HELP: Extension of visa for spouse and child of Tier - 1

[vp2008]

I have quite a peculiar situation with respect to my spouse's and child's visa. Any guidance and help will be hugely appreciated .

I had traveled to UK with my spouse and child on a work permit in 2004 and returned in Oct 2005 owing to my family situation.
Then I was deputised to UK again in Dec 2006 on a work permit. My spouse and child had a dependant visa stamped, but did not travel with me.

I returned and got a HSMP approval, changed my job and re-entered UK in Feb 2007. My spouse could not apply for an entry cleanrce along with me becuase her passport had gone for renewal. Later when they tried applying entry clearance my spouse inquired and told by UK consulate in Mumbai, India that she can travel on existing entry clearance. So they (spouse & child) traveled to UK in April 2007. I had traveled with them for this journey and there were no problems at passport clerance at airport.

Now entry clearance of my spouse and child expires in Nov 2008, while my visa expires in Feb 2009. When I contacted visa enquiries section of Borders and Immigration Agency (BIA) about how to get my spouse & child visa extended, the person there says it cannot be done while in the UK and they have to return to India.

When I go to BIA website, it does have a form (tier-1 dependants form)for PBS dependant (seperate from main applicant). My question to forum members and experts is, can I apply using the form and get my spouse and child's visa extended till Feb 2009? After which I will include them in my PBS visa extension application anyway?
If I can use this form to apply, how early can I apply, considering their (spouse & child) visa expires only in Nov 2008.
Most importantly what is the status of my spouse and child right now?

Many thanks in advance.

[vinny]

I have quite a peculiar situation with respect to my spouse's and child's visa. Any guidance and help will be hugely appreciated .

I had traveled to UK with my spouse and child on a work permit in Nov 2004 and returned in Oct 2005 owing to my family situation.
Then I was deputised to UK again in Nov 2006 on a work permit. My spouse and child had a dependant visa stamped, but did not travel with me.

I returned to India and got HSMP approval, changed my job and re-entered UK in Feb 2007. My spouse could not apply for an entry cleanrce along with me becuase her passport had gone for renewal. Later when she tried applying entry clearance my spouse inquired and told by UK consulate in Mumbai - India, that she can travel on existing entry clearance. So they (spouse & child) traveled to UK in April 2007. I had travelled with them for this journey and there were no problems at passport clerance at airport.

Now entry clearance of my spouse and child expires in Nov 2008, while my entry clerance expires in Feb 2009. When I contacted visa enquiries section of Borders and Immigration Agency (BIA) about how to get my spouse & child visa extended to coincide with my visa, the person there says it cannot be done while in the UK and they have to return to India.

When I go to BIA website, it does have a form (tier-1 dependants form)for PBS dependant (seperate from main applicant). My question to forum members and experts is, can I apply using the form and get my spouse and child's visa extended till Feb 2009? After which I will include them in my PBS Tier - 1 (General) visa extension application anyway?
If I can use this form to apply, how early can I apply, considering their (spouse & child) visa expires only in Nov 2008.
Most importantly what is the status of my spouse and child right now?

Many thanks in advance.

[geriatrix]

Later when they tried applying entry clearance my spouse inquired and told by UK consulate in Mumbai, India that she can travel on existing entry clearance.

Do you something in writing confirming this. Or was it a verbal advice?

My question to forum members and experts is, can I apply using the form and get my spouse and child's visa extended till Feb 2009?

Provided they are allowed to apply for extension from within UK, it would be better if you apply for an extension in November instead of Feb. If you explain your predicament, I think UKBA shouldn't have a problem in considering an early application for extension.

Unless your previous interaction with UKBA was through email and they have advised you in writing that your dependents cannot apply from within UK, my suggestion would be to send UKBA an email explaining your situation (do mention what BHC Mumbai had advised you) and get a written confirmation from their end.

At the same time, it won't do you any harm in shooting off an email to BHC Mumbai telling them that following their advice has landed you in a difficult situation. Ask them why your dependents cannot apply from within UK when they were advised by BHC itself to enter UK on a WP dependent visa when the main applicant had switched over to HSMP.

I am assuming here that it was BHC Mumbai (as you have written) and not VFS which suggested that your dependents travel to UK on a WP dependent visa.

regards

[vp2008]

Many thanks for your detailed reply.

Do you something in writing confirming this. Or was it a verbal advice?

I have e-mail confirmation from FCO (Bombay.VisaEnquiries@fco.gov.uk) stating my spouse could travel on old visa.

Unless your previous interaction with UKBA was through email and they have advised you in writing that your dependents cannot apply from within UK, my suggestion would be to send UKBA an email explaining your situation (do mention what BHC Mumbai had advised you) and get a written confirmation from their end.

My interaction with UKBA was over phone. I had written an e-mail to them asking for advise and I have received a reply containing standard text. That reply e-mail has FAQ type advise and states they wont reply to me if my situation falls under one of those conditions. I think it does not, but I have not received any further reply so I think UKBA thinks it should be covered by that e-mail. There is mention of FLR(M), which is not really applicable in my case.

The best course looks like apply for HSMP extension in November itself and hope for the best. What could be my plan B?

[geriatrix]

If email hasn't helped, then you must call up UKBA again and try to have a detailed discussion to understand why your dependents cannot apply for extension from within UK. If the person on the phone doesn't provide you with reasons that satisfy you, then ask him/her to get the line manager to come on the line and explain things to you.

This is important 'coz if they reject your dependents' application at the time of extension (November), they will have to leave the country. So better understand where the problem lies ... when you still time to on your hands.

regards

[vp2008]

Thanks again. I will try to speak with a line manager and see what happens.
I am also curious to know whether these contact centre people are reliable? As I understand, actual people processing applications are somewhere else, away from contact centre. And they may be interpreting rules in a different way. Is there a way to speak to one of those, and hear it straight from horse's mouth, so to say?