PBS dependant

[Ellieeee]

Hi experts,

I have recently switched from Tier 4 visa to Tier 2 visa. My husband and son currently hold the PBS Dependant visa, which they applied when I was on Tier 4. Their visas are still valid until 2020. I wonder whether they need to apply for a new PBS Dependant visa associated with my Tier 2 visa, or they can keep their current Dependant visa until expiry?

Many many thanks in advance!

[Ellieeee]

Hi again experts,

I have studied the "Curtailment" document carefully. My understanding is that the curtailment of a dependant visa only applies when the main migrant's visa is curtailed. However, as my original Tier 4 visa was NOT curtailed, but superseded by the new Tier 2 visa [see notes below from p.36 of the document], my dependant's visa should remain valid. Am I right?

Exceptions to mandatory Tier 4 curtailment:
It will not be appropriate to curtail leave if:
• the migrant has been granted leave to enter or remain with another sponsor or under another immigration category

I rang the Premium Service helpline. The person said this is a case-by-case situation depending on whether the caseworker has automatically linked my dependants to my new Tier 2 visa, and I needed to find this out by contacting the caseworker. I am trying to write to the pulbic enquiry email of the Home Office but don't know when I will get any response and whether it is possible at all... If anyone could help me out here it would be great!!

[vinny]

I think their dependant visas are still valid.

[Ellieeee]

I think their dependant visas are still valid.

Thank you very much vinny. We've been advised by numerous people that we should re-apply the dependant visa. However, after doing research on our own and reading previous posts from this forum, especially the one you quoted there, we reckon that the current visa is still valid. However, as previous posts are about switching sub-categories, not about switching main categories (Tier 4 - Tier 2), so I just started this post to ask more specifically.

We also rang the premium service helpline. The officer said this is a "case-by-case" situation depending on whether my caseworker had automatically linked my dependants with my new Tier 2, and we should contact the caseworker to find out. If he didn't, then we'll need to re-apply. I think this means by immigration rules my dependants do have the right to remain in the UK, right? If the caseworker didn't link their visas to mine, then it would be that caseworker's incompetence.