Dependent Visa for Children with One Parent

[julietayq]

My wife will be going to the U.K. for approximately 2-3 years with a Tier 2 visa sponsored by her employer and we would like her to bring our 5-year old son to the U.K. as her dependent and attend school there. I will regularly visit them but will otherwise be based in our home country.

Her company's lawyer said since I'm not planning to live in the U.K. with my wife during her employment period, I should not apply for a dependent visa. That's ok with me because I already have a visitor visa. The problem is that the lawyer also said since I will not apply for a dependent visa, neither should my son unless my wife has sole custody and responsibility of the child. This would be a problem because my wife will not be able to go to the U.K. without taking our son with her and attend school there, so my son cannot rely on a visitor visa.

Is there any way to solve this problem? If "sole custody and responsibility" is our only solution, how can my wife prove she has sole custody and responsibility? Can I provide a written consent to satisfy this requirement?

[CR001]

Your lawyer is correct. The child won't get a visa if the other parent is not also applying.

Sole responsibility is a court order etc after divorce or separation usually or you officially relinquishing all parental rights which would be suspicious if you are still married. See link below.

immigration-for-family-members/sole-res ... 13087.html

[julietayq]

Thanks. Understood. We certain do not plan to divorce or otherwise relinquish my parent rights. So what would be your suggestion? Can I also apply for a dependent visa with our son, but do not regularly live in the U.K.? I would imagine I will probably stay for a maximum of 3 months per year in the U.K. with them.

[CR001]

You can apply yes.

[julietayq]

Thanks. Then why did the lawyer suggest that I do not apply for dependent visa? Would there be any adverse consequences?

[CR001]

Cost??

[rav40]

Sorry for interrupting but I am also contemplating the same. For how long a PBS dependent can continue like this. Is there a upper limit to this. For example the upper limit for tier 2 is 6 years. Can this sort of arrangement continue for more than 6 years.

Thanking in advance.

[CR001]

There is no limit for tier 2 dependents.

[rav40]

Thanks alot CR0001
You have clarified a very major doubt.