jul 24, 2020 9:25 pm
My point is could it possible that my child and I both apply with new job T2 visa together now? Because I need to do it soon to start a new job at a new place. It is only 2 years extension from Sep 2020, which still could make my child meet the 5 year requirement before her T2 visa expired at Sep 2022, of course only need pay 2 years IHS for £800 for her. Then that means child will apply ILR herself before my wife, right?
You are missing my points completely.you should apply for the child when your wife applies. The child CANNOT apply for ilr if your wife is NOT applying for ilr at the same time or if your wife does not have ILR already. The immigration rules do NOT permit this at all and the child's ILR will be refused. The child avis's will still be short to apply for ilr if you extend the visa for 2 years and the child will need another visa extension of 3 years before applying for ilr when your wife does.
About my wife, we plan to apply for her a 3 year extension at October while I apply for ILR.
Do I have to wait for the ILR result first(need pay extra for a faster decision if aviaible) then submit my wife's application? or we can do it at the same time?(May be risk if i fail.)
She must apply, with your child, BEFORE their visas expire, regardless of whether you have ILR or not or whether you all apply on the respective applications together or not. Super priority service is currently not available and is also not a guaranteed service.
Thank you so much! I got it.

So sorry for my misunderstanding and really appreciate your time.

I will apply for my wife and kis for 3 year extension together along with my ILR application.

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