Applying for a Tier 2 Dependant Visa for my Husband outside the UK
If you are currently in the UK and your partner is not, you may be wondering if there is a mechanism to bring them to the UK. Fortunately, the vast majority of the UK points-based system visas offer the option for visa holders to bring their dependents to the UK. In this article, we will look at the Tier 2 Dependant Visa in detail to help you understand how you can use the visa route to help bring your family members to the UK.
The Tier 2 Dependant Visa Explained
The Tier 2 Dependant Visa allows the partner (long-term partner, spouse or civil partner) of a Tier 2 General Visa holder the chance to live in the UK alongside their partner. The Tier 2 Dependant Visa can also be used to bring children to the UK. In order to apply, your partner or other dependent must have at least £630 available in savings as a means to be able to prove that they can maintain their stay in the UK (unless you have an A-rated sponsor or a Certificate of Sponsorship showing that your sponsor will give each of your dependents £630 if they need it).
Once they satisfy the maintenance funds, they will also need to meet the eligibility criteria that are laid out in the next section. If they can satisfy these criteria, they will need to make an application online and attend a local visa processing centre. Here they will give their biometric information that will be used for their Biometric Residence Permit, which will be their proof of their right to stay in the UK. If approved, they will have to collect their Biometric Residence Permit from the UK within 30 days.
Eligibility Criteria For The Tier 2 Dependant Visa
In order to be eligible to apply for a Tier 2 Dependant Visa, the visa holder must have some leave to stay remaining on their visa. As for the intended dependent visa holder, they must have at least £630 per dependent available in savings (on top of the £945 that the main visa holder must have) this is unless the main visa holder will be working for a fully-approved A-rated sponsor or the sponsor produces a Certificate of Sponsorship that offers to cover up to the amount required.
Should these eligibility criteria be met, the dependent can make an application online if they are currently based outside the UK. An online application will also need to be made if you are switching to this visa from inside the UK. If the application is approved, the dependents will receive leave dated to the end of the main visa holder's visa. This means that if you need to extend your visas, you will do this at the same time. The one main difference that you may have if you come to the UK separately is if you are looking to settle. If the Tier 2 General Visa holder has been here longer, they will have the option to gain Indefinite Leave to Remain before their dependents. This usually isn't an issue, as after 5 years of stay in the UK the dependents will also be able to apply for Indefinite Leave to Remain as long as they meet the eligibility criteria.
Can I Bring Children To The UK?
Yes, you can bring children with you to the UK as dependents on a Tier 2 Dependant Visa. Children, in this instance, are defined as those under 18 years of age, but there are exceptions for adult children who still depend upon their parents.
If you are looking for your children to gain British citizenship, this is also possible. If either of the parents has Indefinite Leave to Remain before the child is born, then the child will automatically be classified as a British citizen. If not, you will need to wait until one of the parents have gained Indefinite Leave to Remain. You will then be able to register your children as British citizens. This is the same whether the children are born abroad or in the UK.
Indefinite Leave To Remain On The Tier 2 Dependant Visa
Tier 2 Dependant Visa holders will be eligible to apply for Indefinite Leave to Remain after being in the UK for 5 years. In order to apply, they will need to meet the eligibility criteria laid out below:
- Prove that you have lived legally in the UK during your time here
- Be able to prove that you have not left the UK for more than 180 days in any 12 months of the 5 years
- Prove you have passed a Life in the UK Test
- Be able to prove that you meet the CEFR Level B1 in English language (depending on your country of origin and educational background)
- Ensuring that you are in good standing - i.e. you have no criminal convictions etc.
As long as you meet these eligibility criteria, you will be able to make an application to settle in the UK. Once approved, you will no longer be under immigration control in the UK and can even apply to become a British citizen after 12 months.
Getting More Help
If you need help with any of the UK visa routes, then please get in touch. Our expert team of immigration solicitors can help you to make applications, represent you at hearings and assist in almost any part of the process. So, for more help or information, please call today, and we'll be more than happy to help.
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