Regarding dependant Tier 2 Extension from India

[shiney]

Hi Experts,

I am in a dilemma and need some suggestions and advice.

So myself and my family(wife and daughter) have a tier 2 ICT visa till September end. We have been in UK from Sept 2010.

As i have too much travel to do with respect to my work and my daughters school was starting i decided to send them back to india. So for nearly around 2 years they are in india and they visit me in between for couple of weeks and mostly i travel to india.

So this is the situation, but now we have to renew our visa. These are the following queries.

1. Is it possible that i renew my visa in UK and can they separately renew the visa back in india before their visa expirers?. My companys laywer states that we have to renew it from UK itself ?. Is this correct ?

2. What happens if i let their visa expire and later next year can i reapply their dependent visa. Is this too much of an hassle ?

Kind Regards,
Shiney

[CR001]

1. You can only apply for an extension or renew a visa within the UK. Applying from India is a new entry clearance visa.

2. Your choice, applying for a new visa next year is possible.

[manci]

The company lawyer is correct, their PBS Dependant visas can only be extended if they apply in the UK.

However, they can apply for new visas (entry clearance) from India but the process is more involved than a straightforward extension would be. Also keep in mind that one of the requirements for entry clearance is that you and your wife must intend to live together permanently in the UK, see Appendix FM, E-ECP.2.10: https://www.gov.uk/guidance/immigration ... ly-members.

If the present arrangement of you living in the UK and they living in India is intended to continue it may be more appropriate to apply for long term visitor visas for them.

[geriatrix]

1. Appendix FM is not applicable in OP's case but the "intention to live together in the UK" applies to every dependant, irrespective of the immigration category.
2. If the spouse is not employed in India it is unlikely that a visitor visa application will be granted. A visitor visa application by dependants of migrants living in UK comes under great scrutiny.

[manci]

1. You are right, the correct reference that I should have given is 319C(e).

2. The OP's family members may indeed have difficulty obtaining visitor visas but this will depend on their personal circumstances which haven't been disclosed (apart from the daughter's schooling in India).