The UKVI have given a strict definition of who it regards as a dependant in a visa application. According to the UKBA, a dependant refers to the spouse/partner (over 18 years of age) or a child (under 18 years of age) of a main applicant.
In line with the main applicant’s visa application or as a separate application, the dependant of a Tier 2 ICT visa may apply for entry clearance to join the main applicant in the UK. As mentioned earlier, a spouse or partner applying as a dependant must be over the age of 18 years as at the time of application; while child dependants must be under the age of 18 as t the time of application.
The immigration rules have gone through lots of changes in recent times, rules which came to force from the 1st of October 2013 now allow in-country switching into the Tier 2 ICT visa category. A few exceptions however exists where the applicant’s last grant of leave is as a visitor or is on temporary admission or release.
Importantly, persons looking to switch into this category must be over the age of 18 if they are switching as partners of the main applicant. Where the applicants are applying as child dependants the child dependants must be under the age of 18 years of age as at the date of application.
A Tier 2 ICT dependant may extend their leave to remain in line with that of the main applicant ie when the main applicant is extending their own leave to remain.
For applications granted before 09-07-12, applicants will be granted Indefinite Leave to remain as a PBS Dependant Tier 2 ICT if they have lived in the UK for at least two years under the same route (PBS Dependant of a Tier 2 ICT migrant) and the main applicant already has ILR or has submitted an application for Indefinite Leave to remain.
However for applicants granted after the 9th of July 2012, More so, if an individual has been granted a visa as a PBS dependant of a Tier 2 ICT Migrant under the provision of the Immigration Rules existing from the 9th of July 2012, he/she can make an application for an Indefinte Leave to Remain as a PBS dependant for a Tier 2 ICT Migrant if he/she has resided in the United Kingdom for a minimum of five years as a PBS dependant while the main applicant simultaneously is either applying for an Indefinite Leave to Remain or as a Tier 2 ICT Migrant has been already granted an Indefinite Leave to Remain.
If you have had a refusal of your PBS Dependant application, we would first and foremost urge you to contact an immigration lawyer at the earliest possible time. Note that you will be able to challenge a refusal decision by way of an appealing the decision at the first tier Tribunal. You may also be able to challenge the decision by the way of Judicial review in the Upper Tribunal.