Visa extension for wife

Hi guys,

My wife Tier 1 Dependent visa will expire in 11/02/2016.
I now have British passport.
She was out of country from last 18 months and coming back in October.

So how will she get her visa extension ?
under what category i will appl for her.
what documents will i be required.

please advise.

Thanks

Wife may apply for SET(O), if she meets the requirements of 319E, KOLL required.

Should include evidence of subsisting marriage.

vinny wrote:Wife may apply for SET(O), if she meets the requirements of 319E, KOLL required.

Should include evidence of subsisting marriage.

Thx Vinny.

So i would not apply for Spouse visa ?

SET(O) for how long she will get he visa ?

SET(O) is for "indefinte" leave to remain application. In other apply for "settled status".

SET(O) is for "indefinte" leave to remain (ILR) application.

sushdmehta wrote:SET(O) is for "indefinte" leave to remain (ILR) application.

Thx for the reply.

My wife have been out of country for 18 months so there is no any minimum residence requirement for ILR.

so after coming here she can apply in Jan 2016 for ILR via SET(O)....If she had passed the English test and life in the Uk test
But no minimum residence requirement.

am i right ?

As your wife initially applied as your dependant prior to 9th July 2012, her minimum residence requirement is 2 years.

Spouse of PBS migrant are required to show evidence of living together . 6 piece of evidence covering a 2 years period.

In light of your wife having been away for 18 months, I am not sure that she will be ok.

Obie, the 2 year period need not be the one immediately preceding the appliction and need not be continuous.

OP, when did your wife first enter UK as a PBS dependant?

sushdmehta wrote:Obie, the 2 year period need not be the one immediately preceding the appliction and need not be continuous.

OP, when did your wife first enter UK as a PBS dependant?

I understand what the rules says and I have given similar advise before.

But surely a person has to show that they have had genuine and subsisting relationship , an absence if 18 months may not fulfil that requirement, in my view.

It does not seem consistent with the scheme of the rules that a husband and wife can live apart for close to for 3 quarters of the 2 years and then still qualify .

I am still studying it.

That's why I mentioned:

vinny wrote:Should include evidence of subsisting marriage.

Yes Vinny I did not accuse you or anyone for failure to mention anything.

I was merely expressing a view on an issue that puzzles me.

I was seeking to open a debate on whether a person is able to demonstrate genuine and subsisting relationship if they have lived apart for a period in excess of 18 months, for reason other than health , pregnancy or other compelling factor.

I was agreeing with you.

Obie wrote:But surely a person has to show that they have had genuine and subsisting relationship.

Evidence of cohabitation covering April 2012 until departure in (April) 2014 (on 18 month absence).
(covers requirement)
+
Evidence of cohabitation covering from arrival in October 2015 until the ILR application.
(covers requirement + shows currently subsisting relationship)

should be okay.

With the utmost respect Sushdmehta, I am not sure I agree with you for the following reasons:


(1) 319C(e) States:

(e) The applicant and the Relevant Points Based System Migrant must intend to live with
the other as their spouse or civil partner, unmarried or same-sex partner throughout the
applicants stay in the UK

(2) 319E(d) States:

(d) The applicant and the Relevant Points Based System Migrant must have been living
together in the UK in a marriage or civil partnership, or in a relationship similar to
marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that
person at a time when that person had leave under another category of
these Rules under the Rules in place before 9 July 2012, and since then has had
continuous leave as the Partner of that Relevant Points based System
Migrant, the specified period is 2 years

I am of the view that 319C (e) has to be read consistently with 319E(d) .

Furthermore "have been " in the English Language has a different meaning to "had "

It indicates some degree of recent or something that has been occurring over a continuous period.

I am therefore not entirely convinced that a person can be absent for 18 months and could reasonably qualify. That person could show a subsisting relationship, or able to show that they intend to live permanently with their partner.

I stand to be corrected, but that is my preliminary view, which may be at variance with views I had previously expressed.

Obie, I get embarrassed when you write "with utmost respect". I am certain there is no dearth of it between any of us.

"intend to live together" doesn't mean "never allowed to be apart or away".
"have been" doesn't mean "have been, without absence"
"have been, but with absences" doesn't make the "phases of living together" as "had or had been".

If 9 months absence due to pregnancy is okay as you seem to suggest, why isn't 18?
"What is the duration of absence" that prevents "have been" becoming into "had / had been"? Where is it defined?

I can agree with your point of view if the OP fails to provide evidence of cohabitation from the time of return until ILR application, which will surely raise a doubt in the caseworker's mind whether it is indeed a case of "had / had been" rather than "have been".

What if the dependant has been living in the UK together with the migrant since 2009, and not 2012? Will the 18 months of absence conclude that the relationship of 6/7 years is no longer subsisting because the dependant stayed away for 20%-25% of their time together?

Will evidence of cohabitation covering 4 months preceding the application not satisfy "have been" and "subsisting relationship" when taken into consideration along with evidence from 2012-2014?
As vinny has suggested, won't evidence of communication between the two during the period of absence indicate "subsisting relationship"?


IMHO ....

My wife joined me initially as Tier 1 General Dependant on 5th April 2012.Her visa was valid till 22nd December 2012. Then applied for PBS Extension visa...

regarding her stay out of uk ..i have been visting her 4 times....we were in touch with email whatsapp and phone continuously....So that show as subsisting relationship.....what you say guys.

The reason she was away because of the health of her mother....