Dependent Visa Policy
The client, residing in England, previously held a SOC 1645 Care Worker and Home Carer visa since early 2023. They are now transitioning to a new company under SOC 1635, which is still within the same visa category, but reportedly does not permit dependents. The client inquired about the possibility of bringing their dependent from overseas, as they were previously on a Skilled Worker visa before this policy alteration. According to government resources, earlier visa entries might still allow dependents. The client seeks clarification on their current eligibility to bring their dependent under the new SOC code.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I switch from SOC code 1645 to 1635 without affecting my existing visa status and rights?
Switching from SOC code 1645 to 1635 should not inherently impact your existing visa status as long as the new role and code still qualify under the Skilled Worker visa category. It's essential to ensure that the new role meets the necessary skill level and salary requirements. Also, since you are transitioning from an existing SOC code that allowed dependents, transitional provisions or exceptions may apply. Verify that your new Certificate of Sponsorship (CoS) accurately reflects these details and consult official guidance to confirm compliance under the new code.
What specific documentation will I need to provide to immigration authorities to ensure my dependent can join me under the new visa conditions?
To have your dependent join you under the new visa conditions, you will need to present specific documentation to the immigration authorities. This includes your Certificate of Sponsorship (CoS) for SOC code 1635, proof of your prior employment under SOC code 1645, your current visa documentation, along with evidence of your relationship, such as a marriage or partnership certificate. Additionally, financial proof demonstrating that you can support your dependent without recourse to public funds is crucial. Familiarizing yourself with relevant guidance on transitional provisions may also be beneficial.
Are there any transitional provisions or exceptions for those who held a SOC 1645 visa before the policy changes allowing dependents?
Yes, there are transitional provisions for holders of a SOC 1645 visa prior to policy changes, which may permit dependents to join them. If the visa policy changed after you obtained your SOC 1645 visa, you could still potentially bring your dependents in line with the original visa conditions. It's important to check specific guidance from immigration authorities on transitional arrangements and consider seeking advice to navigate this transition effectively.
If my dependent is not currently eligible under the new SOC code, are there alternative visa routes they might qualify for?
If your dependent doesn't qualify under the new SOC code 1635, you might explore alternative visa options such as the Family Visa if you meet specific criteria. This visa enables partners, children, and other family members to join you based on your circumstances. Additionally, if your dependent meets the eligibility for a Skilled Worker Visa independently, they could apply for that. Other temporary alternatives might include checking eligibility for a Visitor Visa for short stays.
How might the visa transition affect my long-term residency or settlement options?
Transitioning from SOC code 1645 to 1635 could affect your long-term residency or settlement options. The main concern revolves around whether the new role qualifies for indefinite leave to remain (ILR) or settlement after the requisite period. Ensuring that the SOC 1635 role appears on the list of eligible occupations for settlement is crucial, as well as confirming compliance with the salary and roles for settlement applications.
