Change of employer-do dependents apply also?

[Sv2018]

Hello,
I hope everyone is keeping safe.
My apologies if this has been already answered but could find the appropriate link.Hence, appreciate if the members can please help answering my questions. Thanks
“ I have a question regarding change of employer
I am the Main applicant (Tier 2 Visa), leave expires in Feb 2023.
Dependents leave expires in line with the main applicant (I.e Feb 2023)
I am considering change of employment and hence plan to update my visa (switch sponsor’s) and I am aware that I will get a new BRP as per the new COS.
My question: what will happen to my dependents, do they need to apply as well with me?
How my dependent’s current BRP will be linked to my new BRP ?

[Frontier Mole]

No - your dependents do not need to reapply.

[Sv2018]

Many thanks Frontier Mole.
Would you mind sharing the relevant home office guidance link which confirm this that dependent’s do not need to apply.
I wonder how my dependent’s current BRP will be linked to my new BRP.

Thanks again.

[Frontier Mole]

Tier 2 / skilled worker dependents

Dependent status is linked to the holder of the tier 2 / skilled worker visa, not the employer/ sponsor. The condition that has to be satisfied is that the main applicant has to hold / continue to hold a valid visa. Change of employer does not impact the dependent visa. There is one exception - Appendix W Workers. Which does not apply in your case.

Extract from guidance below

61. If the Main Applicant changes employer or educational institution and is therefore issued with a new certificate of sponsorship/confirmation of acceptance for studies and is applying for leave to remain to work or study under their new sponsor, PBS dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant. Dependants of Appendix W Workers should apply to switch at the same time as the Main Applicant.

[Sv2018]

Hi Frontier Mole,
Thank you again for your response. Very helpful.
This is less of hassle if my dependents do not have to apply with me.

I understand the exception category i.e appendix W you mentioned above covers The Start-Up route and the Innovator route?

[vinny]

Dependants of Appendix W Workers should apply to switch at the same time as the Main Applicant.

I think the word "should" is only suggestive and not mandatory. I believe, under the Rules, leave remains valid until expiry or curtailed/cancelled (subject to written notice) or lapsed (after an absence).

Note also changes

Appendix W (deletion)

[vinny]

Would you agree, Frontier Mole?

[Frontier Mole]

The “should” is at best is a suggestion, perhaps better wording would be “could” then it is clearer as to the possibility or intent.

There is absolutely no mandatory requirement to reapply for dependent visas due to the change of employer for the main applicant.