A scenario question on Tier 2 (G) Dependent

[ilovethebeatles]

I know this is just a scenario question but seems I have not found anywhere in this forum:

The whole family came to the UK and main applicant on Tier 2 (G). I know if main application is refused ILR then all dependents will be refused but if any dependent is refused it does not affect the others. So, the scenario question is what else the refused dependent can do to stay in the UK? Is there any limit on the length of stay for them? Can they extend the PBS dependent visa? I asked this because I know the main applicant can stay only for 6 years on Tier 2 (G) but not sure about the dependent.

[vinny]

Unfortunately, dependants are independently eligible for ILR only under Long residence.

[ilovethebeatles]

Is that possible then for them to switch to say student visa if they apply for a course?

[zimba]

No. PBS dependants are allowed to study in the UK. Also they cannot switch to a main PBS Tier unless they apply from outside the UK

[ilovethebeatles]

Does this respond to my initial or the the last message?

No. PBS dependants are allowed to study in the UK. Also they cannot switch to a main PBS Tier unless they apply from outside the UK

So now I know it is not possible for the dependent to extend visa but is it possible for them to stay until the end of their current leave to remain (Tier 2 G dependent) ? If they want to stay, what would be their route possibilities?

[zimba]

That was the response to your last question. You can stay in the UK until your visa is valid assuming if it is not curtailed by UKVI.
If you tell us what is the immigration history and intent, then maybe we will be able to give you a better advice

[ilovethebeatles]

As I mentioned in the first message, the whole family came to the UK altogether under Tier 2 General as skilled worker. Got entry clearance for 3 year and then extended in the UK for another 3 year altogether. Now let's assume the dependent (spouse) did not get ILR after 5 years (apply together) (honestly as it is a scenario so I don't know what would be the grounds for refusal or if this scenario has happened to anyone yet, but just ask as it is something I was curious about) - what would be the options? And yes, the intention is to stay in the UK with the whole family.

[Djsuccess]

As I mentioned in the first message, the whole family came to the UK altogether under Tier 2 General as skilled worker. Got entry clearance for 3 year and then extended in the UK for another 3 year altogether. Now let's assume the dependent (spouse) did not get ILR after 5 years (apply together) (honestly as it is a scenario so I don't know what would be the grounds for refusal or if this scenario has happened to anyone yet, but just ask as it is something I was curious about) - what would be the options? And yes, the intention is to stay in the UK with the whole family.

What could the dependent possibly have done that will make the HO approve the ILR for the main applicant and reject the dependent?
If the main applicant successfully gets ILR, the dependent will usually be able to extend their Tier 2 dependent visa if required or can move to ILR dependent ( the second option will reset the clock though).
one of the Common reasons for rejecting ILR application for dependent is lack ok proof of English language.

[ilovethebeatles]

Hi Djsucecss, I don't have any idea about the reason for refusal but let's assume it is the proof of English. And let's now assume further that the ILR was refused near the end of year 6, would Tier 2 (G) dependent be able to extend their Tier 2 (G) dependent visa for say 1-2 years and reapply the ILR ? (my understanding from other answers above is No); or must it be ILR dependent? (and so reset the clock or 10 year route).

[zimba]

The visa granted to dependants are solely issued on the basis that the main applicant has the right to stay in the UK.
If the main applicant is refused visa, the dependents are expected to follow the main applicant when their visas expired. This means if for whatever reason you cannot secure ILR, you and your dependants are expected to leave the UK if you cannot secure any other visas. They cannot extend their visas if you lose the right to stay here. I suggest to focus on making sure that you can secure ILR on the 5 year mark, that should be the easiest path for you and your dependants.

The alternative is that the dependants leave the UK before current visa expiry, and return with a new visa as PBS main applicants (e.g Tier 4) however in that case their ILR clock will reset to zero.

[ilovethebeatles]

Hi Zimba, thank you and I know that rule. But my scenario question is different: the main applicant gets the ILR but the dependent (spouse) does not. What the dependent should do?

[vinny]

PBS Dependants not eligible for ILR at the same time as you?

[ilovethebeatles]

It seems that now I have an answer from reading vinny's link.

4. If the dependant fails to apply for settlement for any reason before expiry of their current WP leave, the dependant will need to apply for entry clearance (if outside the UK) or extend leave as WP dependant (196B(ii)) leave using FLR(O) form (if inside the UK).

The above suggests that they can apply for extension for another 2 years i.e. if my understanding is correct then it implies that Tier 2 (G) dependent can stay more than 6 years on the same visa type while main Tier (G) applicant can stay only maximum 6 years on that visa.

[vinny]

If the main PBS applicant has ILR via the PBS route, then the PBS partner’s extension will be granted for three years.