Applying as the dependant of a work permit holder [Archived]
Applying as the dependant of a work permit holder [Archived]

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Applying as the dependant of a work permit holder [Archived]
  • Partners—initial applications
  • Partners—indefinite leave to remain
  • Children—leave to enter or remain
  • Children—indefinite leave to remain
  • Concession for dependent parents and over-age children of Intra-Company Transferees
  • General grounds for refusal
  • Entry clearance—procedure and grant
  • Limited leave to remain applications—procedure
  • Indefinite leave to remain—procedure
  • More...

THIS PRACTICE NOTE COVERS THE LAW WHICH APPLIED AS AT 18 DECEMBER 2014. THE WORK PERMIT SCHEME WAS REPLACED BY TIER 2  OF THE POINTS-BASED SYSTEM FROM 27 NOVEMBER 2008 AND IT IS UNLIKELY THAT THERE ARE NOW ANY PERSONS IN THE UK WHO HAVE EXTANT LEAVE AS A WORK PERMIT HOLDER.

The work permit scheme closed in November 2008, when it was replaced by Tier 2 of the Points-Based System (PBS). Work permit holders who have required to extend their stay since then have had to apply under the relevant transitional arrangements in Tier 2. As such, applications by dependants of work permit holders will generally only be relevant in the following situations:

  1. entry clearance applications by:

    1. spouses or civil partners

    2. same-sex or unmarried partners who have lived in the UK with a work permit holder for the last 2 years, and

    3. children

  2. leave to remain applications by:

    1. newborn children in the UK

    2. partners or (from 1 October 2013) children aged 18 or over who are unable to apply for indefinite leave to remain (ILR) at the same time as the work permit holder because they do not meet all the relevant requirements, and

  3. ILR applications linked to the work permit holder's application

Family members of multiple entry work permit holders are not able to obtain leave to enter or remain as their dependants. This

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