Tier 4 dependant Overstay

[Inphoenix]

I am on a Tier 4 Visa and my dependant's visa validity is 4 months less than mine and has now expired by almost 2 months.

I am about to apply for my Postgraduate work visa, and for my dependant as well. What do I do in the present circumstances?

[ywlgy]

Your dependant is an overstayer now and very likely their application will be refused because the overstay is longer than 14 days. They could still try to apply, but a safer bet may be voluntarily leaving the UK and applying from abroad after 12 months.

[CR001]

Your dependant is an overstayer now and very likely their application will be refused because the overstay is longer than 14 days. They could still try to apply, but a safer bet may be voluntarily leaving the UK and applying from abroad after 12 months.

Dependents won't be able to apply as graduate dependents as you have advised. The requirement is that they must be current tier 4 dependents to qualify.

https://www.gov.uk/graduate-visa/your-p ... d-children

[vinny]

I am on a Tier 4 Visa and my dependant's visa validity is 4 months less than mine and has now expired by almost 2 months.

Why was your dependant’s visa expiry date different from yours?

Period and conditions of grant for a dependent partner or dependent child of a Student

ST 39.1. A dependent partner will be granted permission which ends on the same date as the Student’s permission.

ST 39.2. A dependent child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.

Previously, subject to 319D(a).

If the endorsement was issued in error, then try asking them to correct it or give some remedy.

[sah10406]

I am about to apply for my Postgraduate work visa, and for my dependant as well. What do I do in the present circumstances?

As others have said, having taken no action to extend their permission before it expired, and having now been an overstayer for 2 months, your dependant cannot now apply as your Graduate route dependant from within the UK because their Student dependant permission expired more than 14 days ago. They also cannot apply overseas because there is no provision for Graduate route dependants to apply outside the UK.

As an overstayer they need to stop any work or study, and leave the UK. They need to wait out the 12-month ban before they can apply for any kind of visa again, including as a visitor.

You may wish to prioritise switching into Skilled worker within those 12 months, so your dependant can apply as your Skilled worker dependant when their 12-month ban has expired. Unlike with Graduate dependant, such applications can be made outside the UK.

[Inphoenix]

Dependant is a minor and both parents are in the UK

[vinny]

What was the other parent’s leave/permission?
Overstaying has grave consequences.

[Inphoenix]

Other parent has a skilled visa

[vinny]

As you didn’t comment that the child’s leave was in error, I’m assuming that it was correct.

Why didn’t the dependant child extend with a parent before expiry of leave? They may now refuse any leave to remain application that is subject to 39E.

They should really abolish 39E for minor children if they were serious about safeguarding the best interests and welfare of children under Section 55.

9.8.4. permits a minor child to apply for entry clearance in an eligible category such as a Skilled worker dependant without facing a reentry ban.

[Inphoenix]

I omitted to apply to extend because I did not intend to go through the graduate route, but to return by my course end date. I also could not return with the child because her father had obtained a Prohibitive steps order that prevented me from taking the child out of the UK.