- An Overview of Tier 2 Dependant Visa Extension When Main Applicant Attains ILR Status
- What Happens to PBS Dependants When a Main Applicant Switches to ILR?
- Extending Tier 2 Dependant Visa
- Obtaining ILR Status as a Dependent of a Main Applicant with ILR
- Switching to a Spouse Visa for Dependent Partners
- How Can IAS Help?
An Overview of Tier 2 Dependant Visa Extension When Main Applicant Attains ILR Status
A Tier 2 dependent visa is issued to the family members of individuals with a Tier 2 work visa in the UK. These dependents may include spouses, civil partners, unmarried partners, or children under 18.
The validity of a Tier 2 dependent visa is typically linked to the expiry date of the lead applicant’s visa. In situations where the main applicant achieves ILR status, it initiates a series of considerations and potential changes for their dependents.
The ILR status indicates that the main applicant has acquired permanent residency rights in the UK, granting them the freedom to live and work indefinitely. Consequently, dependant visa holders may need to explore options for extending their visa to maintain legal status and ensure their continued stay in the UK.
What Happens to PBS Dependants When a Main Applicant Switches to ILR?
When a main applicant under the Points-Based System (PBS), such as the Tier 2 visa, switches to Indefinite Leave to Remain (ILR), their dependents are not automatically granted ILR.
If you are a PBS dependant, here are some options that you may have:
- Extend your Tier 2 dependent visa
- Switch to ILR if you qualify
- Switch to a spouse visa of a settled person
It is crucial to seek proper legal advice to understand the specific requirements and options available to you when the main applicant switches to ILR. Consider discussing your case with an IAS immigration lawyer. Call us today at 0333 305 9375.
Extending your Tier 2 Dependent visa is an appropriate course of action if you do not meet the eligibility criteria to apply for ILR. For example, if you have not resided with your partner in the UK for at least five years, you would not qualify for ILR.
To ensure a successful extension application, you must meet the exact eligibility requirements you initially fulfilled when obtaining the dependant visa. It’s important to note that this extension is typically granted for three years.
Eligibility Criteria for Partners
As a dependent partner, you must meet the following requirements:
- Be in a marriage or civil partnership with the main applicant
- Provide evidence of a genuine and subsisting relationship with the lead applicant.
- Intend to live with the main applicant during your stay in the UK.
- Have sufficient funds to support yourself during your stay in the UK.
Eligibility Criteria for Children
A dependant child should be under the age of 18 at the time of applying for an extension. However, if a child is 18 years or older, their application will only be granted by the Home Office under the following circumstances:
- They must have previously been granted a dependent visa as a family member of the main applicant.
- They are not living an independent life.
If the child is 16 years old or above, they must:
- Live with the main applicant unless they are enrolled in full-time education at a boarding school, college, or university.
- Not be married, in a civil partnership, or have any children of their own.
- Be financially supported by the main applicant.
The main PBS visa holder must also provide evidence that the child resides with them.
Financial Requirements for Dependants
If you have been in the UK on the Tier 2 dependant visa for more than one year, you will not be required to provide evidence of financial support when applying for an extension.
However, if you have been in the UK for less than 12 months, you demonstrate sufficient funds to support yourself. The specific amounts are as follows:
- £285 for partners
- £315 for one child
- £200 for each additional child
Documents Required for Tier 2 Dependent Visa Extension
Here are some documents required to extend a PBS dependent visa:
- The main applicant’s Global Web Form (GWF) or Unique Application Number (UAN) ether.
- Proof of a genuine and subsisting relationship with either of the following documents:
- Marriage or civil partnership certificate
- Evidence of cohabitation, such as bank statements, council tax, utility bills, residential mortgage statements, tenancy agreements, or other correspondence that shows both partners live at the same address.
- The dependent child’s birth certificate
- Evidence of child dependency (if the child is 16 years or over) with the following documents:
- Bank statements that demonstrate funds provided by the parent to the child, indicating financial support.
- An official letter from the child’s current school, college, or university confirming their address.
- Credit card bills
- Driving license
- NHS registration document
You can apply for Indefinite Leave to Remain (ILR) as a PBS dependent if you fulfil a qualifying period. This qualifying period entails residing in the UK continuously for five years as a dependent of a main applicant.
Within this qualifying period, you must have spent no more than 180 days outside the UK in any 12-month period.
It is important to note that it is quite common for a main applicant to fulfil the requirements of an ILR while their dependents do not qualify.
Sometimes, the PBS visa holder may have lived in the UK for some years before bringing their dependants over. As such, they can attain ILR before their family members.
Eligibility Indefinite Leave to Remain for Partners
As a PBS dependent partner, you can qualify for ILR if you meet the following requirements:
- You have permission to be in the UK as a dependent partner
- You have lived in the UK with your partner for at least five continuous years
- Your relationship is genuine
- You intend to continue living together
- You have sufficient income to support yourself
- You are not using public funds
If you are between the ages of 18 to 64, you must also:
- Book and pass the Life in the UK Test
- Meet the English language requirements
Eligibility for Children
A dependant child can submit an ILR application if:
- They have a UK visa as a dependent on the main applicant’s visa
- They are not married or in a civil partnership
- They live with the main applicant and are financially supported by them without relying on public funds
- The main applicant and the child’s other parent are currently applying to settle or have already obtained settlement status.
A child can also apply to settle in one of the following situations:
- The main applicant is the child’s sole surviving parent
- The main applicant has sole responsibility for the child’s upbringing
- There are serious or compelling family or other considerations, such as if the main applicant or your child has a serious illness.
Additional documents will be required if the child is over 16. These documents will be used to prove the child’s residence, any rent or upkeep money they pay the applicant, and if the applicant supports them financially.
Children 18 years or older can only apply if they were under 18 when they first got permission as a PBS dependent and if they do not yet live an independent life.
Switching to a Spouse Visa for Dependent Partners
Married partners on a Tier 2 dependant visa who do not qualify for ILR or wish to extend their visa can switch to a spouse of a settled person visa category.
To switch to a Spouse Visa, the dependent partner must fulfil the specific requirements set by the UK Home Office.
These typically include proving the genuineness of the marital relationship, demonstrating sufficient financial means to support themselves without recourse to public funds, and meeting the English language requirements.
How can IAS Help?
If you are a dependent seeking to extend your Tier 2 Dependent Visa while the main applicant has obtained Indefinite Leave to Remain (ILR), IAS can provide valuable assistance throughout the process.
We understand the complexities of visa extensions and can conduct a thorough eligibility assessment tailored to your circumstances. We will help you determine if you best qualify for an extension, ILR or Spouse Visa of a settled person.
Our team of experienced immigration lawyers will guide you in gathering and organising the necessary documentation to demonstrate your relationship with the main visa holder, financial stability, and other relevant factors.
Our team will act as your representative throughout the application process and communicate with the Home Office on your behalf. We will also address any queries or requests for additional information, ensuring your application is handled efficiently.
To get started on your visa application, call us on 0333 305 9375 or contact us via the online form.
Last modified on June 27th, 2023 at 12:43 pm
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