Tier 2 general Partner visa

[yusuf86]

I have a Tier2 general 5 year visa. I wanted to know if I can process T2G 3 year visa for my partner. Or is there any clause that only 5 year visa should be processed as mine is for 5 years. Thanks in advance.

[CR001]

As far as I am aware, a PBS dependent visa will be issued in line with the main visa holders status. Perhaps Frontier Mole or moonlight55 might know for certain.

[yusuf86]

Thanks CR001..
@ Frontier Mole, moonlight55,
Could you please clarify my query.

[moonlight55]

Logically, end date of both should be same. I've not seen a case where you apply for lesser duration for a dependent. Sorry, m not sure of the answer.

[yusuf86]

Thanks for you response. In case I apply for 3 year visa and it is rejected citing this reason. Will I get the visa fee refunded ? or how it works. Any idea pls

[CR001]

No, you will not get a refund of the visa fee if the visa is refused.

[Frontier Mole]

There is nothing in the rules about applying for a dependent visa for a lessor period of time than the main tier 2 holder visa. So it is not a reason for refusal.

It would seem strange why you would not apply for the maximum period allowed. I am assuming it is a funding issue with the IHS as the most likely point.

If the visa was refused you lose your application fee but the IHS gets refunded.

[yusuf86]

Thanks gor your inputs.

[talhachohan]

Hi moonlight55,

I actually am in a similar situation but i am not applying a visa for a lesser duration than mine for my wife. The thing is I was issued a CoS for more than 3 years and now the duration left on it is less than three years. Therefore, I am confused if I should apply in line with the duration of my CoS or in line with the duration left on my visa?

Yusuf86 if you had any success with your case can you kindly update?

Thanks

[jkcool]

I am also in a similar situation and I check with the immigration helpdesk at my office. They have contacted Home Office and clarified that any dependents of Tier 2 General more than 3 years must apply under Tier 2 General more than 3 years. No matter how many years of visa is given.

For my new born, I had this issue. I am on Tier 2 General until 2018 from 2014. And if I apply for my child, it will 2 years 2 months. Still, I need to apply under Tier 2 General more than 3 years . I am going to apply next week. NHS surcharge will be paid only upto the visa duration.

[talhachohan]

Just to let you know that I applied for upto 3 years category and my wife's application and she has got her visa even though I am currently sponsored in the up to 5 year category. So just to correct you that the applicants should apply in line with the periods of grant of the main applicant and not their CoS. This is also mentioned in the policy guidance section of "Periods of Grant". Not sure how many others have been mislead because of this. Since I had only 1 year remaining on my visa, it was ok to pay for the 3 year category instead of 5.