Query Regarding transfer of Dependent VISA

[mukhs9]

Dear Admin,

I had a query which wanted to post here. I am in the UK since March 2014 on a Tier 2 ICT Established Staff VISA along with my immediate dependents i.e my wife and my child. I initially got the VISA for 3 years but have extended it twice now from UK and the present Tier 2 ICT VISA for me as well as my dependents is valid till June 2022.

Recently as the point based system was introduced from 1st January 2021 I have been offered a job in the UK where the employer is happy to sponsor my VISA via the skills transfer route using the new points based system. They have initiated my VISA and I am expected to join them by March 2021. However they are not transferring VISA for my immediate dependents and they state its my responsibility which is fine with me. So in this scenario do I have to apply for changing the VISA for my dependents now itself or will that be fine till June 2022 as they have the dependent VISA till then. We are all in the UK at the moment.

So just wanted this clarification from you whether the VISA for my dependents need to be changed or re applied now itself i.e before March 2021 as I am changing my VISA category from Tier 2 ICT to Tier 2 Skills Transfer VISA or the VISA change/extension for my dependents can wait till June 2022 , till they have the valid dependent VISA. So I apply anytime before June 2022 to get the dependents VISA extended.

[manci]

There is no "Skills Transfer route ", you presumably mean the Skilled Worker route

From the Skilled Workers (Dependants) Policy Guidance:

"If the Main Applicant changes employer ... and is therefore issued with a new certificate of sponsorship ,.. and is applying for leave to remain to work … under their new sponsor, PBS dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant"

Your new employer will assign a Certificate of Sponsorship to you but they cannot apply for your visa (leave to remain), you'll have to do that yourself or through a legal presentative. I expect your new employer just told you that they will pay your visa costs but not the costs of your dependants' visas.

[mukhs9]

Hi Manci,

Many thanks for your response. However here my VISA category is changing from Tier 2 ICT Established Staff (which is with my current employer) to Tier 2 General VISA under the Skilled Worker route in guidelines with the new points based system (which will be with my new employer) . So in that scenario if I don't have to re apply for my immediate dependents that is great.

My new employer is actually taking care of my VISA process i.e both the CoS as well as getting the VISA processed. But they will neither pay nor be responsible for the VISA of my dependents. That I have to do myself.

[mukhs9]

Hi Manci,

It seems the policy guidance has now changed. can you update on the new policy guidance.

[manci]

https://assets.publishing.service.gov.u ... .0-ext.pdf

[mukhs9]

HI Manci,

Many thanks for the link and the new document, however the document doesnot clearly state the rules with respect to the dependents e.g in the earlier document (which is archived and invalid now) it stated :

"If the Main Applicant changes employer ... and is therefore issued with a new certificate of sponsorship ,.. and is applying for leave to remain to work … under their new sponsor, PBS dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant"

Doe the new document or the new set of rules also contain the same statements. I couldn't see them though. Or are there any other documents we need to refer. If youi can guide me to the relevant link or the relevant document that would be helpful. Many Thanks in advance.

[manci]

https://www.gov.uk/skilled-worker-visa/ ... d-children

Apply for your partner or child’s visa at the same time as you apply to extend or switch your own visa. This includes children who were born or have turned 18 during your stay.

If you cannot apply at the same time, your partner or child can apply to extend or switch their visas at a later date. This must be before their current visa expires.

[mukhs9]

HI Manci,

Many thanks for your response and I have gone through the article. However my question was , do the previous rule still apply , where I am switching my VISA from Tier 2 ICT to a skilled worker VISA but my dependents have their PBS dependent VISA till June 2022 i.e the statements as mentioned in the earlier document, which is now archived :

"If the Main Applicant changes employer ... and is therefore issued with a new certificate of sponsorship ,.. and is applying for leave to remain to work … under their new sponsor, PBS dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line with the leave of the PBS migrant"

Or they also have to change their VISA as soon as possible, as I have changed my VISA from Tier 2 ICT to Skilled Worker VISA.

The question is whether I need to apply to change the VISA for my dependents now itself immediately as I have changed my VISA from a Tier 2 ICT to a skilled worker VISA OR can I wait till June 2022 to apply for the VISA extension for my dependents as their current PBS dependent VISA which was obtained when I was on Tier 2 ICT VISA , is valid till June 2022.

Hope I am able to clarify myself. I would also like to thank you for spending some time on my query.