Tier 2 general visa extension for the holder and dependents

[rinno]

I am a Tier 2 (General) visa holder living in UK with my spouse and son. My present biometric residence permits (BPR) expires on the 14th of April 2017 and so do my dependent’s. My employer is processing the Certificate of Sponsorship (CoS) and I should be getting it shortly. There is no change in the employer or in my job. I intend to apply for our (mine and my dependents) Tire 2 visa extension before the end of this month (March 2017). In this regard, I have the following questions/ doubts:

1. I am not sure about the process for Tier 2 visa extension
- I think we (me and my dependents) fill in the online application form and submit it online
- But then in this case, where should I submit the documents like passport, BPR...etc.? Should I send it by post somewhere?
- When and where we should give our biometrics?

2. I am aware that we have to submit our original passports, present BPR and photos. I will mention the CoS number in my application and will also include a copy of my CoS. In addition to these, is it necessary to provide any additional supporting documents for my dependents namely marriage certificate and birth certificate?

3. In the UKVI website it says that with the normal fee of 664 Pounds, it will take up to 8 weeks. Does it really take this long? Will I be able to travel to other countries during this period? How long it will take for me to get my passport back?

[moonlight55]

1. Once you submit the online form and pay the necessary fees, you will be told of the address where to send the documents. Royal mail tracked service is preferred. Once UKVI picks up your application, you will be sent a letter to your address about how/where to do the biometrics.

2. For extension applications, marriage certificate or birth certificate is not reqd since you would have already shown that at the time of the first application.

3. Yes, 6-8 weeks is normal nowdays if all goes fine. You cannot travel outside UK until you get your passport and your new BRP.

[rinno]

Thank you so much for your kind information.

[rinno]

Hello! Thank you so much. I have two more doubts.
1. My son, 15 yrs old (minor) is sitting for GCSE in May-June and I don't want any trouble for him. If my husband (one of my Tier-2 dependent) choose not to apply for extension, will it affect my son's visa extension approval as a minor child?
2. Whether a Tier-2 dependent can be tax resident of another country? e.g stay more than 185 days/ work and pay tax during the visa period. Is it necessary to be a tax resident of UK during the period of Tier-2 dependency?

[CR001]

1. Your dependents should all apply before their visas expire. HO will likely question why your husband is not applying if your son is applying.

2. Do you mean stay more than 185 days in another country other than the UK? Any absence of 180 days or more breaks continuity of residence. These are recent changes for PBS dependents. A Tier 2 General dependent is NOT required to work but you need to be careful about tax arrangements.

[rinno]

Hello CR! thank you.
Although my husband has a Tier-2 dependent visa, he stayed in the UK only about a month or more. He came and lived here only about 6 times about a week each in the past 1.5 years. As he did not find suitable job in the UK, He still continue to work in an EU country from where he applied for the entry clearance. Since we have to apply for an extension of Tier-2 now, I am afraid that the lack of his presence in the past years might be a problem for the approval of my son's extension. On the other hand, since the immigration rule says that both parents of a minor child should legally present in the UK or applied leave to remain at the same time of the child, I am confused. This rule applies to extension as well?
Any advise? Thanks

[rinno]

1. Your dependents should all apply before their visas expire. HO will likely question why your husband is not applying if your son is applying.

2. Do you mean stay more than 185 days in another country other than the UK? Any absence of 180 days or more breaks continuity of residence. These are recent changes for PBS dependents. A Tier 2 General dependent is NOT required to work but you need to be careful about tax arrangements.

Although my husband has a Tier-2 dependent visa, he stayed in the UK only about a month or more. He came and lived here only about 6 times about a week each in the past 1.5 years. As he did not find suitable job in the UK, He still continue to work in an EU country from where he applied for the entry clearance. Since we have to apply for an extension of Tier-2 now, I am afraid that the lack of his presence in the past years might be a problem for the approval of my son's extension. On the other hand, since the immigration rule says that both parents of a minor child should legally present in the UK or applied leave to remain at the same time of the child, I am confused. This rule applies to extension as well?

[CR001]

Yes, that rule applies to extensions. Your husband should be applying at the same time as your son. If not, you might be asked to prove, with official documents, that you have sole responsibility.

You could I suppose write a letter explaining but it does not guarantee anything.