Wife's Tier 2 Dependant Visa

[RDavid_313]

Hi my wife is currently on a Tier 2 dependant Visa. We got Married when I was a Tier 2 Work permit Visa Holder.

I went on to apply for ILR in 2013 August and very recently in October got my British Citizenship. My wifes visa expires in March 2016.

Can she apply for ILR or how can see get her Visa extended as I have now become a British citizen.

Please can someone advice

[CR001]

When did she get her initial visa and when did she enter the UK?

On what basis did you obtain ILR (5 years residence or 10 years long residence)?

[RDavid_313]

Hi Cr001

My wife got her visa in August 2013 and she came to the UK 3rd week of August 2013.

I got my ILR on the 5 years residence basis

[RDavid_313]

Hi Cr001

I have one more question to ask

My wifes Visa expires in March as I have already told you but we need to go to India in December 2016 for a family matter, and we will return on 14th January 2016. Will she have issues entering the UK.

Regards

[CR001]

She should have no issues re-entering the UK as long as she has a valid visa.

She can extend her current visa shortly before it expires on the PBS Dependent form. This extension should be granted for enough time to reach 5 years residence and then she can apply for ILR.

She will also have to pay the immigration health surcharge.

[shakirsq]

Hi CR001,

In a similar situation

Brief history I came here in 2009 on Tier 1 General, wife joind me on august 2013 as Tier 1 General dependent, I got my ILR on 2014 currently waiting for the result of my naturalisation application

my question in regards to wife's visa extension which is due on Oct 2016 so just wondering what are the logical and economical options for her, should she apply for extension as Tier 1 general dependant or should she go with FLR(M) and can you please also guide any pros and cons for both options

[Arsal385]

Hi CR001,

In a similar situation

Brief history I came here in 2009 on Tier 1 General, wife joind me on august 2013 as Tier 1 General dependent, I got my ILR on 2014 currently waiting for the result of my naturalisation application

my question in regards to wife's visa extension which is due on Oct 2016 so just wondering what are the logical and economical options for her, should she apply for extension as Tier 1 general dependant or should she go with FLR(M) and can you please also guide any pros and cons for both options

You should stick to Tier 1 general dependent visa extension as switching to FLR (M) will make her previous stay null and void and thus further 5 years of leave will be required under FLR (M) category to get her ILR.

[Marah]

Hi ! Viny/Amber it any other senior members.

Can you please advise me on the matter of following according to your knowledge!

If a PBS dependent applied and granted leave (t1-G) before 9 July 2012 and has completed 2 yrs qualifying period and still on her end of 5 yrs on same PBS leave. (Hope the old rule will still apply)

But the main PBS applicant gained settlement on the basis of 10 yrs Long residence rule in May 2014.

Is that dependent is eligible to apply ILR as PBS dependent on SET (O) ?
Confused. UKVI says Yes. But can't find on Appendix FM or anywhere.

[CR001]

Hi ! Viny/Amber it any other senior members.

Can you please advise me on the matter of following according to your knowledge!

If a PBS dependent applied and granted leave (t1-G) before 9 July 2012 and has completed 2 yrs qualifying period and still on her end of 5 yrs on same PBS leave. (Hope the old rule will still apply)

But the main PBS applicant gained settlement on the basis of 10 yrs Long residence rule in May 2014.

Is that dependent is eligible to apply ILR as PBS dependent on SET (O) ?
Confused. UKVI says Yes. But can't find on Appendix FM or anywhere.

No, she needs to switch to FLR(M) because you got ILR based on 10 years long residence. This advice has already been given to you in May.
http://www.immigrationboards.com/immigr ... l#p1267720

[shakirsq]

Thanks for your reply Arsal385

one more thing to clear as I read ILR for Tier 1 General migrant will no longer be available from 6 April 2018 so just wondering does same apply for Dependent as well? if yes then her 5th year will not be completed until August 2018 so do you suggest she will still be able to apply for ILR?

[fwd079]

Thanks for your reply Arsal385

one more thing to clear as I read ILR for Tier 1 General migrant will no longer be available from 6 April 2018 so just wondering does same apply for Dependent as well? if yes then her 5th year will not be completed until August 2018 so do you suggest she will still be able to apply for ILR?

If you have recevied ILR and her 5 years aren't lapsed then she needs another visa. She will have to apply as an dependant of ILR. Good luck.

[shakirsq]

Thanks for your reply Arsal385

one more thing to clear as I read ILR for Tier 1 General migrant will no longer be available from 6 April 2018 so just wondering does same apply for Dependent as well? if yes then her 5th year will not be completed until August 2018 so do you suggest she will still be able to apply for ILR?

If you have recevied ILR and her 5 years aren't lapsed then she needs another visa. She will have to apply as an dependant of ILR. Good luck.

Hi fwd079 if you read Arsal385 advise above switching to another category cost her previous stay null and void... can someone please confirms that ILR for Tier 1 General migrant dependent will be available after 6 April 2018 cause it will no longer available for main applicant.

[vinny]

PBS dependant extensions should still be available for dependants of Tier 1 (General) who was granted ILR as a relevant PBS Migrant using SET(O).

[shakirsq]

PBS dependant extensions should still be available for dependants of Tier 1 (General) who was granted ILR as a relevant PBS Migrant using SET(O).

Thanks Vinny for reply...

I got your point if Tier 1 dependent still getting their extensions where as Tier 1 main applicant no longer eligible for extension since 6 April 2015 so I suppose same as for ILR which will no longer be available for Tier 1 main application from 6 April 2018