Tier 2 dependant visa when starting a new job!

[mksoi]

Hi,

I am in Northern Ireland holding a Tier 2 visa which is valid from 09/01/2017 to 28/01/2020...
My wife and my 4 years old kid (K1) have dependent Tier 2 visas with the same validity...
I got another kid (K2) born in Belfast on 09/2018 who has no visa yet...
We all hold the Syrian nationality...

I got a new job offer in England starting from 01/08/2019, so what must I do among the following options:
1- Apply for a new Tier 2 visa (NOW) for me and all of my dependants including the newly born one (K2).
2- Apply for a new Tier 2 visa (NOW) for me, my wife, and my kid (K1). My new kid (K2) can stay without a visa until I get the ILR.
3- Apply for a new Tier 2 visa (NOW) for me only. Then later on November or December 2019, I can apply for a new Tier 2 visa for all of my dependants which starts from 29/01/2020.
4- Apply for a new Tier 2 visa (NOW) for me only. Then later on November or December 2019, I can apply for a new Tier 2 visa for my wife and my kid (K1) which starts from 29/01/2020. My new kid (K2) can stay without a visa until I get the ILR.

So can you advise me which option I must go for.
Thank you very much

[mksoi]

Could you please answer my question...

[CR001]

uk-tier-2-employer-sponsored-visas/when ... 98586.html

[mksoi]

Thank you for your reply.
It seems there are contradicting answers in the link that you have provided, is not it?
And how about my new kid (K2)?

I would appreciate if you can just help me to select one of the options that I have mentioned above: 1, 2, 3, or 4.

Thank you

[CR001]

Your dependents who already have visas do NOT have to apply when you do and can wait till shortly before their current visas expire.

You can apply and include the child that does not have a visa with your application.

Nothing confusing in the link I have provided.

[mksoi]

Thank you for your reply. I can understand now that my family can wait till December before they renew their visa and they do not need to apply with me now. That is a good news for me. Thank you.

I have also understood that my new child (K2) can apply with them as well. But, do he need to do so?
I mean being born in the UK, is there any issue if he stays without a visa until I get the ILR?

Thank you

[CR001]

is there any issue if he stays without a visa until I get the ILR?

No issue, however NHS is only free for the first 3 months as far as I understand.

[sah10406]

I got another kid (K2) born in Belfast on 09/2018 who has no visa yet...

This child does not need to apply for leave as your dependant unless it needs to re-enter the UK, but you may want to consider applying anyway, to make sure they are covered for any hospital bills in England by paying the Immigration Health Surcharge as part of the application. Otherwise a baby born in the UK to someone with limited leave is only exempt from hospital fees for their first 3 months. After this, they are liable to pay for treatment and fees, unless they make a successful application for leave to remain (which includes the Immigration Health Surcharge).

See the guidance at
https://www.gov.uk/government/publicati ... egulations

Paragraph 5.14 says “A child born to a person who is exempt from charges under Regulation 10 or 11 will also be exempt from charges while they are aged three months or younger provided that the child has not left the UK since birth. Parents should ensure that they regularise their child’s immigration status in the UK during this three-month period, which may include the parent paying the health surcharge on their child’s behalf. If the parent does not regularise their child’s status, they will be liable for any charges for treatment provided to the child after the three-month period.”

[mksoi]

Thank you for your reply. That was surprising in deed.
My kid is about 8 months old now and I am not paying for his medical treatment. He has received his NHS card as well.
We have not gone to Hospital yet, but we have been at the GP for him several times.

[sah10406]

My kid is about 8 months old now and I am not paying for his medical treatment. He has received his NHS card as well.
We have not gone to Hospital yet, but we have been at the GP for him several times.

Info in previous post refers to England only, and only to hospital fees and bills.

[mksoi]

Got it. Thank you very much.

Final question please...

If I apply for all of my family members now, I need 2.5 years more of Tier 2 visa before we are all eligible for ILR.

Now, will the visa application portal consider that they still have NHS cover till 28/01/2020 so it won’t ask me to pay for this 6 months period (from August 2019 to January 2020), rather it will ask me for the NHS charges of two years only?

Because there is no point of delaying their application to November apart from making use of the NHS cover that I have already paid for and still valid until 28/01/2020.
The visa fees itself is the same. Because I do not need more than 3 years of a tier 2 visa in both cases {I mean applying now (for more 2.5 years) or in November (for more 2 years)}

[sah10406]

Now, will the visa application portal consider that they still have NHS cover till 28/01/2020 so it won’t ask me to pay for this 6 months period (from August 2019 to January 2020), rather it will ask me for the NHS charges of two years only?

See https://www.gov.uk/healthcare-immigrati ... on/refunds

[mksoi]

Actually none of the points falls directly into my case. Probably this one is the best match:

You’ll get a full IHS refund if: you paid twice

Apart from this,...

You will not get a refund if:
you leave the UK before your visa ends, for example to make a new application

I am not leaving the UK.

You will not get a refund if:
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

I am not applying for indefinite leave to remain neither I am changing to another visa where I do not need to pay.

So what do you think?

[sah10406]

Actually none of the points falls directly into my case. ...

So what do you think?

I think you are over-thinking it. You will have paid twice.

[mksoi]

Actually none of the points falls directly into my case. ...

So what do you think?

I think you are over-thinking it. You will have paid twice.

Thank you very much for your reply.
As I will get back the NHS charges of 6 months and as the Visas fees are going to be the same (if I apply for my family now or later in December). Then there is no point of waiting. I will apply for all of them now.

The only thing left for me to decide about is my child (K2) case. I still have two options:
1- Apply for him now.
2- Do not apply and find a private health insurance for him.

[mksoi]

Hi again,
I am trying to fill my visa application. I was confused which category I have to go for.

Switch to this visa - Eligibility

!	Message from: mksoi
	You must already be in the UK under any of the following visas or schemes: -Tier 1 visa -Tier 2 (Sportsperson) visa -Tier 2 (Minister of religion) visa -Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor -Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD

Extend your visa - Eligibility

!	Message from: mksoi
	-You must have current permission to enter or stay on a Tier 2 (General) visa. You must also meet the following conditions: -you have the same job as when you were issued your previous permission to enter or stay in the UK -you’re still working for the employer who assigned your certificate of sponsorship -you’re still earning an ‘appropriate salary’ - read the guidance if you’re not sure

My case does not fit in any one of these! I am on a Tier 2 General visa. However, I am changing my sponsor.
So which category I have to go for?

I checked the portal: https://www.visa4uk.fco.gov.uk/home/welcome. It says that:

Welcome to the Visa4UK service, you can apply for a UK visa using this service if you’re an applicant who is not currently in the UK.

So what is the suitable portal for applicant who is currently in the UK?

[sah10406]

I strongly encourage you to get advice from your Tier 2 sponsor about your application. They are as invested in its success are you are.

[mksoi]

I will. Thank you.