what is the best way to change my son's dependent visa application

[badou]

Dear friends,

Thanks for your kind help for my previous questions, and may I ask a few questions about my children's dependent visa application?
They have been staying in the UK as dependent of my Tier 2 visa, and it will expire in two week, and I am waiting for my employer to provide CoS for me, so I haven't started my Tier 2 (now skilled worker) visa extension yet.
Therefore, we decide to first apply for dependent visa for the kids as my wife's dependents - my wife has a separate tier 2 visa sponsored by her employer until 2026.

We just submitted the visa application for the kids today, and we realised that the standard service will take long
1. it will take about 8 weeks to make a decision
2. the standard (free) appointments to get my kids' finger prints will be in late September

My understanding is that as long as the application has been done, while we are waiting for the decision, they can legally stay in the UK, but I still have a few questions:
1. Is it correct our current status - paying the application fees but not at the appointment yet - considered as the application has been done, so we are fine even if the appointment is after the visa expiration date, or we really need to get a early appointment before the visa expiration date?
2. After submitting the visa application, I got this email saying "Visa: PBS, Start-up, Innovator or Global Talent dependant child". My understanding is that PBS includes the old Tier 2 (now skilled worker), is that correct? Just want to make sure that I am not making any mistake, as the "Start-up, Innovator or Global Talent dependant child" is something I am not familiar with.
3. If my application is returned due to some document mistake (e.g., I should apply for a different visa but not PBS dependent) after the expiration date, can we still apply for dependant visa for the kids within UK? Or they have to leave and apply from abroad? If so, perhaps I should try to pay for the premium service and get the answer within 5 days...

Thanks very much!

[CR001]

You need to understand that the children will NOT get a visa extension as your wife's dependent with a visa expiry date that is the same as your wife's visa. If for example your visa expires on 1 December, the children's visas as your wife's dependents will also expire on 1st December.

If you do not have a visa, their application will be rejected/refused.

Skilled Worker dependent children's visas expire at the same time as whichever parent's visa expires first. This is clearly stated in the immigration rules.

There is no other visa category your children can apply for other than Skilled Worker dependent.

[badou]

Thanks very much! Again you are being really helpful!

Sorry for my misunderstanding.

My visa will expire in two weeks, and I am waiting for my sponsor's CoS.
- So I will either apply for a skilled worker visa extension longer than my wife's, if I get my sponsor's CoS on time;
- Or I will apply for a tier 2 dependent visa as my wife's dependent

In either cases, I will use priority service so that I have a visa decision earlier than my kids.
If my application goes well and when UKVI considers my kids' application, I already have my visa, would that be fine?

Since for my kids applications, they only ask for my wife's visa, but do not ask for mine, so I think that they will look at my status only when they consider my kids application? Is this understanding correct?

Or would it be safer that I withdraw my kids' applications (and get refund?) now, and later, when I apply (either my T2 extension or as my wife's dependent), I add my kids' application together?

Thanks again for your kind help,

You need to understand that the children will NOT get a visa extension as your wife's dependent with a visa expiry date that is the same as your wife's visa. If for example your visa expires on 1 December, the children's visas as your wife's dependents will also expire on 1st December.

If you do not have a visa, their application will be rejected/refused.

Skilled Worker dependent children's visas expire at the same time as whichever parent's visa expires first. This is clearly stated in the immigration rules.

There is no other visa category your children can apply for other than Skilled Worker dependent.

[meself2]

In either cases, I will use priority service so that I have a visa decision earlier than my kids.

It is not a guaranteed service. You might be waiting for a decision for weeks/months even if you paid for priority.

[badou]

Hi there,

We applied for our kids' dependency visa and paid the fee in the UK, and now we need to make an biometric appointment and we have two choices:
- get a free slot, but the earliest one is already after our kids' current visa expiration date
- pay 286 GBP for two kids, to get a slot that is before their current visa expiration date

I understand that the application needs to made before the current visa expires, but I am not 100% sure if the the application being made means
- paying the application fee, or
- attending the biometric appointment

Suggestions will be appreciated!
We will be happy to buy you a bear!

[meself2]

Paying the fee and submitting the application is fine. You can get an appointment after visa expires.

[badou]

Paying the fee and submitting the application is fine. You can get an appointment after visa expires.

Thanks very much for the information! Very helpful!

[badou]

Dear friends,

Our situation is the following:
- my wife has a skilled worker visa, valid until 2026 spring
- my skilled worker visa will expire in 10 days, while I just got my new CoS yesterday
- my kids were dependent on my visa, but a few days ago we applied for dependent visa for them, being dependent of my wife, because at that time we don't know if I will get CoS on time. And we made an innocent error in putting a wrong year for a kid: should be 2015 but we put 2011

Now will the new CoS, I plan to apply to extend my skilled worker visa to 2026 Sep

I applied my kids' visa depending on my wife's skilled worker visa, a few days ago, but now I have got my own skilled worker visa CoS extended, and will apply for my own skilled worker visa soon, and I would like to consider varying my kids' visa to be linked with mine, for two reasons
1. I can change the error in birth year
2. their visa were linked to mine before, so the application will look more natural, could that be useful?

