Spouse Visa or Dependent Visa..Trick Situation

kswarriach · Post by **kswarriach** » Thu Sep 20, 2012 11:54 am

Dear Members,

I am on Tier 1 Visa.I am going to apply for ILR in December 2012.My wife joined me in July 2012 as Tier 1 dependent visa.She got visa for 6 months i.e till December 2012 as was mine left. So the question is

While i will be applying for mine ILR, what will be the status of her visa.

What should i do in this scenario ?

Will she apply as spouse visa after i got ILR.

Will she be able to apply for ILR after two years period including 6 months on tier 1 dependent visa.

Waiting for replies

Thanks in anticipation !

Post by **Greenie** » Thu Sep 20, 2012 11:56 am

On what date did she apply for her dependent visa?

kswarriach · Post by **kswarriach** » Thu Sep 20, 2012 11:58 am

Greenie wrote:On what date did she apply for her dependent visa?

June 2012

Post by **geriatrix** » Thu Sep 20, 2012 12:11 pm

Which (sub) category of Tier 1 are you referring to here?
On what basis will you be applying for ILR?

kswarriach · Post by **kswarriach** » Thu Sep 20, 2012 12:51 pm

sushdmehta wrote:Which (sub) category of Tier 1 are you referring to here?
On what basis will you be applying for ILR?

Tier 1 (HSMP) Router after 5 years

Post by **geriatrix** » Thu Sep 20, 2012 1:00 pm

The reason I asked the questions is this post on 09-Sep-12:

kswarriach wrote:Dear Members

I am on PSW visa and it is going to expire in December 2012.I am planning to apply for Tier 1 Entrepreneur Visa.

You cannot be a PSW migrant applying for Tier 1 (Entrepreneur) and a Tier 1 (HSMP) migrant applying for ILR at the same time.

Anyways, assuming "you" are a Tier 1 (General) migrant and applying for settlement as a PBS migrant, then your wife can apply to extend her leave as a PBS dependant close the expiry of her current leave. She will be eligible for settlement after 2 years as your dependant (June 2014).

Don't assume multiple immigration histories!! If asking on someone else's behalf, state so!

kswarriach · Post by **kswarriach** » Thu Sep 20, 2012 3:56 pm

sushdmehta wrote:The reason I asked the questions is this post on 09-Sep-12:

kswarriach wrote:Dear Members

I am on PSW visa and it is going to expire in December 2012.I am planning to apply for Tier 1 Entrepreneur Visa.
You cannot be a PSW migrant applying for Tier 1 (Entrepreneur) and a Tier 1 (HSMP) migrant applying for ILR at the same time.

Anyways, assuming "you" are a Tier 1 (General) migrant and applying for settlement as a PBS migrant, then your wife can apply to extend her leave as a PBS dependant close the expiry of her current leave. She will be eligible for settlement after 2 years as your dependant (June 2014).

Don't assume multiple immigration histories!! If asking on someone else's behalf, state so!

BUT IS IT POSSIBLE to have PBS dependent status of a settled person.I will have ILR then how can she apply as my dependent...a bit confuse

Post by **geriatrix** » Thu Sep 20, 2012 4:11 pm

How? Because the immigration rules now allow it.

kswarriach · Post by **kswarriach** » Thu Sep 20, 2012 5:09 pm

sushdmehta wrote:How? Because the immigration rules now allow it.

Please can you put the link which states this rule...Most of the people have told me that i will apply for ILR and after getting my ILR ,my wife will go for the Spouse visa with in UK.

Post by **geriatrix** » Thu Sep 20, 2012 5:12 pm

319C and 319D.

Switching for FLR(M) also remains an option, but my suggestion would be to extend as PBS depedant if you are to apply for settlement as an economic (PBS) migrant and the dependant is not a doctor / dentist.

kswarriach · Post by **kswarriach** » Fri Sep 21, 2012 12:37 am

sushdmehta wrote:319C and 319D.

Switching for FLR(M) also remains an option, but my suggestion would be to extend as PBS depedant if you are to apply for settlement as an economic (PBS) migrant and the dependant is not a doctor / dentist.

