Tier 1 ILR holder:App of PBS Dependant for spouse from India

Urgent help required!!

Hi All,

I have an urgent request with regard to dependent visa for my wife who is applying from India. I have an ILR (got ILR through Tier 1 route). We applied under PBS Tier 1 General - Dependant category) as currently I am in UK holding an Indefinite Leave to Remain through Tier 1 General process and my last held leave before that was Tier 1 General Visa. The PBS Tier 1 dependant guidance suggests that my spouse needs to apply under the category (PBS Tier 1 General dependant) as I held Tier 1 general visa and received my ILR based on my Tier 1 General application. The Mumbai Visa office is asking us to apply using some other category else the visa is going to be refused and I am not sure as the PBS guidelines states otherwise. PBS guidelines states that even on receiving my ILR if my last application was under points based system, my spouse should apply under PBS dependant category.

Could someone please suggest me wat to do and confirm if it is correct and also the form that she needs to use. Feeling very helpless as I do not know who to go to. Home Office here do not give proper advice and solicitors cant do anything as application is already made. The visa office saying in anycase the fees wont be refunded now. I really dont want to get stuck in appeals and need a helping hand to tell me if we are correct.

Help will be really appreciated. Thanks in advance guys.

Vish

Has she held a PBS dependent visa based on your Tier 1 visa before and lived with you in the UK??

If she has not, ie you are newly married, she will have to apply for a spouse visa because you have ILR. The form is VAF4A and there is a financial requirement you have to meet and she has to meet English level A1.

Thanks for letting me know. Seems she will have to reapply then
I do meet the financial requirement and she has done her engineering which is in English medium..will that be enough?

Also do I need to maintenance any balance in my account for 3 months just like we have to for PBS dependent visa? Its not very clear in the form? Thanks in advance for all your help guys:)

You need to show proof of meeting the income requirement of £18,600 per annum and include letter from employer, bank statements, payslips, etc.

Have as look at the FLR(M) form and guidance (this is for spouse visa applications from within the UK), it might help a bit more.

https://www.gov.uk/government/uploads/s ... _11-14.pdf

https://www.gov.uk/government/uploads/s ... _11-14.pdf

Did she hold a PBS dependent Visa previously, and what is your current earning?

Thanks for your reply guys..she has never been to UK and my current earning is £45000. I have not been able to maintain above 1500 for a few days after I applied and the guidance does not talk about any funds maintenance so just wanted to confirm..don't want to take any chances this time

You will need to make an application under Appendix FM.

It is cheaper, and you will meet its requirement.