Tier 2 dependant visa expired outside UK - Partner ILR

[temyuv]

Hi,

Can you please help me out?

I got my ILR (Tier 2 route) several months ago. My baby has british passport as she born in UK.

My wife and baby came to India in Jan 2020 for holiday and supposed to go back to UK in March but got stuck in India due to COVID-19 situation.

My wife is on Tier2 dependant visa which is expired few days ago (She is due for ILR in Jan 2021) and we were unable to apply for the visa as VFS centres in India are currently closed due to COVID-19.

1.What Visa should I apply now (without effecting her ILR clock for 5yrs)? Tier-2 dependant Visa Extension or ILR dependant? What are the documents needed?
(Some people are suggesting Tier2 dependant extension but I'm not sure if I can apply for Tier2 dependant extension outside UK?)

2.Do I need to provide Criminal Record Certificate for my wife if we apply for visa outside UK?

Please help.


Many Thanks,
Tim

[CR001]

My wife is on Tier2 dependant visa which is expired few days ago (She is due for ILR in Jan 2021) and we were unable to apply for the visa as VFS centres in India are currently closed due to COVID-19.

You should have submitted an online application before her visa expired. Date of application is the date you apply and pay online and not the VFS appointment.

1.What Visa should I apply now (without effecting her ILR clock for 5yrs)? Tier-2 dependant Visa Extension or ILR dependant? What are the documents needed?
(Some people are suggesting Tier2 dependant extension but I'm not sure if I can apply for Tier2 dependant extension outside UK?)

What date exactly did her visa expire?? What date was her most recent visa issued??

2.Do I need to provide Criminal Record Certificate for my wife if we apply for visa outside UK?

No.

[temyuv]

Many thanks for your quick response.

What date exactly did her visa expire?? What date was her most recent visa issued??

Most recent visa issued in June 2017, expired on 4th June, 2020.

Thanks.

[CR001]

You should apply for a new entry clearance tier 2 dependent visa within 14 days of the expiry date. Do you meet the maintenance requirements?

[temyuv]

You should apply for a new entry clearance tier 2 dependent visa within 14 days of the expiry date. Do you meet the maintenance requirements?

Yes, I do.
Also, what documents I need to provide for new entry clearance tier 2 dependent visa?
As far as I know,
1.My passport,brp copies
2.My Bank statements, utility bills
3.My COS, sponsorship details, payslips, employee confirmation letter
4.Marriage Certificate
5.My wife's passport, brp, payslips, bank statements.
Anything else?

Thanks,

[temyuv]

Hi,

Can you please help me out?

I got my ILR (Tier 2 general route) several months ago. My last Tier 2 BRP vailidity, COS validity was expired.

My wife went to India in Jan 2020 for holiday and supposed to go back to UK in March but got stuck in India due to COVID-19 situation. She is on Tier2 dependant visa which was expired in June 2020 (came to UK in Jan 2016 as Tier-2 dependant - she is due for ILR in Jan 2021) and we were unable to apply for the visa as VFS centres in India were closed due to COVID-19.Now they are open. My wife needs to come to the UK ASAP as she needs to work.

1.What Visa should I apply now (without effecting her ILR clock for 5yrs)? Tier-2 dependant Visa or ILR dependant? What is the safest option?
2. I heard If I apply for Tier-2 dependant her ILR clock will be reset as this visa treated as entry clearance visa. Is this correct?
3. Am I allowed to apply for Tier-2 dependant even if my last Tier-2 visa has no validity?
4. If you suggest ILR dependant visa, can I apply straight away for 5 yrs?

Please help.

Many Thanks,
T

[CR001]

What date did her visa expire?

She should have made the online application before her visa expired. The VFS appointment date is NOT the application date. The date of online application and payment is.

[temyuv]

What date did her visa expire?

June 4th

She should have made the online application before her visa expired. The VFS appointment date is NOT the application date. The date of online application and payment is.

Sorry we didn't know that earlier

[CR001]

As it is more than 28 days since her visa expired, her clock will likely be reset and she will need to apply as an ilr dependent.

[temyuv]

her clock will likely be reset and she will need to apply as an ilr dependent.

If thats the case, can I apply straight away for 5 yrs ILR dependant? Do I need to submit Criminal Record, TB certificates?

Thanks.

[CR001]

No, an ilr dependent spouse visa is for 2.5 years and then has to be renewed for another 2.5 years.

There is no 5 year visa option.

[temyuv]

Do I need to submit Criminal Record, TB certificates for her?

[zimba]

Do I need to submit Criminal Record, TB certificates for her?

Yes as she has been away for more than 6 months. She should apply under the family route visa and start her ILR clock from scratch.