Would this be a good idea?

Since I have a old visa of my kids existing (not attending appointment yet), shall I apply for my visa extension first, and then later apply for my kids' visa separately, to replace their old visa application, so that the refunding of my kids' old visa application can be automatically done?
Usually I would apply for my visa, together with my kids' visa. But our previous visa application is with them two only, so I don't know if it is easy to use an application of 3 people to replace the application of 2 kids and get refunded...

Thanks!

[meself2]

my kids were dependent on my visa, but a few days ago we applied for dependent visa for them, being dependent of my wife,

Do you realize that they would've gotten the visa which ends at the same time as your old one?
Visas are issued that end at the same time that less priveleged parent's visas end.

[CR001]

@badou can you desist from posting new topics and queries all over the forum and stick to ONE topic for extsnsion queries, this one, now merged.

[badou]

my kids were dependent on my visa, but a few days ago we applied for dependent visa for them, being dependent of my wife,

Do you realize that they would've gotten the visa which ends at the same time as your old one?
Visas are issued that end at the same time that less privileged parent's visas end.

Thanks for pointing this out!
Yes, we were aware of that, but at that time, we were not sure if I will get my CoS on time, so we cannot submit my visa application before my kids, but I planned to submit an ILR application before my kids' biometric appointment, so that when they consider my kids' application, I am in the status of getting ILR. What I learned from an solicitor is that then they will consider my kids' visa application according to my wife's visa. Is this correct?

Now with my own CoS arriving on time, I will apply for my own skilled worker visa, and vary my kids' application to be linked to me. Does this sound right?
I am still not sure if I should
- apply for my visa and kids' visa together, and ask withdrawing of my kids' previous visa application and getting refund
- apply for my visa first, and then vary my kids' old application by sending a new application for them to replace the old application

I don't know which one would make the process smoother and we can get our results quicker - this is what matters to us the most, under the condition that we can get refund.
The first one seems to be more natural, but the refunding process may be complicated?
The second one - varying application, seems to be better documented about refunding, but perhaps the evaluating process will be more complicated since my application and their applications are seperate?

[badou]

@badou can you desist from posting new topics and queries all over the forum and stick to ONE topic for extsnsion queries, this one, now merged.

Oh, thank you. Sorry about this.. I will stick to the same post.
Apologize for not understanding the rules earlier.

[meself2]

What I learned from an solicitor is that then they will consider my kids' visa application according to my wife's visa. Is this correct?

Not quite.

and vary my kids' application to be linked to me

I just don't understand what do you mean by "linked to me". I don't even undestand why you want to change your kids' application.

As per immigration rules (https://www.gov.uk/guidance/immigration ... led-worker ), relevant lines are:

SW 36.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

which in this case will be you, as your visa ends in a few days. So, I guess, visa is linked to you, in your terms?

I do not know for how long of a visa you plan to apply, but assuming your visa will be shorter than your wife's, kids will get permission that ends on the date of your permission (or vice versa).

[badou]

What I learned from an solicitor is that then they will consider my kids' visa application according to my wife's visa. Is this correct?

Not quite.

Yes, I also feel that this solicitor might have given me the wrong information.. I asked that while my current visa will expire soon, I am applying for a new visa (skilled worker), will HO wait for my application and then decide on my kid's visa? And the solicitor said that they will not wait, and will decide according to my wife's. It does not sound reasonable...

and vary my kids' application to be linked to me

I just don't understand what do you mean by "linked to me". I don't even undestand why you want to change your kids' application.

The main reason is that when I apply for my kid's visa linked to wife's, I have not submitted my skilled worker visa extension yet. So at that time my status is with a visa expiring soon.
Now I have submitted my skilled worker visa extension, I thought that it might be better to update/vary my kids' visa application so that now the information would look more clear: they apply for visa together with me, and HO will see my application, instead of looking at my current visa and decides my kids' application accordingly.. Is this something I should do or it does not really matter?
The minor reason is that I made a mistake in my older son's birth year..

Thanks!

[badou]

I am trying to apply for the dependent visa for my child, after finishing my skilled worker extension application.
Then the application asked for using the phone to verify my ID, which I have done when I submitted my application, so I did the same thing again, taking my photo, etc.. But then I realized that this procedure might have been requesting my child to be verified.
Is my understanding correct? Perhaps I should redo the application..
Thanks!