Tier 2 gen - main applicant is refusing to extend dependent

[George1123]

Hi guys,

I need your help urgently and many thanks in advance.

I am Tier 2 general dependent visa holder, which expires this December. My relationship with my spouse is in a very bad situation and she doesn't willing to extend my visa. She told me today that she applied already to extend her and my daughter's (5 year old) visa.

My questions are

1. What can I do to be able to stay in UK near my daughter?

2. Is it legal that my wife applied for a visa for my daughter without my consent?

3. I found the following statement in gov.uk website

You should include any dependents who are on your current visa on your application to extend - including children who have turned 18 during your stay.

Does this mean that my wife must apply for me as well and she can't apply for her without applying for me?

Thanks again

[George1123]

Any advice is much appreciated.

[Frontier Mole]

There is no requirement for your wife to extend your dependent visa so you will have to look at another route to remain in the UK.
I suggest you contact a lawyer as you may have to apply outside of the immigration rules.

[George1123]

Thank you very much for your reply Frontier Mole

I found the following guide regarding the children of points based migrants and will appreciate if you or someone else could help to interpret it. As I understand, my wife can't apply for visa for my daughter (without applying for me) unless she show that she is solely responsible for her. Is that correct?

Please see the underlined paragraph and thanks very much for any advice

Source: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Requirements of paragraph 319H of the Immigration Rules

To be granted entry clearance or leave to remain as the child of a PBS migrant, an applicant must meet the requirements of paragraph 319H of the Immigration Rules:

 The applicant must not fall for refusal on general grounds and must not be an illegal entrant.
 The applicant must be the child of a person who:
o has leave as a PBS migrant
o is being granted leave (including indefinite leave to
remain (ILR)) at the same time as a PBS migrant,
or
o has indefinite leave to remain or British citizenship
and who was last granted ILR under the rules
relating to Tier 1, 2 or 5 of PBS.
 The applicant must be under the age of 18 on the date of application unless they are applying for leave to remain and were last granted leave as:
o the child of a PBS migrant, or
o the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time.
 The applicant must not:
o be married or in a civil partnership
o have formed an independent family unit
o be leading an independent life.
 The applicant must not intend to stay in the UK beyond any period of leave granted to the PBS migrant.
 Both of the applicant’s parents must be lawfully present in the UK or being granted entry clearance or leave to remain at the same time as the applicant, unless:
o the PBS migrant is the applicant’s sole surviving parent
o the PBS migrant has and has had sole responsibility for the applicant’s upbringing, or
o there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for applicant’s care.
 The applicant must meet the maintenance requirements, unless the PBS migrant is a:
o Tier 1 (Investor) migrant, or
o Tier 1 (Exceptional talent) migrant.
 An applicant applying for leave to remain must:
o have leave, or have last been granted leave, as the child of a parent who had leave under any category of the Immigration Rules, or
o have been born in the UK to a parent who had leave under any category of the Immigration Rules
 If the applicant is a child born in the UK to a PBS migrant and their partner, they must provide a full UK birth certificate showing the names of both parents.
 All arrangements for the applicant’s care and accommodation in the UK must comply with relevant
UK legislation and regulations.

[Frontier Mole]

If your wife has already applied don't expect UKVI to refuse the visa just because you are not included.
The visa being an extension will go through without too much trouble. The fact your not included may or may not get picked up. Their view on the matter is different on first entry to that on in country extension. If your wife has put a covering letter saying the marriage is no longer subsisting then they will grant the visa without too much question.
As I said you need to find another route to remain if you are no longer going to be your wifes dependent.