March 11th Changes for Skilled Worker Dependents
The UK Skilled Worker Visa has been a key immigration route into the UK as per the country’s immigration policy. It enables skilled overseas workers to contribute to the British economy and society by legally working in the United Kingdom. As of March 11th 2024, the new rules are set to redefine the regulations for dependants of these skilled workers, altering their potential legal routes to residency in the UK. In this article, we aim to break down the critical aspects of these regulation changes, offering a clearer insight into and guidance to those affected.
Key Takeaways
Aspect
Details
Implementation Date After March 11th, 2024, the new rules apply. Affected Parties Dependents of Skilled Worker Visa holders. Key Change Adjustments in visa switching possibilities for dependants. Action Required Review eligibility and prepare documentation in line with new guidelines.
How Long Does It Take to Get a Decision on a Visa Application for Dependants?
When applying for a dependant visa, the typical processing time is roughly three weeks from the date of application. This timeframe allows for identity verification and document review.
Possibility for Faster Processing
- Priority Services: Some applicants have the option to expedite their application for a quicker decision, but this is subject to availability and is confirmed during the application process.
- Additional Fees: Should faster processing be available, it typically involves an extra fee.
By following these steps and being aware of your options, you can better manage the wait time for a dependant visa decision.
What Is The Skilled Worker Visa?
The UK Skilled Worker Visa represents a pivotal pathway for international talents aiming to engage in long-term employment within the United Kingdom. This visa category is designed for individuals who have been offered a job in the UK by an approved employer, ensuring that the country continues to attract and retain essential skilled labour from across the globe.
Eligibility for the Skilled Worker Visa is reliant on several key factors, including having a job offer from a UK based company with a valid certificate of Sponsorship, meeting the English language requirement, and being paid an appropriate salary, which is currently £26,200, but is set to increase to £38,700 on April 4th 2024 (for all skilled workers except health and care workers). Applicants must also provide evidence of their qualifications and professional experience relevant to the job role they have been offered.
For a more detailed guide on eligibility, application process, and the requirements for the UK Skilled Worker Visa, Contact our Immigration lawyers Today, we can provide expert legal advice for you Skilled Worker Case.
To ensure your partner and children can join you or remain with you in the UK while you’re a care worker or senior care worker, certain conditions must be met if you’re on a Skilled Worker visa.
Eligibility Criteria for Dependants
- Visa Timeline Requirement
- You must have initially obtained your Skilled Worker visa before 11 March 2024.
- Visa Status Options
- You need to be actively holding a Skilled Worker visa at the moment.
- If you are looking to extend your Skilled Worker visa, it has to be with your current employer.
- Alternatively, you can switch to a new job, but it must fall under the same occupation code while still on a Skilled Worker visa.
Switching Visas
If you’re transitioning from a different visa to a Skilled Worker visa, your partner and children will not be eligible to apply as your dependants. The eligibility criteria specific to care workers or senior care workers outlined above must be met to maintain the status of your dependents.
In summary, maintaining your Skilled Worker visa status and having it required initially by the specified date is crucial for keeping your dependents eligible for their stay or joining in the UK.
What is a Dependant partner or child under the skilled worker visa?
Under the Skilled Worker visa, identifying who qualifies as a dependant partner or child is crucial for your application. Here’s a breakdown:
Who Qualifies as a Dependant Partner?
- Spouse or Civil Partner: This includes your legally married husband or wife, or someone in a legally recognised civil partnership with you.
- Unmarried Partner: If you’re in a relationship akin to marriage or a civil partnership but are not legally bound, your partner can also be considered a dependant.
Who is Classified as a Dependant Child?
- Children Under 18: Any child who is under the age of 18, which includes those born in the UK while you are on this visa.
- Children Over 18: If they initially joined you as a dependant while under 18, they can continue as dependants provided they have current permission to stay in the UK under your visa.
Being aware of these categories ensures that your loved ones can join or remain with you during your stay in the UK under the Skilled Worker visa.
Changes To The Skilled Worker Visa After March 11th 2024
With the amendments to the regulations surrounding the health & care skilled worker, which where implemented on March 11th 2024, dependants of skilled workers on the health and care worker visa have been banned from switching their visa status while residing in the UK, if they don’t have an application pending.
