My visa is kept on hold because of my dependant children that are not even in UK ??

[farazk86]

Hi,

I have been on a Tier 2 visa since November 2017. I have been offered a position with another company and thus I have given my notice here. The new company has issued me a CoS number so that I can apply for my Tier 2.

On my current visa I have my wife as a dependant whose visa will expire on 30/05/2019. I also have a daughter born in UK who does not have a visa as she was born here. It was difficult for us to manage our newborn (we didn't know what to do most of the time) so my wife and daughter have gone back to Pakistan until the baby is 6 months old.

I believe the proper category for Tier 2 would be to extend my stay, is that right? The guidance for which is mentioned here: https://www.gov.uk/tier-2-general/extend-your-visa

It is my understanding that my wifes visa will stand until it expires and I dont have to mention her in my application at this stage and since my daughter is also in Pakistan I dont have to mention her as well, and I will apply for her visa when it is time for her to come back to UK.

But on the site I linked above, on the second paragraph it states:

You should include any dependants who are on your current visa on your application to extend. This includes children who have turned 18 during your stay. They’ll also need to submit a separate application.

Why does it say that I need to include my dependants at this stage? I want to make sure I dont make any mistake as I will be applying for the priority postal application and cant afford to have have that money wasted.

Thank you

[farazk86]

It is my understanding that my wifes visa will stand until it expires and I dont have to mention her in my application at this stage and since my daughter is also in Pakistan I dont have to mention her as well, and I will apply for her visa when it is time for her to come back to UK.

I cant edit my original post to provide a clarification.

By above, I mean that I dont need to apply for either of my dependants visa with me and I can go ahead applying alone, as I dont feel either of them need a visa at this stage.

My daughter would need one after a couple months and that is when I would apply for her alone. Even then my wifes visa should be valid. I just need a clarification on the quoted text from the UKVI guidance

[saliame]

By above, I mean that I dont need to apply for either of my dependants visa with me and I can go ahead applying alone, as I dont feel either of them need a visa at this stage.

Yes, that's right.Your wife's leave is valid till 30/05/2019

Just watch out for your dependants stay out of uk for more than 180 days..it will reset the ILR 5 years clock. Also it is not really recommended to give notice or resign until you get you new visa approved.

[saliame]

You wont be asked about your dependants in your application form, yes if you all are applying same time (which you are not) you can add your dependents.

[farazk86]

You wont be asked about your dependants in your application form, yes if you all are applying same time (which you are not) you can add your dependents.

Thanks for the reply saliame.

After posting I did see this sticky post answering my issue: uk-tier-2-employer-sponsored-visas/when ... 98586.html

But since it was from 2015 I did not know if it was outdated.

[vinny]

I believe that the advice is still good.

[farazk86]

Hi,

I applied for a Tier 2 visa via priority route on 1st of August 2018. Today I got the following response:

Thank you for your Tier 2 visa application which is now under consideration.



We have noted that you have previously applied with dependant children, however they are not present on your current application.



As UKVI have a duty of care, we therefore must ask you why no children are included on your visa application this time.



We are unable to continue with this application under an answer is received.

I have 1 dependent visa on me which is my wife. My daughter was born in UK so I never applied for her visa. My wifes visa is valid until May 2019. 3 months ago my wife left UK along with my daughter as it was difficult for us to care for her alone, I was on job all day and she could not handle the baby alone. So it was decided that she goes back home where she would have the support and experience of parents/family, and she would return after 6 months when the baby is old enough and when we can apply for a new visa for the baby.

I asked here on immigrationboards about this question and I was told that I do not have to include my dependants at this stage. uk-tier-2-employer-sponsored-visas/not- ... 60310.html

Why are they asking me this now?

How should I respond, should I respond with the same response I gave above?

Should I give proof of plane tickets that they went back?

A quick response would be appreciated.

Thank you

[vinny]

They have a duty of care to ask.

If daughter is not in the UK, then inform them. They cannot extend leave for an applicant who is outside the UK. Therefore, it would be pointless for her to apply for leave to remain.

[farazk86]

They have a duty of care to ask.

If daughter is not in the UK, then inform them. They cannot extend leave for an applicant who is outside the UK.

Thanks for your reply vinny.

So is this just a formality for them to ask? Because I got worried here and thought maybe they would reject on this basis.??

So should I just respond to them with a similar reply to what I wrote above? Should I attach birth certificates and plane tickets.?

Thank you

[farazk86]

Also I would like to add to this that I just checked my previous applications and I never mentioned any dependant children.

My previous Tier 2 application was in November 2017 and my daughter was not even born yet. Then what are they referring to with this line:

We have noted that you have previously applied with dependant children, however they are not present on your current application.

I never applied with any dependant children =/