So please can you tell me the process in this scenario.

Should i go for ILR first in person.Then i should apply for my wife as PBS dependent.

Please can you tell me which form do i need to fill for my wife.

kswarriach · Post by **kswarriach** » Fri Sep 21, 2012 12:25 pm

kswarriach wrote:
sushdmehta wrote:319C and 319D.

Switching for FLR(M) also remains an option, but my suggestion would be to extend as PBS depedant if you are to apply for settlement as an economic (PBS) migrant and the dependant is not a doctor / dentist.

So please can you tell me the process in this scenario.

Should i go for ILR first in person.Then i should apply for my wife as PBS dependent.

Please can you tell me which form do i need to fill for my wife.

Does she need english test and if yes then which one...plz help

Post by **geriatrix** » Fri Sep 21, 2012 12:41 pm

If applying for extension as PBS dependant, read 319C and 319D (links already provided above). For the form to be used for extension as PBS dependant, when main migrant is applying for / has received settlement, check with UKBA.

If applying for extension under FLR(M), read 284.

kswarriach · Post by **kswarriach** » Sun Oct 07, 2012 6:03 pm

sushdmehta wrote:If applying for extension as PBS dependant, read 319C and 319D (links already provided above). For the form to be used for extension as PBS dependant, when main migrant is applying for / has received settlement, check with UKBA.

If applying for extension under FLR(M), read 284.

Hi,

I have already asked these questions before some time back.But i read your Stick Thread and thought to confirm once again with you.

So My Case is as below:

I am on Tier 1 General Migrant.I applied for my wife and 2 years old Daughter in June 2012 as Tier 1 Defendants.

My ILR qualifying period will get completed in Dec 2012.So MY wife and daughter got the visa till Dec 2012.

So my confusions are :

Once i will get my ILR, will my wife and daughter will be applying with me too for their ILR ?

or Just my daughter will be eligible as under 18 defendant

If my wife or daughter will not apply for ILR then what will be their visa status

If after getting mine ILR any baby born in UK,that will be applying for passport directly

Thanks in anticipation !

Post by **geriatrix** » Sun Oct 07, 2012 10:02 pm

The rules haven't changed since you last posted, so the answers to your queries remain the same - as posted in the topic and available in the sticky topic.

kswarriach · Post by **kswarriach** » Sun Oct 07, 2012 10:20 pm

sushdmehta wrote:The rules haven't changed since you last posted, so the answers to your queries remain the same - as posted in the topic and available in the sticky topic.

Thanks Mehta for your reply.. Apologies for repeating the query...Actually i did not mention last time about my daughter with the fact she will have same rules as my PBS dependant wife.But after reading your sticky posts i noted few points and want the expert advice from your side in my situation.

1:My wife and Daughter got the EC as Tier 1 general Dependants in June 2012.
So they got visa till DEC 2012.My daughter is 2 years old.So it means for my daughter there is no qualifying period for ILR. She does not have to be in UK for two years.She can apply for ILR as with me in DEC 2012.am i right ?

2:Sir if i apply for my wife as PBS dependant extension after getting my ILR then which form should i fill for my wife.....or i have to apply with FLR(M)...Please clear this point...

3:is there any way , i can apply for my wife with my application...can i ?

Thanks in anticipation

Post by **geriatrix** » Mon Oct 08, 2012 4:03 pm

2. Applications by dependants

kswarriach · Post by **kswarriach** » Wed Oct 10, 2012 9:42 pm

sushdmehta wrote:2. Applications by dependants

What about English language test ?

Does she need to to have English test before applying for extension.please guide

thanks

kswarriach · Post by **kswarriach** » Sun Oct 14, 2012 9:41 am

kswarriach wrote:
sushdmehta wrote:2. Applications by dependants
What about English language test ?

Does she need to to have English test before applying for extension.please guide

thanks

Hi anyone there to answer my questions please..

Thanks in anticipation

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Spouse Visa or Dependent Visa..Trick Situation

Spouse Visa or Dependent Visa..Trick Situation