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which visa category???

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yoursbyheart
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Joined: Wed Mar 25, 2015 8:40 pm
United Kingdom

which visa category???

Post by yoursbyheart » Wed Mar 25, 2015 9:01 pm

Dear All

i am quite confused with my current status, any help will be highly appreciated.
i was on PSW visa and was 3 months short on my 10 years when the PSW was expiring, i applied to home office and asked for some time(extension) which after a long time and visa refusal was granted by the court. now i have a visa until 2016 and says "Limited leave to remain" but does not say any details.
I recently went back home and got married there and want to apply for my wife's dependent visa before i go ahead and apply for my ILR(i have been in this country for 11+ years now). Can someone advise which visa category do i fall under(as it should be mentioned on the visa application form for my wife) and if i should apply for my wife's dependent visa rather then my indefinite(which can take months) and then spouse visa for her.
Once again any expert advise will be highly appreciated.
Thank you all in advance.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: which visa category???

Post by Greenie » Fri Mar 27, 2015 9:24 pm

If your appeal was granted on article 8 grounds then you would've been granted discretionary leave outside the rules. You can't bring your wife until you have ilr.

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yoursbyheart
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Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm
United Kingdom

Re: which visa category???

Post by yoursbyheart » Sat Mar 28, 2015 8:57 am

Thanks greenie, is there anyway i can check if my appeal was granted on article 8 ground. the letter i received with the visa says that consideration was given to the case under paragraph 276A4 with reference to 276A1. But i do remember that when i went to court the lawyer from home office side did mention article 8.
please advice and thanks again for your help.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: which visa category???

Post by Greenie » Sat Mar 28, 2015 8:41 pm

Whether or not you have discretionary leave or leave on long residence grounds (which is what 276A covers) your wife won't qualify for a visa as your spouse until you have ilr.

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yoursbyheart
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Joined: Wed Mar 25, 2015 8:40 pm
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Re: which visa category???

Post by yoursbyheart » Sun Mar 29, 2015 12:29 am

Hi greenie, thanks so much again. Your replies and help are much appreciated.
So it means i cannot apply for her tier 1 dependent as well, as i think if i am not wrong that my current visa has the same. rules applied as my previous visa which is tier 1(psw). But it doesn't allow me to apply for wife's dependent (as tier 1 dependent)? Sorry about too many silly questions but i just want to be absolutely sure about this.
thanks

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: which visa category???

Post by Greenie » Sun Mar 29, 2015 9:25 am

You don't have tier 1 psw leave so your wife can't apply as a tier 1 dependent.

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yoursbyheart
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Re: which visa category???

Post by yoursbyheart » Sun Mar 29, 2015 9:47 am

Thanks again, much appreciated

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