Dependent Visa for wife of a Permanent Resident in UK

[Debdarsan]

Hi,

I have got ILR in Sept. last year and got married in UK in Feb. this year. My wife is here in UK now with a family visa. She has to go back to India, to fulfill the restriction of not staying in UK more than six months at a stretch. Please guide me:

1. Can she apply for a dependent visa or ILR from UK, while she is here? If yes, what is the procedure?
2. If she has to apply for dependent visa from India, how can she apply? Can she apply for ILR directly?

Regards,
Deb

[Casa]

A family visa? Do you mean your wife is here as a visitor or did she enter on a fiance visa

ILR is only granted after 5 years residence in the UK on a Spouse Settlement visa (2.5 + 2.5 years).

[Debdarsan]

Many thanks for your response.

A family visa? Do you mean your wife is here as a visitor or did she enter on a fiance visa

ILR is only granted after 5 years residence in the UK on a Spouse Settlement visa (2.5 + 2.5 years).

She entered on a family/visitor's visa. She is here as a visitor, not on fiance visa. She has to leave UK in another two months. What are the steps for making her my dependent? Can she apply from here (UK), as she is in UK now?

[Wanderer]

Many thanks for your response.

A family visa? Do you mean your wife is here as a visitor or did she enter on a fiance visa

ILR is only granted after 5 years residence in the UK on a Spouse Settlement visa (2.5 + 2.5 years).

She entered on a family/visitor's visa. She is here as a visitor, not on fiance visa. She has to leave UK in another two months. What are the steps for making her my dependent? Can she apply from here (UK), as she is in UK now?

Cannot apply in-country from visit visitor, there has been a non-switching rule since 2008 I think.

Will have to apply for FLR from India and you will need to fulfil the financial criteria as per the UKVI website.

Also never a good idea to stay the full six months, that's the visa validity, a visit is a few weeks, should be ok as you will be applying for LTR but expect questions...

[Casa]

No she can't apply for a Spouse Settlement visa from within the UK. If this was your intention you should have applied for a fiance visa before she arrived and she would have then been able to submit a FLR(M) application without having to return to her home country.

I'm not sure how you managed to marry while she was here as a visitor.

Are you earning £18.600 p.a or have savings over £16,000 to make up any shortfall?

Your wife will also have to pass the A2 level English test before you submit her settlement visa application, unless she holds a degree taught in English and has the NARIC ELA confirmation.

What length of stay did she request in her visitor visa application? Did she declare your relationship?

Edit: @Wanderer. FLR(M) can only be applied for from within the UK...which the OP's wife doesn't qualify for.

[Wanderer]

No she can't apply for a Spouse Settlement visa from within the UK. If this was your intention you should have applied for a fiance visa before she arrived and she would have then been able to submit a FLR(M) application without having to return to her home country.

I'm not sure how you managed to marry while she was here as a visitor.

Are you earning £18.600 p.a or have savings over £16,000 to make up any shortfall?

Your wife will also have to pass the A2 level English test before you submit her settlement visa application, unless she holds a degree taught in English and has the NARIC ELA confirmation.

What length of stay did she request in her visitor visa application? Did she declare your relationship?

Edit: @Wanderer. FLR(M) can only be applied for from within the UK...which the OP's wife doesn't qualify for.

Pedant!

Form VAF4(A) then!

[Casa]

No she can't apply for a Spouse Settlement visa from within the UK. If this was your intention you should have applied for a fiance visa before she arrived and she would have then been able to submit a FLR(M) application without having to return to her home country.

I'm not sure how you managed to marry while she was here as a visitor.

Are you earning £18.600 p.a or have savings over £16,000 to make up any shortfall?

Your wife will also have to pass the A2 level English test before you submit her settlement visa application, unless she holds a degree taught in English and has the NARIC ELA confirmation.

What length of stay did she request in her visitor visa application? Did she declare your relationship?

