Query about Tier 1 Partners

ketansampat · Post by **ketansampat** » Fri Mar 18, 2011 6:16 pm

Can a Tier 1 Partner stay in the UK if the Tier 1 Visa Holder has to go back to their own country for 3 months?

My wife is the Tier 1 visa holder and i am on a partner visa. My wife would like to go back to India for 3 months and return (Which should not be a problem), but I would like to stay back and continue with my work. Is that allowed?

Post by **geriatrix** » Fri Mar 18, 2011 6:24 pm

As long as the main migrant intends to return to UK after a short absence, there is no affect on your permission to stay in the UK (and remain employed).

ketansampat · Post by **ketansampat** » Fri Mar 18, 2011 6:33 pm

Thank you very much for the reply. Can I also know, if the same is true for Tier 2, Company sponsored visas? Our neighbour has the same situation, similar to ours but they are on Tier 2 and Tier 2 dependent respectively

Post by **geriatrix** » Fri Mar 18, 2011 8:40 pm

For any (immigration) category.

Migrants are allowed to be absent from UK temporarily .. without any UK resident dependant(s) tagging along everytime.

ketansampat · Post by **ketansampat** » Sun Mar 20, 2011 12:22 pm

Thanks for your response. I have one more question. If the main visa holder and the partner visa holder, both, leave the UK together (We are going back to India as my wife is expecting in July and we will both leave the UK during that time), can the partner visa Holder (Tier2) come back alone after a couple of weeks and the main Visa holder come back after 3 months? Would that be allowed?

Post by **geriatrix** » Sun Mar 20, 2011 12:30 pm

Should be.

If the Immigration Officer at the airport questions the dependant as to the whereabouts of the main migrant and is not satisfied with the reason(s) given to justify the absence, the dependant may be refused entry. On the other hand, if IO doesn't bother enquiring about the presence of main migrant in the UK or (if he does do that) is satisfied with the reasoning given, then the dependant should have no problem.

ketansampat · Post by **ketansampat** » Sun Mar 20, 2011 1:31 pm

Thank you very much! Your replies have been very helpful. We were very confused as to what we could or could'nt do. Would you recommend me taking the risk of coming back alone or just staying back here and not going at all (dont know if I can do that, emotionally, as I would want to be there for the birth of my children in India)?

Post by **geriatrix** » Sun Mar 20, 2011 2:03 pm

Given the reason, you shouldn't have a problem in re-entering UK without the sponsor (mother of a new born child staying in home country - post delivery - for some more time).

But I am no IO!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Query about Tier 1 Partners

Query about Tier 1 Partners

Thank You