There is much information and thus mis-information out there regarding Dependent Visas and many talented individuals struggle working in the UK when on a dependent visa. Whether the main applicant is on a Tier 2 ICT (seconded from abroad) or a Tier 2 General, the dependent is able to work contract or full-time with few restriction as will be discussed.
Maintenance Requirements
UKVI requires family members of sponsored individuals to be able to support themselves for the entire duration of their stay in the UK without needing help from public funds. To prove this, when the dependent application is made, a certain level of funds must be held by either the main applicant or the dependent themselves to demonstrate that this requirement has been met. Please see the UKVI maintenance criteria for further guidance.
However, most sponsors, individual companies at their own discretion, are able to ‘certify’ the maintenance of sponsored individuals and their families. This applies to both Tier 2 and Tier 5. What this means is that the employer provides a guarantee that the individual and their dependents will have enough money to support themselves for the first month of employment and that the department will assist them in the event that this is not the case. If the employer agree to this undertaking, then the employee's dependents will not be required to submit any evidence of funds as part of the visa application. In these circumstances, the employer must provide the applicant with a dependant maintenance letter which must be submitted with their dependent visa application.
Note: the family members of individuals holding a Tier 1 (Exceptional Talent) visa are not obliged to meet the maintenance requirements.
English Language Requirements
There are currently no English language requirements for dependents of individuals holding a points-based visa.
Conditions of Leave
Dependent visas, once issued, are valid for the same length of time as the main applicant’s visa, and allow multiple entry into and exit from the UK. Dependent visa holders will have the following conditions attached to their leave:
The right to work in the UK in any job, at any skill level, except as a Doctor or Dentist in training; and
No recourse to public funds; and
Registration with the police (only required if you are a national of these countries).
The only possible exception relates to Tier 4 dependent visas. If the main applicant’s Tier 4 visa is valid for less than 12 months, they will not be permitted to work whilst in the UK, unless the main applicant is a government sponsored student. Please refer to the Compliance Team for further guidance.
Please note that the ability to live and work in the UK on a dependent visa is tied to the validity of the main applicant’s visa. Once their visa expires, the dependent’s visa also expires. Any department employing an individual who holds a dependent visa will be contacted by the Compliance Team three months before the visa expires, in line with the procedure documented on the visa expiry pages.
In summary, plenty of highly skilled candidates do miss out on skilled roles in the UK who are on dependent visas. Should you be skilled in IT and have decent experience do get in touch! Do contact consult@mavisas.co.uk and we can discuss your situation.
Thanks for reading
Mason Alexander