T2 Dependent application queries

[jwil]

Hello,

I had some queries about tier 2 dependent applications which I haven't been able to answer satisfactorily myself after researching the gov.uk guidance & this board.

My partner & I are currently in the UK under the Tier 5 mobility scheme (until the end of April this year). She is going through the process of acquiring a tier 2 sponsored visa, of which I would apply for dependent status on. This would be in the April allocation or sponsorship certificates. I am trying to confirm:

1) When her firm is allocated a certificate of sponsorship (say 11 April or thereabouts) and she leaves the UK to continue the application process, can I start the dependent application process at the time the certificate is issued, or do I need to wait until the process has been fully completed and she is back in the UK?
2) If the answer to 1) is yes, you may start a dependent application when the CoS is issued, what provision are there to take account of current leave to remain ending potentially during the application process? I.e if the current visa ends on 30 April, can you submit a dependent application prior to that and remain if it has not been processed by that date?
3) It looks like there is (considerable) a time difference between an application being completed and a BRP issued. I imagine some interim documentation is issued in the meantime confirming right to remain/work? E.g if you have a current work contract tied to the original end date of T5 remain, would something interim be issued to allow for that contract to be extended until formal receipt of the BRP?

Many thanks

[CR001]

1. You should apply once she returns to the UK.

2. You must apply before your current visa expires or leave the UK and apply from abroad when your partner does.

3. Yes, usually a letter confirming etc. If you don't have a decision on your dependent application but have submitted an application before your tier 5 expires, you are covered under section 3C of the immigration rules, meaning your tier 5 visa conditions continue until a decision is made.

[jwil]

Thanks, that's helpful to know. For 1), does that mean you aren't allowed to apply prior to the t2 holder returning? The timings (just over a fortnight between the 11th April - end of T5 date) don't look that feasible. Am I right in thinking that a dependent application would take quite a lot longer to process outside of the UK as well? Not much to be done if that's just the way it is though.

[CR001]

You can apply once her visa is granted. I have only seen one case on the forum where partners applied at the same time from UK and abroad that was granted but there was a long delay.