PBS Dependant Application (out of country)

[jedi900]

Hi Everyone

Can you help me:

I am on a tier 2 visa for 3 years. i am and Australian Citizen with more than sufficient funds.

My wife (we recently married in Sydney) is currently on a tier 4 student visa which expires on August 17th.
My Wife is a Vietnamese Citizen. She also has sufficient funds in the UK bank account.

We traveled to Sydney about 1 month ago because my father was about to pass away. She got a 1 year multiple entry tourist visa to enter Australia for 3 months stay at any one time (she she can enter at many time as she wants but can stay for max 3 months). Currently she has 2 months left on that. However she can always reenter for another 3 months.

My dad has now passed away and we are planning to return back to the UK on 1st August.

My questions are:

Can she convert her tier 4 to a PBS dependant visa from Australia via the online system visa4uk website.
or, does she have to go back to her home country?

She has a return ticket to UK on 1st August can she return to UK and apply from there (In country application)?
do you think they will refuse entry at the airport because there will only be 17 days left on her visa?

Should she buy a ticket out of the UK for 16th before she enters the UK to mitigate the above risk?

Thanks guys

[CR001]

She has to apply in a country where she has legal residence (i.e. not as a visitor).

She can return to the UK and apply within the UK if she returns to the UK and has a valid visa.

[vinny]

Is she still a student?

[jedi900]

well her results for the final two exams come out July 18th after which her course technically ends... but her visa is valid until august 17th....

OK so if she has to go back to vietnam my next question is:

do i submit dependent visa application on her behalf or does she submit it?

If i submit the application how do i submit her original passport if she will be in vietnam?

If she submits it then how dos she get my passport?

I wonder if certified copied of the passport is sufficient for me?

Thanks guys for your input really appreciate it.

[CR001]

She has to submit her application.

Certified copies of your passport and visa is fine.

Originals of bank statements for maintenance.

[jedi900]

would it be ok to submit my Australian bank statements instead of UK (as my uk bank statements are back in london)? that way i can give them to her instead of posting them back.

and can she also submit her australian bank details? it only has $2500AUD but i have more than sufficient funds >200kAUD to cover her.

[jedi900]

Hey guys wanted to get some help on following:

1) Is a TB test required if: dependent is originally form Vietnam but was living in Australia until August 2015 then living in uk from august to February 2016 then visiting Vietnam in march 2016 but back in uk in april 2016 until present. If they decide to go back to Vietnam in August for few weeks to apply for tier 2 dependent visa.

2) In the application form:
a. They ask for the main application COS I noticed it has a use by date of 23/06/2016. Can I still enter this COS in the dependent application form? (do i need to enter a COS?)
b. They ask if we are living together. My wife was in the UK on a tier 5 visa living with me until 20th June however as she is applying from Vietnam as a Vietnamese resident do we say no? or do we say yes. Since her permanent residence would be Vietnam. We only got married on 26 June 2016.

3) As far as maintenance goes is it OK to show my Australian bank statements with the necessary funds even though i also have UK bank account and live in the UK?

[vinny]

M.

[vinny]

1. TB test may be required, if applying from Vietnam and period of visa, that should be in-line with yours, is greater than six months.

However,

Who doesn’t need to be tested
You won’t need a TB test if any of the following apply:

you’re a diplomat accredited to the UK
you’re a returning UK resident and haven’t been away for more than 2 years
you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

[jedi900]

thanks for merging the posts

so this is the conundrum. She went to Vietnam for 1 month in February for holiday and she will go back to vietnam to submit her tier 2 dependent application. would this count as a break in the 6 month rule?

[vinny]

I was thinking that "a country where TB screening is not required by the UK" may include the UK?

Has she lived in the UK for at least six months and has she been away from the UK for less than six months?

[vinny]

Do check with the British Embassy for their interpretation.

[jedi900]

Thanks Vinny. Yea she has been in uk for 6 months. however there was a two month absence where she was in australia and 1 month in vietnam for vacation.

Ill call the embassy on monday.

another question:

On the form:
a. It asks for the main application COS. I noticed in my original COS which i applied for it has a use by date of 23/06/2016. Can I still enter this COS in the dependent application form? i'm already on a tier 2 visa so a COS seems not necessary.
b. They also ask the main application employment start and end dates. I noticed in the COS section my start and end date is May 2016 and May 2019 respectively. However in the Work start and end date on another page it says 1 April 2016 to 31 March 2019. What is the correct date to use (COS or work dates)?
c. They ask if we are living together. My wife was in the UK with me until 20th June and currently in Australia until 1 August we are living together however as she is applying from Vietnam do we say no? or do we say yes. Her permanent residence would be Vietnam technically.

[jedi900]

so i asked the ukvi via the email.

they said they cant answer such questions.

anyone know any info about the question above? or is there someone that can help?

[jedi900]

hey guys no answer to my questions above? might have to just go with something i guess.

got another question

1. Can i confirm is it ok to submit the application from a different country but do the biometric in the country of residence?

2. Is the bank statement 28 days rule (i.e. cannot be more than 28 days old) and cover a 90 day period. is it at the date of submitting the form or the date you submit the document at the bio metric interview?

[jedi900]

hi, could anyone assist by any chance?

[jedi900]

I hope someone can assist me with this.