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Discussion Starter · #1 ·
My wife is currently in uk on tier 5 visa and she is working as doctor in NHS.
We have two kids and I along with my kids have applied for UK visa as tier 5 dependant.

I am well settled in Pakistan and I am working for a multinational company hence a settled professional carried ahead.

Now here is the problem ...

- in case we (my two daughters and I) get the visa I'll be visiting my wife to drop my daughters as they shall be joining their mother and they'll stay there where as I plan to come back to continue my job at home. However I'll be visiting them regularly during their stay probably quarterly ...

- do I need to stay in UK for the full length of main sponsor stay as trier 5 dependant ?
- if yes how do UKBA ensures this ?
- isn't this normal that I need to continue my professional career instead of staying in UK, then why such an absurd rule ?
 

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Question I want to pose is, if that's your intention, why are you applying for Tier 5 dependant visa? You could have just applied for your children, and you could have just got a visit visa to drop them off in UK.
 

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Discussion Starter · #3 ·
Well again one of the rule states that dependant children can either apply with the main applicant or if the main applicant is already in UK then they have to apply with other parent. ( there are a few exceptions like if the other parent is either dead or divorced bla bla bla but neither of those is applicable)

So the only option for me to get my kids a tier 5 dependant visa is to apply with them.
 

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Which Tier 5 category is your wife under?
And where does it say children must apply with their other parent?
I ask because normally they can apply on their own, and if they are too young to travel by themselves, they can be chaperoned by another relative, such as the other parent, grandparent etc, who only needs a visit visa if they are visa national, or their UK-based parent can come and fetch them.
 

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Discussion Starter · #5 ·
She is under Govt Exchange Scheme I suppose ... I don't have the exact clause reference with me now but will definitely share with you.

But what about forcing the dependant spouse to stay ... Is it true ? If it is is this normal? And how is this monitored ?
 

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I have quickly read the sections on Tier 5 temporary worker - government authorised exchange, and as I thought, there is no stipulation that you as the other parent has to apply together with your children, nor does it say anywhere about your having to stay in UK, which would be very odd.
Did you look it up yourself, or did someone tell you?
 

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Discussion Starter · #7 ·
319f ( the children )

(f) Both of the applicant's parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant or one parent must be lawfully present in the UK and the other is being granted entry clearance or leave to remain at the same time as the applicant, unless:

(i) The Relevant Points Based System Migrant is the applicant's sole surviving parent, or

(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care.
 

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Discussion Starter · #8 ·
319 (c) compulsion for living in UK

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.
 

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I got it now. Usually it's the father who is living and working in UK as PBS migrant, and the mother and children stay in their home country. So it makes sense that the mother comes with the children to continue looking after them. I don't know what arrangements are being made about childcare - are you looking after them yourself or other relatives now, and is your wife going to care for them on her own, and how old are your children? If suitable arrangement is being made in UK, and there are good reasons why the other parent doesn't come to live in UK (such as having a job in Pakistan), then I fail to see why you had to apply together, and are made to stay in UK, presumably as house-husband.
Of course I don't know anything about your domestic arrangement, but I'd have thought a covering letter explaining it all would have sufficed.
Did you apply through an advisor, or did you do it yourself?
 

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Discussion Starter · #10 ·
Yea you have got it right ... Normally it's the husband who is the main bread earner in the family and once he departs the dependant wife automatically comes and joins her....now that's the 90 percent of the case ...rest 9.99 are those in which wife parts as main applicant and since husband has dream to come to uk he leaves his career and follows his wife hence no issues with UKBA rules...and I think I fall in 0.01 percent where we have our separate professional careers and cannot be compromised just for a UK visa....

However on a second thought, these rules are made for the whole world and not only for Asian and I suppose , wouldn't it be quite common in US or Europe to have both husband and wife with professional careers ....

Coming back to your question ... My wife will have to takecare of kids in UK of course with some domestic help from childminders or nannies and for child care she has got the admission for girls in school and nursery ( documents / correspondence correspondence Attached with visa application)

I applied by myself without advisor ... The reason why I applied along was that otherwise I would have to prove a "compelling reason" and I think this is quite subjective as requirement and you would never know if your reason is compelling enough for the visa officer ?

So how could this be monitored ? Or should I renounce my visa (if at all I get it) once I have left the kids with my wife in UK?
 

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Compelling reason for you is that your wife is making childcare arrangement in UK and you have a career in Pakistan. I presume UKBA would have understood this and would have processed visa for your children only.

As for what you can do, since you have already applied, wait for the outcome, and if all three visas are issued, you take them to UK and come home. That's it. The stipulation about living together with your wife is mainly to stop people using the dependant route simply for a career reason, as you will be able to work.
 
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