Edit: @Wanderer. FLR(M) can only be applied for from within the UK...which the OP's wife doesn't qualify for.

Pedant!

Form VAF4(A) then!

Spot on!

[Debdarsan]

No she can't apply for a Spouse Settlement visa from within the UK. If this was your intention you should have applied for a fiance visa before she arrived and she would have then been able to submit a FLR(M) application without having to return to her home country.

I'm not sure how you managed to marry while she was here as a visitor.

Are you earning £18.600 p.a or have savings over £16,000 to make up any shortfall?

Your wife will also have to pass the A2 level English test before you submit her settlement visa application, unless she holds a degree taught in English and has the NARIC ELA confirmation.

What length of stay did she request in her visitor visa application? Did she declare your relationship?

Edit: @Wanderer. FLR(M) can only be applied for from within the UK...which the OP's wife doesn't qualify for.

Here are my answers:
1. When I got married in UK, the council did not object on her having a family visit visa, which is valid up to 2023.
2. I am earning more than £18.600 p.a.
3. Her daughters from the previous marriage are British citizens, and she obtained the current 10-year familiy visit visa based on that in 2013. I did not meet her at that time, so, no question of mentioning our relationship.

[Casa]

So assuming you meet all the requirements, your wife should submit an application for a Spouse Settlement visa when she returns to her home country. which if granted will be for an initial 2.5 year period. She will then need to apply for a further 2.5 year extension before qualifying for ILR at the end of the 5 year period.

Here's the link:
https://www.gov.uk/join-family-in-uk/overview

In addition to the £1,195 visa fee she will also have to pay the £600 NHS surcharge. Be prepared for visa fees to be increased this year.

Also be prepared for the application to be closely scrutinised as the HO are unlikely to be happy that she married while on a visitor visa.

From the Immigration Rules:
Marriage or civil partnership
V 4.10 The applicant must not intend to marry or form a civil partnership, or to give notice of this, in the UK, except where they have a visit visa endorsed for marriage or civil partnership.
https://www.gov.uk/guidance/immigration ... itor-rules

[Debdarsan]

I think I should explain a bit further. I'm an Indian citizen, entered UK on Tier 2, ICT, in 27th March, 2010. I have got ILR after completing 5 years of continuous stay in UK in September, 2016. I got married on 27th Feb 2017. My wife entered UK on 5th Dec. 2016 on family visit visa, valid up to 2023. My income is about 48000 GBP p.a.

When I am trying to apply using
https://www.gov.uk/join-family-in-uk/overview

I am finding the following text:

Exceptions
You may need to apply in a different way if:

your partner is from the EEA
you’re inside the UK
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK

So, I have clicked the link "apply in a different way" to find:

If you’re already in the UK
You can’t apply for a ‘family of a settled person’ visa - you must apply to remain in the UK with family instead.

clicking on "remain in the UK with family" and clicking "Next" is giving me:

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa
Tier 1 (Exceptional Talent) visa
Tier 1 (Investor) visa
Tier 1 (Entrepreneur) visa
Tier 1 (Graduate Entrepreneur) visa
Tier 2 (General) skilled worker visa
Tier 2 (Minister of Religion) visa
Tier 2 (Sportsperson) visa
Tier 2 (Intra-company Transfer) visa
Tier 5 (Temporary Worker – International Agreement) visa

Since I was on Tier 2 ICT visa, I clicked on the link above and I could successfully complete the application! Hence my confusion about whether or not my wife can apply while staying in UK!

I am really confused! Please help....

[Casa]

I think I should explain a bit further. I'm an Indian citizen, entered UK on Tier 2, ICT, in 27th March, 2010. I have got ILR after completing 5 years of continuous stay in UK in September, 2016. I got married on 27th Feb 2017. My wife entered UK on 5th Dec. 2016 on family visit visa, valid up to 2023. My income is about 48000 GBP p.a.

