Tier 2 Dependent Visa Extension If Main visa holder leaves the UK

[Abg85]

CROO1,

This is for my friend and his family. My friend is in tier-2 PBS visa and his spouse came here along with their child aged 9 (now) on tier-2 dependent visa on 2017 and their 3 years visa is going to expire by this year end. Now my friend is interested to continue here with his son, however his spouse want to return back to her home country along with son, so she will not support anything to extend her or the child visa. She went to their home country before lock down due to the medical emergency of her father and unable to return back due to the lock down and all. So now the child is here in UK with him and she is keeping good relationship with the child over his phone and she had agreed to take care the child in her home country after the visa expiry of the child.

Since they have not divorced, he or she doesn't have any court order regarding the sole custody of child (If he will approach court it may take years to get the decision from court and he will get only shared custody). In this case there is no any serious and compelling reason to continue the child in UK, except the wish of one parent to continue in UK. My friend can arrange suitable arrangement for the care of the child in UK.

Is there is any possibility to my friend to get the visa extension of his child without extending the visa of spouse?
Is there is any possibility to extend the visa of child without extending the visa of his spouse by submitting a consent letter from his spouse (only if she agrees) by agreeing to extend the visa of child?

[CR001]

1. Do not tag your questions onto other members topic that has no relevance to your question.

2. A PBS Dependent child only qualifies for a visa extension if both parents are in the UK with valid leave/visa. This is clearly stated in the immigration rules.

[Abg85]

1. Do not tag your questions onto other members topic that has no relevance to your question.

2. A PBS Dependent child only qualifies for a visa extension if both parents are in the UK with valid leave/visa. This is clearly stated in the immigration rules.

CROO1,

1) Sorry for posting in wrong place, In future post I will take care.
2) In my friend's case is there is any other possibility get the visa extension of child?

[CR001]

Without proving sole responsibility with official documents, highly unlikely.

[Abg85]

Without proving sole responsibility with official documents, highly unlikely.

CR001,

As per the advise from his family lawyer if he will file a divorce case in the court it will take years for settlement and he/she will never get sole custody of child, they will get only shared custody of child and with shared custody he can't apply for the visa extension of the child. So I will advice my friend instead of wasting the money by applying the child visa extension without extending the spouse visa, to send back the child to their home country where his spouse is living. In think the UK immigration rules are strictly stick on this guidelines regrading child visa to prevent the unintended break-up of a family and the same is on good intention and catering the purpose also.

Thank you very much CROO1 for your valuable advise and reply.

[CR001]

In think the UK immigration rules are strictly stick on this guidelines regrading child visa to prevent the unintended break-up of a family and the same is on good intention and catering the purpose also.

These rules are in place to protect children. Many children are victims of parental abduction etc. UK is signed up to the Hague Convention on protecting children.

[Abg85]

In think the UK immigration rules are strictly stick on this guidelines regrading child visa to prevent the unintended break-up of a family and the same is on good intention and catering the purpose also.

These rules are in place to protect children. Many children are victims of parental abduction etc. UK is signed up to the Hague Convention on protecting children.

CROO1,

Exactly. I think these rules are famed in connected to family court law to avoid the family break up. If both parents are involved in the upbringing of child, it will not be possible to any of the parent to obtain sole custody and both parent will get only shared custody, so one parent itself will not able to apply for new visa or the visa extension of child.

Now I saw that the immigration guidelines are clearly stating that the wish of any one parent or relative to continue the child in UK due to any reason will not be considered as serious & compelling reason for the new visa or the visa extension of the child and now my friend has also realized that if it was decided by both parents that the child’s best interest is to spend time living with their UK based parent, is not a valid serious & compelling reason to extend the visa of child without extending the visa of other parent.

As you mentioned in your first reply This is clearly stated in the immigration rules"A PBS Dependent child only qualifies for a visa extension if both parents are in the UK with valid leave/visa".

Thank you very much for your advise and guidance.