Dependent varying Vs Withdrawing Application While T1E Ext Not Decided

[sassybee]

Good morning all,

Just been considering all my alternatives. My questions are thus:

S1- DEPENDENT VARYING APPLICATION
1. Can a T1E dependent vary application to a new category (Tier 2) while main applicant is still awaiting decision?
2 . If Yes what are the modalities of doing this: I know they may have to travel back to their home country to do this;
a) If they have to travel back home how will they be able to get their travel documents (passport)?
b) Will they be able to do this via premium service?
c) How long does it take?
d) Will they have to resign their employment because they have chosen to vary application?
e) Will they be treated as over stayers/ illegal workers for the period which they have been working while waiting for decision?

S2- DEPENDENT WITHDRAWING APPLICATION
1. Can a T1E dependent withdraw application while main applicant is still awaiting decision?
Note: Purpose is to apply for a Tier 2 Visa.

2. If Yes,
a) Will they be treated as over stayers and therefore illegal worker for the period which they were waiting main applicants decision.

Please what is the best and safest option for a dependent to switch visa category?

Thank You

[CR001]

S1- DEPENDENT VARYING APPLICATION
1. Can a T1E dependent vary application to a new category (Tier 2) while main applicant is still awaiting decision?
2 . If Yes what are the modalities of doing this: I know they may have to travel back to their home country to do this;
a) If they have to travel back home how will they be able to get their travel documents (passport)?
b) Will they be able to do this via premium service?
c) How long does it take?
d) Will they have to resign their employment because they have chosen to vary application?
e) Will they be treated as over stayers/ illegal workers for the period which they have been working while waiting for decision?

You cannot 'vary' an application to Tier 2 if you have to apply outside the UK. Varying ONLY applies to applications within the UK. Not sure what you mean by 'premium service'. This only applies to the UK. If their last visa has expired, likely they will only get their passport back at the airport on date of departure.

S2- DEPENDENT WITHDRAWING APPLICATION
1. Can a T1E dependent withdraw application while main applicant is still awaiting decision?
Note: Purpose is to apply for a Tier 2 Visa.

If the last visa has expired, withdrawing an application ends Section 3C and they will be an overstayer from the date of visa expiry as far as I understand.

2. If Yes,
a) Will they be treated as over stayers and therefore illegal worker for the period which they were waiting main applicants decision.

See #1 above.

[sassybee]

Thanks CR001