Can dependent work in UK while primary works in Australia

[desertstorm]

Hi Mates,

This is Rick from Sydney.

Me n my wife have got the Tier 1 approved that started June 1.

Assuming that we don't want to work in the UK more than 3 years and don't care about the extension.

Can we enter the UK, register all the formalities and then I return to work in Australia for a year before joining her back in UK. She plans to work right away in the UK but I need to complete my assignment before I can join her. Any issues that can arise when I enter after a year?

Also if I make short term visits every 2 months on my Tier 1 till I actually come to work about a year later would that cause any issues at the border during the 2 month visits?

Thanks mates
Rick.

[nicechap]

No issue during the 2 year period that your visa covers. The only period when there might be concern is when you want to renew the visa (but in your case, it seems you are not interested in that).

[geriatrix]

You may get away with short trips to UK on a Tier 1 (General) visa but if IO discovers the pattern of "repeated visits" then he/she may refuse entry / invalidate visa.

Also, dependent's stay in the UK is based on the main migrant residing in the UK under the conditions of his/her leave to enter/remain .. so what you intend to do is, technically, a breach of immigration rules. Whether and how UKBA finds that out is another issue.

If your visa is invalidated for any reason, your dependent will have no legal right to remain in the UK.




regards

[jessica_halida]

You may get away with short trips to UK on a Tier 1 (General) visa but if IO discovers the pattern of "repeated visits" then he/she may refuse entry / invalidate visa.

Also, dependent's stay in the UK is based on the main migrant residing in the UK under the conditions of his/her leave to enter/remain .. so what you intend to do is, technically, a breach of immigration rules. Whether and how UKBA finds that out is another issue.

If your visa is invalidated for any reason, your dependent will have no legal right to remain in the UK.






regards

Hi Sush,
Can you explain to me a little bit why repeated short trips may not be favourable for Tier 1 holder?
My situation is slightly different with Rick. I am here on Tier 1 G visa (valid till June 2011 - my son is my dependant) and my husband is on Tier 1 Post study visa (valid till Sept 2012). Recently he got a job that will force him to be based in South East Asia for roughly 12-18 months. And during this period he planned to make a visit to UK every 6 month for 2 weeks, while I will be visiting him every 6 month to fill the gap.
Thank you for your advice.

[geriatrix]

It is not a problem if a Tier 1 migrant is employed by a UK based company but is posted overseas by the employer as part of his employment conditions.

But being employed abroad, working there, paying taxes there with no economic ties with the UK (except for possessing a Tier 1 visa) is not the purpose of PBS immigration category. Tier 1 is meant for staying in the UK to work in the UK or at least contribute to the UK economy in one or the other (taxes, estate etc.) ... not for visiting the UK while living and/or working abroad. UKBA has visit visas for that purpose.



regards

[prisat]

You may get away with short trips to UK on a Tier 1 (General) visa but if IO discovers the pattern of "repeated visits" then he/she may refuse entry / invalidate visa.

Also, dependent's stay in the UK is based on the main migrant residing in the UK under the conditions of his/her leave to enter/remain .. so what you intend to do is, technically, a breach of immigration rules. Whether and how UKBA finds that out is another issue.

If your visa is invalidated for any reason, your dependent will have no legal right to remain in the UK.






regards

Hi Sush,
Can you explain to me a little bit why repeated short trips may not be favourable for Tier 1 holder?
My situation is slightly different with Rick. I am here on Tier 1 G visa (valid till June 2011 - my son is my dependant) and my husband is on Tier 1 Post study visa (valid till Sept 2012). Recently he got a job that will force him to be based in South East Asia for roughly 12-18 months. And during this period he planned to make a visit to UK every 6 month for 2 weeks, while I will be visiting him every 6 month to fill the gap.
Thank you for your advice.

How are you economically contributing to UK's growth ??? Becos you have been issued a WORK PERMIT VISA on which you are expected to earn in UK and pay taxes to UK government.

[jessica_halida]

You may get away with short trips to UK on a Tier 1 (General) visa but if IO discovers the pattern of "repeated visits" then he/she may refuse entry / invalidate visa.

Also, dependent's stay in the UK is based on the main migrant residing in the UK under the conditions of his/her leave to enter/remain .. so what you intend to do is, technically, a breach of immigration rules. Whether and how UKBA finds that out is another issue.

If your visa is invalidated for any reason, your dependent will have no legal right to remain in the UK.






regards

Hi Sush,
Can you explain to me a little bit why repeated short trips may not be favourable for Tier 1 holder?
My situation is slightly different with Rick. I am here on Tier 1 G visa (valid till June 2011 - my son is my dependant) and my husband is on Tier 1 Post study visa (valid till Sept 2012). Recently he got a job that will force him to be based in South East Asia for roughly 12-18 months. And during this period he planned to make a visit to UK every 6 month for 2 weeks, while I will be visiting him every 6 month to fill the gap.
Thank you for your advice.

How are you economically contributing to UK's growth ??? Becos you have been issued a WORK PERMIT VISA on which you are expected to earn in UK and pay taxes to UK government.

Thank you for answering my query.
My husband will be paid with overseas payroll once he left UK (not UK based company). So, in this sense is it better :
1. To apply him a different visa? say... become my dependant?
2. Don't enter UK until his 12 month project is done and come back to UK only when he is ready to look for full time job in UK (before expity of his Tier 1 post study).

Reason I am asking is because I saw quite a lot of Tier 1 holder who is not using their Tier 1 immediately (not immediately move to UK to work after they are issued a visa overseas). I know my husband situation is a little different, because he work for 3 month in UK with his Tier 1 visa, will be working 12 month overseas, and then back in UK.