The definitions of who a dependant strictly includes a husband/wife, civil partner, unmarried partner, same-sex partner; or the child (under the age of 18 years) of a main applicant. The main applicant here is the person who was either granted the Tier 2 general visa or applying for the Tier 2 General visa.
It is important to note that dependants must be over the age of 18 years except for child dependants. However, child dependants who are over the age of 18 may still qualify to apply as child dependants if they became 18 in the UK whilst on a PBS dependant visa.
If you have been granted leave to remain as a Tier 2 General migrant, your dependants may apply with you. Also, if you are looking to submit an entry clearance application as a Tier 2 general migrant, you may apply with your dependence as well.
The immigration rules have and will continue to be meet with several reforms and changes. The rules now allow for applications to be made within the country to switch into a PBS Dependant as a Tier 2 General migrant. The exceptions to this include where the applicant is currently in the UK as a visitor and where the applicant is on temporary admission or release.
The age of the dependant as highlighted above also applies in switching.
If you are currently in the UK as a dependant of a Tier 2 General Migrant, you may be able to extend your stay as a dependant of a Tier 2 migrant provided that you continue to meet the requirements. Importantly, you extension will be in line with that of the main applicant.
If you have been granted leave to remain as a PBS Dependant of a Tier 2 General prior to the 9th of July 2012, you will be able to apply for ILR if you have resided in the UK for at least 2 years as a PBS Dependant. Importantly, the main applicant must have either been a settled person or has lodged an Indefinite Leave to remain application
However for applications made after the 9th of July, PBS Dependants will need to have resided in the UK for at least 5 years as a PBS Dependant of a Tier 2 General migrant.
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