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Tier 2 Dependant - Leave Extension

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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erodigie
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Tier 2 Dependant - Leave Extension

Post by erodigie » Thu Dec 06, 2018 11:00 pm

Hi,

Can someone help me please? I have been on Tier 2 visa for 5 years and put in a same day application for ILR in October 2018. I was told my application was valid but had to be passed to the sponsorship team for some verification.

After almost 8 weeks, my company heard from the Sponsorship Team and the Home Office came to my company for an audit. We are awaiting the feedback from that.

My current visa expires on the 15th of December 2018. The challenge is that my 6 year old daughter is on a Tier 2 dependant visa that expires on the same day 15th December 2018. She was born in the U.K. and as such I did not add her to my ILR application as my plan was to register her as a British Citizen once I got a positive decision.

What do I do now regarding her stay please? What happens after the 15th of December if I don’t hear back from the Home Office regarding my ILR application. Will she become illegal and an overstayer? Do I need to put in an application for her prior to the 15th? If so, what application/route please? I’ve been told different things so not sure what to do.

Please help.


Thanks

erodigie
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 8:44 am

Hello everyone. Good morning. Can someone help me with my query please?

erodigie
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 3:45 pm

Can anyone help me please? Would really appreciate

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Fri Dec 07, 2018 4:02 pm

You need to submit their applications before their visas expire and write a covering not for their applications to be decided once your ilr is granted. If your ilr fails, their applications will likely also fail.
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 4:31 pm

Thank you for coming back to me.
What application do i submit though please?

Should it be via Further Leave to Remain on the FLR-FP form or a Tier 2 Dependant application? I'm asking because my Tier 2 visa expires on the 15th of December and her current Tier 2 dependant visa expires on the 15th of December, 2018. I have my ILR application in the system which I suppose gives me cover should I not hear back after the 15th but I want to ut in an application for her so she's covered.

I'm just not sure what application to make for her.

Please advise

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Fri Dec 07, 2018 4:38 pm

Is this only your daughter or a spouse too??

Did you have any issues that would raise a red flag to HO before you applied for ILR, like a sudden large salary increase for example??
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 4:50 pm

Hi,

Its just for my daughter.

Yes, I had a salary increment a month before I applied for ILR. I was due to apply a few months earlier but didn't earn enough. Also my company had never been audited so that must have flagged up when i applied. I was told my application is valid but had to be passed to the sponsorship team before a decision can be made.

The audit happened on the 26th of November.

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Fri Dec 07, 2018 4:52 pm

What was your salary before and after the increase?
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 4:53 pm

before: 29601 working 33 hours a week
after: 35500 working 33 hours a week

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Fri Dec 07, 2018 4:56 pm

Ahhhh, instant red flag for HO, who have been fully aware of this ruse for a couple of years now and fully investigate.

Many have only received increases to meet the ILR requirements. Quite a few have been refused and sponsor license revoked.
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 5:05 pm

Too bad, fingers crossed that doesn't happen with me.

I am now married and my partner is British so I guess worse case scenario, I will switch to the spouse visa. I didn't go through that route because after 5 years on Tier 2, I just wanted to finish what i had started. Besides switching to spouse visa as opposed to applying for PR via Tier 2 would have set me back and I would need to be here for another few years before I qualify for ILR.

What do I do in the meantime with regards my daughter please? How can I extend her stay while my ILR application is still being decided?

is the Tier 2 Dependant on Set O a valid route to go or should it be Further Leave to Remain on the FLR FP form? Or should it be another route?

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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Fri Dec 07, 2018 6:47 pm

Hi, thanks for your help so far. Can you answer the last question please as I am still not sure what to do

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Fri Dec 07, 2018 6:51 pm

You can do set O, again it will depend on whether your ilr is approved as a PBS dependent cannot apply for ILR independently of the main pbs visa holder if the main pbs visa holder is not applying or does not hold ILR.
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Sat Dec 08, 2018 6:57 am

Thank you so much for your responses. The ILR is very expensive and not guaranteed as you say it depends on mine, so I’m thinking of cheaper alternatives... Can I put in a valid Tier 2 dependant application to extend her stay while my ILR application is still being considered. My concern is that my tier 2 visa expires on the 15th of December 2018 but I was told that while my ILR application is being considered, my conditions are still valid. Would a Tier 2 dependant application for her at this stage be valid please? Or is she safer going via FLR FP?

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Sat Dec 08, 2018 9:35 am

You can do a tier 2 dependent before her visa expires and again will have to ask for it to be held till your ilr is resolved. If your ilr fails, her visa app will also fail.
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Mon Jan 14, 2019 2:15 pm

Happy New year everyone... Quick update, I finally heard back from the HO on my ILR application - it was granted on the 6th of January 2019. I can only assume that our audit went well. Thank you so much to everyone who contributed in one way or another.

I had put in a Tier 2 dependant application to extend for my daughter before her visa expired while I was still waiting for a decision on my ILR. As she was born in the UK, I am now looking to get her registered as a British Citizen. Is there anything I should be mindful of please?

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Re: Tier 2 Dependant - Leave Extension

Post by CR001 » Mon Jan 14, 2019 2:34 pm

Congrats.

Nothing particularly, however, please post citizenship questions in the British Citizenship sub forum further down the main forum page.
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Re: Tier 2 Dependant - Leave Extension

Post by erodigie » Mon Jan 14, 2019 3:00 pm

Ok thank you

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