ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
isnr
Newly Registered
Posts: 6
Joined: Tue Dec 10, 2019 4:59 pm
India

ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

Post by isnr » Sun Nov 20, 2022 9:40 pm

We came to the UK ( My wife, Son, Daughter, me) on 21st July 2011 on ICT Tier 2 Visa. My Wife, Son, Daughter have been on ICT Tier 2 Dependent visa since

1. I became a UK Citizen in Oct 2022
2. My Wife & Daughter have been moved to Family dependent visa in 2021 - but living in UK & in India (but mostly in UK)
3. My Son has been still on ICT Tier 2 Dependent visa (not moved into Family dependent visa) - Living in UK & India for studies (but mostly in India & currently in India).
3a) My Son's age on 8th Feb 2021 was 18 years (His Date of Birth is 8th Feb 2003) i.e Adult
3b) He will complete undergraduate studies in India next year and come back to UK for Master's studies
3c) His current visa ICT Tier 2 Dependent expires Feb'23

My queries: 1) Can I apply for his current visa extension? 2) Any other/better approach for him to come back to the UK for Studies/Work/Settlement?

isnr
Newly Registered
Posts: 6
Joined: Tue Dec 10, 2019 4:59 pm
India

Re: ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

Post by isnr » Tue Nov 22, 2022 2:24 pm

Requesting for any response please !

secret.simon
Moderator
Posts: 11020
Joined: Thu Feb 21, 2013 9:29 pm

Re: ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

Post by secret.simon » Tue Nov 22, 2022 2:42 pm

Your child would likely be eligible to extend their PBS dependent visa provided they are "not leading an independent life" AND you got your visa based on a PBS route and not on the Long Residence route. How did you get your ILR?
Age requirement for a dependent child of a Skilled Worker wrote:SW 32.2. If the child is aged 16 or over at the date of application, they must not be leading an independent life.
Interpretation wrote: “Must not be leading an independent life” or “is not leading an independent life” means that the person:
(a) does not have a partner; and
(b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education); and
(c) is not in full-time employment (unless aged 18 or over); and
(d) is wholly or mainly dependent upon their parent for financial support (unless aged 18 or over); and
(e) is wholly or mainly dependent upon their parent for emotional support.
So you would want to show that your child was at uni and probably also that he returns regularly to the UK for his holidays, to spend time with his family outside term time.

Keep in mind that his long absences from the UK will have impact on things other than his immigration status. Home Student status and student finance in England requires that they have been resident in the UK and Islands for the full three year period before the first day of the first academic year of the course AND also either have at least ILR or have resided in the UK for at least half their life (so, at least 9+ years). So, your child will have to pay the Overseas Student rates for their Masters degree, even if they are living in the UK. (As an aside, that was the case with me too. When in the UK on my Tier 1 visa, I had to pay the Overseas Student fees for my part-time Masters that I was doing alongside my full time job. So I was paying full taxes in the UK, but was billed as an Overseas Student.).

Also keep in mind that your child will need to meet the full absences requirements for British citizenship in his own right as an adult. So the long absences now will considerably delay his British citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

isnr
Newly Registered
Posts: 6
Joined: Tue Dec 10, 2019 4:59 pm
India

Re: ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

Post by isnr » Wed Nov 23, 2022 3:17 pm

Thanks for your reply.

Until last year , I was on ICT Tier 2. Then, through 10 years long route, I obtained my ILR in 2021 June.
Recently, I got my British passport.

My son's PBS Dependent Visa will expire on Feb 2023. I got this his visa along with my ICT Tier 2 visa extension in 2020.

I am ok to pay for his master's overseas student fee.

But your response makes me to think more now: Does it make sense to bring him here on Student Visa (then PSW) i.e on his own
Vs
Bring him here on PBS Dependent Visa (which will cease as soon as he gets job here)

Requesting your suggestions please

isnr
Newly Registered
Posts: 6
Joined: Tue Dec 10, 2019 4:59 pm
India

Re: ICT Tier 2 Dependent Child has become ADULT. He lived in UK & India. Can his Visa be extended ?

Post by isnr » Mon Dec 19, 2022 4:37 pm

Hi, I approached 3 Immigration consultants
1. He told me to apply for ILR; But if they refuse they may give you an option of Private Life with limited leave to remain. Apply from within UK

2. She told me, ILR will be straight away refused. Hence apply for Private Life with limited leave to remain. Apply from within UK

3. This person told me, as he was dependent before he turns 18 years of age, he can now apply for Family dependent visa. Apply from within UK

I do not want to go for appeal. Because, my son needs to go back to India in 6 weeks to complete his under graduation

Please suggest - what is better option to try for a visa for my son ??

Locked
cron