Skilled Worker (Dependents) - Policy Guidence - Clarifications

Suvendu Mandal made this Freedom of Information request to Home Office This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Home Office,

I am requesting clarifications on the below queries as the Skilled Workers (Dependants)- Policy Guidance has been withdrawn on 03-March-2021.

I believe the below rule is not valid anymore which is mentioned in the above-mentioned policy guidance on page 11.

"61. If the Main Applicant changes employer or educational institution and is therefore issued with a new certificate of sponsorship/confirmation of acceptance for studies and is applying for leave to remain to work or study 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. Dependants of Appendix W Workers should apply to switch at the same time as the Main Applicant.
Please allow me to explain my situation."

Questions #

1. Considering main application is switching from Tier 2 General visa to Skilled Worker visa, is it mandatory to switch / re-apply for the dependent visa along with the main applicant's Skilled Worker visa?
Please note that dependent is already on Tier 2 General PBS dependent visa as per the main applicant.

2. If the main applicant switch to a Skilled Worker visa and the dependent stay on the existing Tier 2 General PBS Dependent visa then can dependent leave the UK and re-enter after vacation within end of the visa validity period?

3. If dependents stay on the existing Tier 2 General PBS Dependent visa and the main applicant switch to a Skilled Worker visa then can dependent apply for an ILR based on 10 years long residence route considering dependent is eligible for ILR?

May I request to clarify my queries which are mentioned above?
Appreciate your quick response on this matter.

Yours faithfully,

Suvendu Mandal

FOI Requests, Home Office

Thank you for contacting the Home Office  Freedom of Information Requests
Mailbox.

This is to acknowledge  receipt of your email.

show quoted sections

FOI Requests, Home Office

Dear Suvendu Mandal,

Please be aware that we have decided to handle your correspondence of 04 June 2021 outside the provisions of the Freedom of Information Act. This is because it does not meet the criteria for a Freedom of Information request, as it does not ask for recorded information. Below is a link to the ICO guidance for the criteria for valid requests under the Act:

https://ico.org.uk/media/for-organisatio...

The Home Office will provide an answer to your query, but it will be answered outside of the provisions of the Act.

You should expect to receive a response in due course from the appropriate Home Office business area.

N McKenzie
Home Office

show quoted sections

Public Enquiries (CD), Home Office

Dear Suvendu Mandal,

 

Your request has been passed to a Home Office official to provide a
response. It is not being handled under the Freedom of Information
protocols as it is a clarification of existing guidance.

 

To Answer your questions:

 1. It is not mandatory to switch when the lead applicant switches
provided the dependant still has time left on their existing dependant
visa.
 2. Yes, the dependant visa is still valid while the lead applicant
maintains a valid worker visa. It should be valid for travel in the
same way it was when the lead migrant was on a Tier 2 visa. Note:- The
dependant visa is only valid until the original date, it cannot be
extended without making a fresh application.
 3. Yes, applying for 10 year long residence requires that the applicant
has been legally resident in the UK for 10 years under any category of
leave / permission to stay.

 

Yours sincerely,

 

Public Enquiries  

show quoted sections