When I am trying to apply using
https://www.gov.uk/join-family-in-uk/overview

I am finding the following text:

Exceptions
You may need to apply in a different way if:

your partner is from the EEA
you’re inside the UK
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK

So, I have clicked the link "apply in a different way" to find:

If you’re already in the UK
You can’t apply for a ‘family of a settled person’ visa - you must apply to remain in the UK with family instead.

clicking on "remain in the UK with family" and clicking "Next" is giving me:

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa
Tier 1 (Exceptional Talent) visa
Tier 1 (Investor) visa
Tier 1 (Entrepreneur) visa
Tier 1 (Graduate Entrepreneur) visa
Tier 2 (General) skilled worker visa
Tier 2 (Minister of Religion) visa
Tier 2 (Sportsperson) visa
Tier 2 (Intra-company Transfer) visa
Tier 5 (Temporary Worker – International Agreement) visa

Since I was on Tier 2 ICT visa, I clicked on the link above and I could successfully complete the application! Hence my confusion about whether or not my wife can apply while staying in UK!

I am really confused! Please help....

None of those are relevant to your situation as you have ILR and are no longer on a PBS visa. Your wife has no right as a visitor to switch to any other visa category from within the UK.

[Debdarsan]

Also, we had a letter from Home Office permitting our marriage (Section 48 - Decision Not to Investigate), with the following para at the end:

"The Secretary of State's decision under section 48 of the 2014 Act not to investigate your proposed marriage or civili partnership does not constitute a determination as to the genuineness of the relationship on which it is based. If your marriage or civil partnership takes place, any decision taken on an application made by you or by your spouse under the Immigration rules or the Immigration (EEA) regulation 2006 to stay in the UK on the basis of it will still involve an assessment of the genuineness of that relationship by Home Office."

We did not know of any restriction my wife had due to her visa status. The City Council checked our documents.

[Debdarsan]

I think I should explain a bit further. I'm an Indian citizen, entered UK on Tier 2, ICT, in 27th March, 2010. I have got ILR after completing 5 years of continuous stay in UK in September, 2016. I got married on 27th Feb 2017. My wife entered UK on 5th Dec. 2016 on family visit visa, valid up to 2023. My income is about 48000 GBP p.a.

When I am trying to apply using
https://www.gov.uk/join-family-in-uk/overview

I am finding the following text:

Exceptions
You may need to apply in a different way if:

your partner is from the EEA
you’re inside the UK
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK

So, I have clicked the link "apply in a different way" to find:

If you’re already in the UK
You can’t apply for a ‘family of a settled person’ visa - you must apply to remain in the UK with family instead.

clicking on "remain in the UK with family" and clicking "Next" is giving me:

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa
Tier 1 (Exceptional Talent) visa
Tier 1 (Investor) visa
Tier 1 (Entrepreneur) visa
Tier 1 (Graduate Entrepreneur) visa
Tier 2 (General) skilled worker visa
Tier 2 (Minister of Religion) visa
Tier 2 (Sportsperson) visa
Tier 2 (Intra-company Transfer) visa
Tier 5 (Temporary Worker – International Agreement) visa

Since I was on Tier 2 ICT visa, I clicked on the link above and I could successfully complete the application! Hence my confusion about whether or not my wife can apply while staying in UK!

I am really confused! Please help....

None of those are relevant to your situation as you have ILR and are no longer on a PBS visa. Your wife has no right as a visitor to switch to any other visa category from within the UK.

I understand what you are saying. However, the site is guiding me based on the situation to apply on-line!!!!
I have mentioned the navigation above...

[Casa]

Bear in mind that if your wife applies for a spouse settlement visa from within the UK it will be refused and the visa fee will be lost.

In your earlier post "If you’re already in the UK" refers to someone who holds a category of visa which permits switching to a spouse visa without returning to their home country. This doesn't apply to a visitor.

[Debdarsan]

Many thanks for your guidance!

[Casa]

Many thanks for your guidance!

You shouldn't select 'applying in a different way'.