Skilled Worker and Student Dependent Updated Policy Guidance August 2020

The Home Office has recently updated its policy guidance for Skilled Worker and Student (SWS) Dependent visa applications. The dependent family members of skilled workers under the Immigration Rules Appendix W (i.e. Start-up, Innovator and Global Talent migrants) and Points Based System migrants (i.e. Tier 2 workers, Tier 1 Investors and Tier 5 temporary workers), as well as Tier 4 students, can also get a UK visa to be present with the main Applicant in the UK. It is important that dependents are aware of the requirements for their application and the documents needed in support, as well as the conditions of their visa once it has been granted. To fully understand the UK’s immigration rules and lengthy policy guidance, our business Immigration Solicitors in London should be instructed to assess the case from the outset and advise on the merits and prospects of success before the application is submitted.

What are the latest policy updates for skilled worker and student dependent visa applications?

The main change to the Skilled Worker and Student policy guidance is to reflect the new Health and Care visa under Tier 2 of the Points Based System which has been introduced from 4 August 2020. A benefit of this new visa is that Applicants and their dependents will be exempt from paying the Immigration Health Surcharge and reduced Home Office application fees. This is because the UK Government recognises the importance of the hard and valuable work of migrant doctors, nurses and health care professionals during the Covid-19 pandemic. Dependants of a Health and Care Visa Applicant will have their application considered and assessed in the same manner as a Tier 2 (General) applications, and therefore all the eligibility and suitability requirements must be met.

What is a skilled worker and student dependent?

For the purpose of UK visa applications, a dependent of a skilled worker or student includes:

  • Spouses and civil partners;
  • Unmarried and same-sex partners; and
  • Children who are under 18 years of age at the submission of the initial application.

The above-family members can apply with or to join the main Appendix W Worker or Points Based System applicant in the UK. Children over the age of 18 who are living independent lives and adult dependant relatives such as parents and grandparents are not eligible to apply for this dependent visa.

Dependents can stay in the UK as long as the main Applicant family member is entitled to do so, and if they subsequently apply for Indefinite Leave to Remain and then British citizenship, dependents are also eligible to apply as well.

Can a spouse work in UK on dependent visa?

Yes, a spouse who is in the UK as an Appendix W Worker or Points Based System dependent are entitled to take up employment, however there may be restrictions as to the type of employment they can undertake. The full list of visa conditions will be given in the Home Office decision letter and on the dependents biometric residence permit (BRP). For assistance in understanding the applicable visa conditions assigned to your grant of leave to remain in the UK, please get in touch with our immigration team to arrange a consultation with our immigration solicitors.

Do skilled worker and student dependents need to pay the Immigration Health Surcharge?

For the most part, Appendix W Workers and Points Based System dependents will be liable to pay the Immigration Health Surcharge as part of their dependent visa application; with the exception of health and care worker dependents mentioned above. Other Tier 2 dependents will have to pay the Immigration Health Surcharge however. This is because paying the Immigration Health Surcharge will give dependents access to NHS services in the same way as the main Applicant.

Using our Immigration Solicitors London to apply as a Skilled Worker and Student Dependent

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Appendix W Worker or Points Based System Dependent Visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Skilled Worker and Student Dependent Visa Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful Appendix W Worker and Points Based System applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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