Moving to Studentship from Tier-2 Dependent

[Ash_Ind]

I am in UK from last 5 years on long term ICT Tier-2 dependent visa and last year I got enrolled in masters and is getting completed now. My husband's ICT Tier-2 visa is coming to an end and he has to return to home country. I am getting an offer for PhD in UK University for which I can be granted studentship. Since me, my two kids and husband were in Uk from past 5 years and now my husband will be leaving for atleast one year, after which he can join us, I had few following queries

a) During Phd I will move to student visa so stay for me during PhD won't be a problem. I know my husband can also join us on dependent visa but as his company doesn't allow working in UK on dependent visa so he will have to return after 1 year cooling of period

b) During this period, will it be possible for me to keep my kids in UK as my dependents i.e. with my husband in home country, will it be allowed or I will have to get dependent visa applied for my husband as well.

c) Post 3 years of PhD, if I get a job in Tier-2 general, so will this duration of 3 years in PhD will be counted 5 year duration for citizenship or a fresh count will start with Tier-2 General.

d) As my kids have right now already completed 5 years and they will complete another 3 years during this time so will they become eligible for citizenship.

Regards,
Ash

[CR001]

a) During Phd I will move to student visa so stay for me during PhD won't be a problem. I know my husband can also join us on dependent visa but as his company doesn't allow working in UK on dependent visa so he will have to return after 1 year cooling of period

He could of course stay in the UK as your dependent and work for any other company.

b) During this period, will it be possible for me to keep my kids in UK as my dependents i.e. with my husband in home country, will it be allowed or I will have to get dependent visa applied for my husband as well.

There have been refusals for children if the other parent does not apply for a visa with the kids.

c) Post 3 years of PhD, if I get a job in Tier-2 general, so will this duration of 3 years in PhD will be counted 5 year duration for citizenship or a fresh count will start with Tier-2 General.

No it won't. Tier 4 does not lead to ILR based on 5 years. It only counts for 10 years long residence. Before you can apply for citizenship, you need ILR and you must have a qualifying visa to get ILR, 5 years on Tier 2 for example or 10 years of legal stay to get ILR.

d) As my kids have right now already completed 5 years and they will complete another 3 years during this time so will they become eligible for citizenship.

Assuming your kids were born abroad and are not UK born. They also need ILR before they can apply for citizenship and can also only apply for citizenship when either or both parents apply at the same time or are already British.

[fsdpk]

There have been refusals for children if the other parent does not apply for a visa with the kids.

I do not think so there is any law/rule that prohibits children to live or to travel to the UK with a parent while the other parent is not traveling to/living in the UK. However, other parent's consent is required in such cases. I believe if all other requirements are fulfilled effectively, children will be allowed to live with the single parent.

I am speaking from my own personal experience as I have traveled to the UK with my son who was 11, my spouse was not accompanying us.

[CR001]

There have been refusals for children if the other parent does not apply for a visa with the kids.

I do not think so there is any law/rule that prohibits children to live or to travel to the UK with a parent while the other parent is not traveling to/living in the UK. However, other parent's consent is required in such cases. I believe if all other requirements are fulfilled effectively, children will be allowed to live with the single parent.

I am speaking from my own personal experience as I have traveled to the UK with my son who was 11, my spouse was not accompanying us.

Immigration rules part 8 - 319H. As I said, there have been recent child dependent visa refusals.

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

319H. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain under this route, 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 child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
or who has obtained British citizenship having previously held indefinite leave to remain as above.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life and, if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.
(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

[fsdpk]

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

The above sub clause is very relevant here. As the family has been living in the UK for over five years, and it is also evident that she has been a student and her husband was a Tier 2 main applicant, i.e. he was also working. This indicates that they have had suitable arrangements for their kids so they can explain their "compelling reasons" for why her spouse can't currently join them.

I got your point however that if one or more of the requirements outlined in Immigration rules part 8 - 319H are not met, the application can be turned down.

[CR001]

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

The above sub clause is very relevant here. As the family has been living in the UK for over five years, and it is also evident that she has been a student and her husband was a Tier 2 main applicant, i.e. he was also working. This indicates that they have had suitable arrangements for their kids so they can explain their "compelling reasons" for why her spouse can't currently join them.

I got your point however that if one or more of the requirements outlined in Immigration rules part 8 - 319H are not met, the application can be turned down.

The husband is choosing to serve 12 month cooling off outside the UK instead of applying as a dependent. Nothing compelling or compassionate about that.

[Ash_Ind]

No it won't. Tier 4 does not lead to ILR based on 5 years. It only counts for 10 years long residence. Before you can apply for citizenship, you need ILR and you must have a qualifying visa to get ILR, 5 years on Tier 2 for example or 10 years of legal stay to get ILR.

Okay I was not aware about 10 year ILR route. Does it also apply to the individuals who have entered UK on ICT Tier-2 in 2013. Does it mean that for me 5 years of ICT Tier-2 dependent will be counted, so after finishing 3 years of Phd, if I can get job for another 2 years then will I and kids become eligible for 10 years ILR route.

[CR001]

All visas count towards 10 years long residence provided you meet all the other requirements, i.e. no absence of 180 days or more at any time and no total absence of 540 days in the whole 10 years.