All,
I recently obtained ILR (Late May 2013). Prior to this, I was on the Tier 1 post-study work visa. My wife was therefore here as a PBS Tier 1 dependent and she is back to Kenya. She returned coz her visa was close to expiring. I stayed on coz my ILR application was still with the home office. Now that it is out, I wish to have her return and we are currently working on applying - then I read this from the UKBA website:
" You cannot apply in a partner category if you:
are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.
Instead, you must apply as a dependant under the relevant category of points-based system. "
That is confusing ! What it implies is that she can't apply simply because I was previously on the Tier 1 scheme and she does not qualify for settlement. It furthe implies that the only application she can make is as a dependant on a points-based system - of which I am no longer part of.
Could someone please shed some light on this issue ? I was of the school of thought that she would apply for a spouse visa - until I read that.
Thanks.
Dan.
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