Previously, dependants were allowed various route switches in visa categories under certain conditions. However, the new rules aim to restrict these options
Impacts to the dependants:
- Banned from switching: As of March 11th 2024, dependants of health and care skilled workers are no longer allowed to switch into a different visa route.
- Cut Off Date: Only dependants who submitted an application before March 11th, and subsequently have a pending application, will still be subject to the old immigration rules which allow for the switching of visa categories.
It’s crucial for dependants of Skilled Worker Visa holders to familiarise themselves with these changes to effectively plan their potential stay within the UK.
How Do The New Rules Impact Dependants Of Skilled Workers?
The adjustments in rules post-March 11th, 2024, bring forth significant implications for dependants of Skilled Worker Visa holders. Primarily, these changes are set to influence the ability of dependants to switch their visa status within the UK, a flexibility that has been somewhat taken for granted until now.
- Visa Switching Limitations: The new rules may limit the categories into which dependants can switch, potentially requiring them to leave the UK to apply for a different visa category.
- Stricter Criteria: Dependents might face stricter eligibility criteria, including but not limited to, financial requirements, relationship proofs, and the main applicant’s status and visa duration.
- Timeline for Applications: The timing for when dependants can apply for a switch may also be affected, with possibly narrower windows of opportunity to make such changes.
Understanding these impacts is crucial for families and individuals planning their futures in the UK, ensuring they remain compliant with the immigration rules and continue to contribute to their communities and workplaces without interruption.
How to Apply for a Dependant Visa for a Child Born in the UK
When your child is born in the UK, they do not automatically obtain British citizenship. To ensure they have the right to enter and exit the UK, you need to secure a dependant visa for them. Here’s how to navigate the process:
Step 1: Determine Your Child’s Location
The application process is slightly different depending on whether your child is currently in the UK or outside:
- Inside the UK: Use the designated online application portal to proceed with your child’s dependant visa application.
- Outside the UK: Access the appropriate online form tailored for applicants currently residing outside the UK.
Step 2: Gather Required Documents
You’ll need to provide certain documents to support your application. The most critical requirement is a full UK birth certificate for your child, which must display the names of both parents.
Step 3: Complete the Application Before Their 18th Birthday
It’s vital to ensure that the dependant visa application is submitted before your child reaches 18 years old, especially if they plan to stay in the UK long-term. This timing is crucial to facilitate a smooth transition and avoid any legal complications.
By following these steps, you can effectively apply for a dependant visa and secure your child’s status while living in or traveling through the UK.
How to Connect Your Family’s Visa Applications
To streamline the visa application process for family members, you can use a unique ‘linking code.’ This code allows you to group all applications together, ensuring they are processed as a family unit.
Steps to Connect Your Family’s Applications:
- Obtain a Linking Code: Start by getting a specific code designed for family applications. This code acts like a key for your family’s visa process.
- Share with Family Members: Once you have the code, share it with all family members who need to apply. Each member must use this code when completing their application.
- Enter the Code During Application: As your family members fill out their visa applications, ensure they input the linking code in the designated section. This connects their application to the rest of the family’s.
By following these steps, your family’s visa applications will be linked, potentially making the process smoother and more efficient.
Primus’ FAQs On The New Skilled Worker Dependant Rules
Q: Can dependants of Skilled Worker Visa holders still switch their visa after March 11th, 2024?
A: Yes, but the options and criteria for switching will be subject to the new rules introduced after March 11th, 2024.
Q: What are the major changes in the rules for dependants?
A: Major changes include stricter eligibility criteria, limitations on visa switching categories, and possibly different documentation requirements.
Q: Where can dependants find the most current information and guidance?
A: Dependents should consult the official UK government immigration website or seek advice from professional immigration advisors for the most accurate and current information.
Conclusion
The intricacies that come with the newly introduced changes effective as of March 11th 2024 mean that preparation and understanding are key for dependants of Skilled Worker Visa holders. Adapting to these new rules will require careful planning, consultation with immigration experts, and a proactive approach to compliance.
We encourage all affected individuals and families to stay informed, review their situations in light of the upcoming changes, and seek professional guidance where necessary. For further guidance and legal assistance, contact our Immigration Solicitors Today!
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