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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Help! Tier 2 Dependent Visa Guidance!

Customer Question

Hello. I am currently in the UK on a Tier 2 work visa, but as my job is very very stressful and I am experiencing health problems, I plan on resigning. My husband also has a Tier 2 visa and is teaching. He got the visa last spring and will be valid for another two years. He is performing extremely well in his job and I'm sure that when it expires his current employer will certainly sponsor him again.

I would like to apply for a Dependent visa on his Tier 2. Can I apply from WITHIN the UK? Or do I have to return to the USA to apply for a dependent visa?
Submitted: 4 years ago.
Category: UK Immigration Law
Customer: replied 4 years ago.
Relist: I still need help.
Customer: replied 4 years ago.
Relist: I still need help.
Customer: replied 4 years ago.
Relist: I still need help.
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

The good news is that you can apply to become a dependent on his Tier 2 Visa from within the UK provided your Visa is still within time.

 

You will have to show that you are married (marriage certificate), that you will require no access to public funds and that you have enough personal fund to support yourself for the entire time of your stay here.

 

I doubt I need to say this, but there is of course the danger that your husband loses his job (for whatever reason) and then your dependent visa falling away because of this.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards

 

 

Tom

 

 

 

Thomas, Solicitor
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so much for your answer.

There was a section in the PBS dependent guidance notes that had me confused/worried:

"Switching into the route for Family Members of Points Based System Migrants
Switching is permitted when applying as a family member who currently holds leave as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant."

Does this clause change anything in regards XXXXX XXXXX situation?
Expert:  Thomas replied 4 years ago.

Hi,

 

As you have been granted leave to remain as a relevant points based system migrant this does not change your position. The important part of the quote is the second part for your purposes.

 

I hope this clarifies.

 

Tom

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Thomas
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BA (Hons), PgDip, Practising Solicitor