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Different BRP expiry date for dependent

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ankjet
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Posts: 3
Joined: Mon Feb 26, 2018 9:55 pm
India

Different BRP expiry date for dependent

Post by ankjet » Mon Feb 26, 2018 10:02 pm

Hi

Me and my daughter are here in the UK on a Tier 2 ICT visa. While my BRP expires in July 2019. My child's BRP expires in April 2018 itself. I never realised it until today that its expiring. However, on futuer investigation I found that, the end date of my child is tied to my husband's BRP end date who was already here on a independent ICT visa. He didn't apply for any dependent Visa for me and my child as we knew that I was anyways going to come here later on my own ICT

Can you please guide me as to whether I can get the new BRP for my child ?

Regards

vinny
Moderator
Posts: 33342
Joined: Tue Sep 25, 2007 8:58 pm

Re: Different BRP expiry date for dependent

Post by vinny » Tue Feb 27, 2018 12:18 am

Daughter's leave is subject to
319I. Period and conditions of grant wrote: (a) Entry clearance and leave to remain will be granted for:
(i) a period which expires on the same day as the leave granted to the parent whose leave expires first, or
...
So, she should extend with her father.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ankjet
Newly Registered
Posts: 3
Joined: Mon Feb 26, 2018 9:55 pm
India

Re: Different BRP expiry date for dependent

Post by ankjet » Tue Feb 27, 2018 9:17 am

Thanks. But will that be the case? As my husband is still here on his independent ICT visa. However, my daughter is my dependent
and she came with me. My husband came on his own ICT and may go back before I do. So my daughter will have to stay with me.

vinny
Moderator
Posts: 33342
Joined: Tue Sep 25, 2007 8:58 pm

Re: Different BRP expiry date for dependent

Post by vinny » Tue Feb 27, 2018 9:26 am

Unfortunately, that's what the quoted rules imply. Else, you would have to show sole responsibility or exclusion desirable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ankjet
Newly Registered
Posts: 3
Joined: Mon Feb 26, 2018 9:55 pm
India

Re: Different BRP expiry date for dependent

Post by ankjet » Tue Feb 27, 2018 8:17 pm

Thanks for the advice. Sorry for asking the question again. Just want to be double sure before I proceed. Here is my situation:

Me and my husband are here on independent ICT visas. He did not file any dependent visas for me and my daughter as we knew that I was coming on my own ICT and we decided that my Daughter's dependent Visa be filed with my application. Therefore, our daughter is here with us as my dependent. Following are the BRP end dates for each of us:

1. Me: 30th July 2019
2. My Husband: 3rd May 2018 (Already got a new COS and about to submit documents for extension till 30th Aug 2019 ).
3. My daughter: 3rd May 2018 (Same as Husband. Even though the dependent visa for my daughter was filed against my COS).

The question is, Who should file the extension for my daughter now ?

Should I use my existing COS (Valid till July 2019)?

or

Should my husband file my daughter's extension along with his application ? - Is this possible as currently my daughter is here as my dependent?

Looking forward to your guidance on the same.

vinny
Moderator
Posts: 33342
Joined: Tue Sep 25, 2007 8:58 pm

Re: Different BRP expiry date for dependent

Post by vinny » Wed Mar 07, 2018 6:42 am

I think she may apply with her father under 319H. But her leave will expire on the same day as the leave granted to the parent whose leave expires first.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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