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Care visa and dependent March 11

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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NizamNizz
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India

Care visa and dependent March 11

Post by NizamNizz » Thu Feb 08, 2024 7:49 pm

Hi everyone,

I have a doubt regarding the care visa and bringing dependent on this visa. I am currently on a graduate visa and I am going to switch to a care visa as soon as possible. My worry is that if I apply care visa by March 10th then will I be qualified to bring my spouse on dependent visa after that?
Kindly advise me in this regard.

Thank you all in advance

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Frontier Mole
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European Union

Re: Care visa and dependent March 11

Post by Frontier Mole » Thu Feb 08, 2024 10:04 pm

From Home Office Site

Care workers (SOC code 6145) and senior care workers (SOC code 6146) already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​

Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

The above assumes that if you apply before 10th March you will maintain the right as a care worker.

Sunriserain
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Bangladesh

Re: Care visa and dependent March 11

Post by Sunriserain » Fri Mar 08, 2024 5:35 pm

What if someone is waiting for the cos to be issued by the home office.he applied for cos in December 2023. And it get issued after 11th march 2024
Still can he apply for visa of his dependent? He will be under old rules as he applied for cos before march 11th or is it necessary to apply for visa before 11th march for dependent?

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Frontier Mole
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Re: Care visa and dependent March 11

Post by Frontier Mole » Fri Mar 08, 2024 11:54 pm

The COS must be assigned before 11th March 2024 for dependents to apply

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Frontier Mole
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Re: Care visa and dependent March 11

Post by Frontier Mole » Mon Mar 11, 2024 11:11 am

The published guidance which came out today states that the application has to have been made before 11th March for care workers to have dependents.
This a departure from previous policy where the date of assignment of the COS sets the rules in play. This is a hardline approach and is probably subject to challenge. Issuing guidance on the day of change is legally unacceptable.

ZIMAL787787
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Pakistan

Re: Care visa and dependent March 11

Post by ZIMAL787787 » Tue Mar 12, 2024 1:09 am

Is there still chances to apply for dependents if cos issued before 11th march

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Frontier Mole
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Re: Care visa and dependent March 11

Post by Frontier Mole » Tue Mar 12, 2024 1:36 am

Unless a legal challenge is made through the courts and even then until there is an outcome the 11th of March deadline will stand.
I have not yet found any statement or policy that stated that care work applicants had to apply on or before 10th March to be able to have dependents.
When there has been policy changes in the past that impacted skilled workers / tier 2 the date of the COS assignment set the rules in play.
Yes the caseworkers found it a pain but it made the cut off clear for weeks prior to the changes.
If the Home Office is changing the goal posts for dependents then I fully expect the same for the salary threshold too.

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