Lapse of Tier 2 dependant after main applicant left UK

[perkacoffee]

HI all,

I have the following question: Will my wife's dependent visa lapse at the time when I leave UK as the main tier 2 leave to remain holder following my visa curtailment decision?

Our situation:
We are both no-EU nationals
I was granted tier 2 leave to remain in Oct 2015, valid until September 2018
My wife was granted tier 2 dependant leave to remain in Feb 2016
I was made redundant at my work in Nov 2016, HR notified HO in 10 days
We have not recieved any curtailment letters or other correspondence from HO yet.
I have got a job offer in Spain and plan to start working there on 1 Frb, therefore leaving UK.

Can my wife continue working for her employer if I leave UK? Is there any way to check our leave to remain status? Are our LRs tied together in ways other than taht a caseworker will curtail leave to the same date?

Thanks a lot for advice. I often read this forum and it has been increadibly helpful before.

[Casa]

No. Your wife's entitlement to remain in the UK as your dependent will cease once your visa has been curtailed and you are no longer residing in the UK.

[perkacoffee]

Thanks. I am still a bit confused.

As I understand, once my redundancy is processed by the HO, we will recieve two letters of curtailment: one each for me and my wife, is that correct?

Hoe does HO will know if I am still in or out of the country?

Am I correct that she can at least continue wrking until we recieve the curtailment letter even if I am outside the country?

Does the 28 day grace period for overstaying apply in this case once we get the curtailment decision?

I am a bit worried that we have not recieved the curtailment yet, it has been two months now after all, is there a way to check immigration status?

Many thanks.

[perkacoffee]

Surely dependent's leave to remain should not laps immediately after main migrant's departure? A qurtailment has to be issued, and then there is 28 days after end of visa for any visa type I have seen to finish all affairs and leave, can someone with experience advise, or point to a document?

[CR001]

The 28 days has recently been reduced to 14 days. Also, this period is not supposed to be used to 'tie up last bits' before leaving. This 'grace' period is for migrants who need to apply for AR or an extension.

You know you will have to leave so plan accordingly. Any period of overstay is not recommended

Your dependents right to remain in the UK is wholly dependent on your status. If you leave the UK and your leave is cancelled, your dependents leave will also be cancelled. HO rarely send curtailment letters if you are outside the UK.

[perkacoffee]

Dear CASA and CR001,

Thank you very much for advice!

Since there is not much info on this topic on the net, for others I would add that I have also contacted two OISC certified advisors and they said the same, tier 2 dependant leave to remain is wholly dependent on the main migrant and dependant cannot stay in UK after main migant leaves.

I could not get the info on where this is coming from in the immigration rules exactly, which I usually like to see for myslef, but there is no reason to doubt the advice in this topic either.

Sad but true.

[CR001]

She is a dependent on your visa. If you don't have a valid visa, she doesn't have a valid dependent visa. 319C(a)(i)

https://www.gov.uk/guidance/immigration ... ly-members

319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

[noajthan]

...

I could not get the info on where this is coming from in the immigration rules exactly, which I usually like to see for myslef, but there is no reason to doubt the advice in this topic either.

Sad but true.

The clue is in the name: dependent.

Curtailing the leave of dependants
When you consider curtailing a main applicant’s leave to enter or remain, you must also consider curtailing the leave of any dependants who were granted leave in line with the main applicant, under paragraph 323(vi) of the Immigration Rules

https://www.gov.uk/government/uploads/s ... tv16.0.pdf