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Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Thu Nov 21, 2019 9:37 pm
by yyang
Hello:
One year ago, I transfer from T2 General -> T1 ET -> ILR, and my wife stayed on T2 dependent. I was told by TWO different immigration lawyers that it is not necessary for my wife to change to T1 dependent as she can hold the T2 dependent until it expires. I changed job after getting ILR.
However, yesterday, my wife was rejected to enter at the UK border, and the officer said her T2 dependent visa is no loner valid because I no longer worked for the previous employer. I am now very confused because the guidance clearly shows it is not necessary to change the visa, and my two lawyers now both think it is a mistake of the border officer.
It is very frustrating to me as it is unclear to me what to do is correct, I wish someone from the forum with decent knowledge could help. Otherwise I really hope people who share similar background as mine take more cautions.
Yy
Re: Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Fri Nov 22, 2019 1:18 am
by Casa
yyang wrote: ↑Thu Nov 21, 2019 9:37 pm
Hello:
One year ago, I transfer from T2 General -> T1 ET -> ILR, and my wife stayed on T2 dependent. I was told by TWO different immigration lawyers that it is not necessary for my wife to change to T1 dependent as she can hold the T2 dependent until it expires. I changed job after getting ILR.
However, yesterday, my wife was rejected to enter at the UK border, and the officer said her T2 dependent visa is no loner valid because I no longer worked for the previous employer. I am now very confused because the guidance clearly shows it is not necessary to change the visa, and my two lawyers now both think it is a mistake of the border officer.
It is very frustrating to me as it is unclear to me what to do is correct, I wish someone from the forum with decent knowledge could help. Otherwise I really hope people who share similar background as mine take more cautions.
Yy
Were you granted ILR under the 5 year route or 10 years long residence
Re: Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Sat Nov 23, 2019 12:12 pm
by yyang
Casa wrote: ↑Fri Nov 22, 2019 1:18 am
yyang wrote: ↑Thu Nov 21, 2019 9:37 pm
Hello:
One year ago, I transfer from T2 General -> T1 ET -> ILR, and my wife stayed on T2 dependent. I was told by TWO different immigration lawyers that it is not necessary for my wife to change to T1 dependent as she can hold the T2 dependent until it expires. I changed job after getting ILR.
However, yesterday, my wife was rejected to enter at the UK border, and the officer said her T2 dependent visa is no loner valid because I no longer worked for the previous employer. I am now very confused because the guidance clearly shows it is not necessary to change the visa, and my two lawyers now both think it is a mistake of the border officer.
It is very frustrating to me as it is unclear to me what to do is correct, I wish someone from the forum with decent knowledge could help. Otherwise I really hope people who share similar background as mine take more cautions.
Yy
Were you granted ILR under the 5 year route or 10 years long residence
I got my ILR through T1 ET 3-year acceleration route. Previously, I had my T2 for almost 3 years, hold T1 for 1 month, and then applied ILR.
Re: Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Thu Feb 13, 2020 10:42 am
by dz248
Thanks for sharing what your wife encountered. I replied your message in a different thread, because I am having a similar situation. Like you, I was advised that T2 dependent would not need to switch to T1, but based on the story of your wife, I suppose the advice that there is no need to change from T1 to T2 for a dependent perhaps only pertains to continued legal stay in the UK. In other words, the dependent may legally stay in the UK with the T2 but once the dependent travels outside of the UK, no entry will be granted based on T2. There is perhaps a difference between eligibility for legal stay in the UK and entry into the country.
Re: Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Mon Feb 17, 2020 8:35 am
by yyang
dz248 wrote: ↑Thu Feb 13, 2020 10:42 am
Thanks for sharing what your wife encountered. I replied your message in a different thread, because I am having a similar situation. Like you, I was advised that T2 dependent would not need to switch to T1, but based on the story of your wife, I suppose the advice that there is no need to change from T1 to T2 for a dependent perhaps only pertains to continued legal stay in the UK. In other words, the dependent may legally stay in the UK with the T2 but once the dependent travels outside of the UK, no entry will be granted based on T2. There is perhaps a difference between eligibility for legal stay in the UK and entry into the country.
Hello:
Did your dependent change to T1 dependent visa?
Re: Caution! (T2->T1) PBS dependent Rejected at the boarder
Posted: Mon Feb 17, 2020 9:02 am
by vinny
Unless the rules have changed,
Edwin Thomas of UK Visas and Immigration contradicts the Immigration Officer.