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When to extend PBS dependant leave?

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

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

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geriatrix
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When to extend PBS dependant leave?

Post by geriatrix » Wed Sep 02, 2015 1:33 pm

Is it compulsory for a Tier 2 dependant to apply for a new leave to remain when the principal Tier 2 migrant applies for leave to remain when changing employers or changing sub-categories within Tier 2 (e.g. - ICT to General)?
Will not doing so affect the dependant's eligibility for ILR?


NO (click)!


Reasoning:
Unlike how the principal migrant belongs to various sub-categories (ICT-ST, ICT-LT, Graduate Trainee, Skills transfer, shortage, General, etc.) within a category (Tier 2), a dependant belongs to just one category "PBS dependant". So, Tier 2 (ICT) dependant is no different from Tier 2 (General) dependant!

A dependant's leave relies on the leave of the principal migrant, and not on the principal migrant's employer / sponsor / employment.

There is no requirement in the immigration rules (319C) to suggest that the dependant must make a new leave to remain application at the same time when the principal migrant is switching categories (e.g. - from Tier 2 ICT to Tier 2 G) or changing sponsors.

A dependant's eligibility to settlement relies on the eligibility of the principal migrant for settlement and the time spent in UK as a "dependant of the same principal migrant (i.e. - same person)". The immigration rules (319E) do not state anything about the dependant having spent a given period of time in a specific sub-category (ICT, General, etc.) of Tier 2 dependant leave to be eligible for settlement.

See this Whatdotheyknow responses here.
Life isn't fair, but you can be!

geriatrix
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When to extend PBS dependant leave?

Post by geriatrix » Fri Oct 23, 2015 1:04 pm

Life isn't fair, but you can be!

geriatrix
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Re: Switching to PBS dependent route or extending?

Post by geriatrix » Sun Nov 15, 2015 11:37 pm

Life isn't fair, but you can be!

vinny
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Re: Switching to PBS dependent route or extending?

Post by vinny » Mon Nov 16, 2015 12:51 am

vinny wrote:Note that their answers contradicts a colleague's, whom I believe was wrong.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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