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dependant visa query

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

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kiran_tc
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dependant visa query

Post by kiran_tc » Sat Nov 23, 2024 7:30 pm

Hello,

request your help on below query.

Q1-
I am on Global mobility visa and it is expiring in Nov 2025.
My spouse is on the skilled worker visa and her visa expiring in Aug 26. Our daughter who is on spouse's dependant visa got visa until Nov 2025.

If i have to go back to home country in Apr 2025, I would like to know if I can apply for dependant visa on my spouse's skilled based visa from home country.

Q2 -
can I parallelly hold Global mobility visa and dependant skilled based visa?

regards

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CR001
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Re: dependant visa query

Post by CR001 » Sat Nov 23, 2024 7:42 pm

Q1 - Yes you can. You can apply within the UK. You do not have to leave the UK to switch to a dependent visa.

Q2 - No you cannot. The rules don't allow a person to hold two visas at the same time. Once a dependent visa is granted, your current visa will be cancelled.

Note that a dependent visa will only be issued with the same expiry date as your spouse's visa.

If you switch within the UK, you should apply for your daughter as well to get the longer visa validity in line with your spouse's visa.
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kiran_tc
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Re: dependant visa query

Post by kiran_tc » Sat Nov 23, 2024 8:40 pm

Hello,

Sorry, i was not clear in my Q1

I would like to know if I can apply for dependent visa from India and not from UK - For example can I apply for dependant visa in Sep 2025 while our daughter is in UK and we apply for daughter's dependant extension afterwards from UK.

regards

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CR001
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Re: dependant visa query

Post by CR001 » Sat Nov 23, 2024 9:20 pm

You could yes, provided you get a dependent visa before your daughters visa expires.
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kiran_tc
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Re: dependant visa query

Post by kiran_tc » Sun Nov 24, 2024 11:02 am

Hello,

Q3-
We have applied for my daughter's dependant visa in Jul 23 based on her mother's skilled based visa.
My daughter got skilled based dependant visa in Nov 2023 starting from Nov 2023 until Nov 2025. I think this is due to reason that my global mobility visa was expiring in Nov 23 for which i submitted extension application in Sep 23. my global mobility visa got extended from Nov 23 until Nov 25.

We would like to know for ILR calculation of dependant, will it consider the time spent as dependant on global mobility visa since it was applied in Jul 23?

what could be the reason the visa was granted only from Nov 23 for my daughter?

Regards
Kiran

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CR001
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Re: dependant visa query

Post by CR001 » Sun Nov 24, 2024 11:18 am

The immigration rules state that a childs visa will be granted in line with the parent whose visa expires first. Your daughters application was likely held based on your visa and I am fairly certain UKVI would have communicated this with you or your spouse.

This was already explained to you in June 2023 when you asked.

https://www.immigrationboards.com/viewt ... 2#p2119072

Also, there is no 5 year minimum for children applying for ILR. They apply for ILR when both parents do, regardless of how long they have been in the UK.

ILR is also not based on when you applied for a visa, but from visa issue/approval date, for adults.
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kiran_tc
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Re: dependant visa query

Post by kiran_tc » Sat Nov 30, 2024 8:18 pm

Hello,

I have a another query related to ILR for my daughter who is on dependant visa of my wife's skilled based visa.
if my wife gets ILR in Dec 2028 but i do not get ILR due to different visa category. what are the options available for my child to get ILR. Her date of birth is Oct 2012.

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CR001
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Re: dependant visa query

Post by CR001 » Sat Nov 30, 2024 8:31 pm

Your daughters date of birth is irrelevant. Presumably she was born abroad and has NOT spent 10 years in the UK?

If your wife gets ILR, your daughter does not qualify for ILR based on her dependent visa until YOU qualify for ILR or your daughter reaches 10 years legal residence.
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Re: dependant visa query

Post by kiran_tc » Sat Nov 30, 2024 8:50 pm

Hello,

My daughter was born in India and has not spent 10 years yet.

I heard that we can apply for the private life visa once she completes 7 years of UK residence and then ILR. Please let me know.

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CR001
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Re: dependant visa query

Post by CR001 » Sat Nov 30, 2024 9:03 pm

I heard that we can apply for the private life visa once she completes 7 years of UK residence and then ILR.
No, you 'heard' incorrectly. She continues on her current visa. Private Life route is not an easy route. Private Life ILR requires your daughter to have a the relevant private life visa for a minimum of 12 months. To get a private life visa, a parent or both parents must usually also be applying for it and meet the relevant requirements. The processing time for Private Life visa is currently 12 months or longer. You also have to prove it would be unreasonable to expect her to leave the UK (this doesn't usually apply to those on the visa routes you and your spouse are on).

As long as you hold our current visa or a skilled worker dependent visa, your daughter will likely not qualify for a private life route visa.

You seem to be looking for shortcuts or some way to circumvent your current visa statuses.
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