Hi Vinny, Thanks for your quick reply. Could you please share me some sort of refference docs which confirms this. I am searching searching couldn't find any reference docs. I called home office, below is the response from them...
Dear Kumar,
Thank you for contacting UK Visas and Immigration international enquiry
service.
With regards to your query, the applicant may be able to enter the UK with
her valid Tier 1 Dependant visa. However, the applicant may have to show UK
Border Agency the reason why she was outside of the UK and didn't travel
back to UK with the main applicant.
For any further details, or should you need to contact us again please
refer to our website at https://ukvi-international.faq-help.com/ select
appropriate country, click next and then select “E-Mail form” and
complete as instructed. We will aim to come back to you within 1 day.
Kind regards,
UK Visas and Immigration International Enquiry Service
As per this email, She says
may be.
I forwarded this to one of my known solicitor and he replied like below,
Hi Kumar,
I note the reply says "may" rather than will.
That said, I think if she were to produce the email on arrival (if questioned by an Immigration Officer), the Officer would likely be satisfied that she has not attempted deceit or such like.
That of course is still no guarantee of entry. Again, you/she must decide if you willing to take the risk, albeit I believe it is a small risk.
Regards
I don't know, I don't want to take risk but not sure. I even read Family Members of PBS migrants granted ILR or British Citizenship document, in that document it says like below,
If the PBS migrant is a British citizen, before that they must have held ILR as a PBS migrant.
Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a five year
probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British
citizenship before their partner has completed their 5 year probationary period, the partner
can still apply for further leave to remain as a PBS dependant rather than as the partner of a
settled person. If their application meets the requirements, leave to remain can be granted
for up to 3 years.
If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their
leave or gain settlement as a PBS dependant and must switch into the partner of a settled
person category and apply for limited leave. For more information see related link.
It means she can continue with her existing Tier 1 dependent visa up to its validity Feb 2016 and also she can travel in and out of UK ? Can you please confirm whether I am right or not. Coz visa officer says may be and my solicitor says risk so I am bit confused. Please help
