Dependant Visa

[devmanda1ia]

I just wanted to thank everyone who helped me with my wife's dependant visa queries.

We have been successful in getting her visa secured. I just wanted to let all viewers know that it is an excellent site which helps you to sort out all your queries with professional advise.

Thanks!

Just a last query, my wife has got visa stamp starting from 16/11/07, however we haven't got plan to get her to the UK until March 07. Will that be a problem? Are there any immigration issues if you don't travel immediately after issue of visa?

[vinny]

See also 1.3 - Validity of entry clearance and leave to enter and 8.3 - Visas and Leave to Enter

[devmanda1ia]

I am slightly confused with the details provided in the link.

On the website (http://www.ukvisas.gov.uk/servlet/Front ... int%20four), it says the dependant visa holder will have to travel within 3 months of of the issue of visa.

Does that mean if my wife stays back home beyond 3 months after the issue of visa, she won't be allowed to travel to the UK even though her visa are valid until 2012?

Any help will be greatly appreciated.

Thanks,

Dev

[VictoriaS]

She should travel within three months, yes. Although if she has Indefinite Leave to Enter she will very probably have no problem getting back in.


Victoria

[devmanda1ia]

Thanks Victoria,

What if she can't travel within 3 months? In that case, will she be refused entry to the UK?

It would be approximately 4 months she will travell in the UK from the effective date.

[VictoriaS]

Is it ILE or a 2 year spouse visa?

Why did you not get the visa deferred? Did you put date of travel on the application?

Victoria

[devmanda1ia]

Hi Vic,

I am on 'Work Permit Visa' valid until 2012 and she got dependant visa for the same period effective from 16/11/07.

The original plan was to get her back to the UK along with me in November, however there are two big family functions in next two to three months for which she will anyway need to travel back immediately. So we thought she can stay back home and attend the functions and then come to the UK.

I was researching on the same and didn't realise that there is minimum entry period. I was under the impression that it allows you to travel until next 6 months from the date of issue.

What do I do now?

Thanks,

Dev

[vinny]

I am slightly confused with the details provided in the link.

On the website (http://www.ukvisas.gov.uk/servlet/Front ... int%20four), it says the dependant visa holder will have to travel within 3 months of of the issue of visa.

I think that the three months' limit is related to the maximum period that the ECO has to defer the 'effective' date of the visa/entry clearance, to prevent unnecessary applications for an extension of stay. I don't think that it refers to a minimum period after which she may be refused entry. See also 1.8 - What happens on arrival in the UK?

[devmanda1ia]

Thanks Vinny.

It doesn't give any clear information on the minimum period allowed after issue of visa for entry to the UK.

What is my best course of action to get more accurate information?

Victoria, what Vinny said about 3 month period makes sense. However you mentioned clearly that it is 3 month. What do you think of what Vinny said?

Thanks,

[VictoriaS]

The advice given is that people in your wife's situation should enter the UK within 3 months of the visa being issued. This is in order that the IO can be clear that the situation has not changed. It is in the IDI's somewhere, though of course the IO has the discretion to allow entry anyway.

I would not risk leaving it over three months, and I do know people who have been refused entry, though not saying that would necessarily happen to your wife.

Victoria

[vinny]

Unfortunately, I couldn't find any reference to the 3 months' initial entry requirement, for holders of valid leave to enter, in the Immigration Directorates' Instructions yet.

Where a passenger seeking entry in this capacity holds an entry clearance for this purpose, refusal may only be considered under Paragraph 321 (See Chapter 9, Section 3 to these instructions)

Chapter 9 - General ground for the refusal of entry clearance, leave to enter or variation of leave to enter or remain > Section 3 - Refusal of leave to enter in relation to a person in possession of an entry clearance (paragraph 321 of HC395); and
> Section 3a - Leave to enter formulae for persons who have obtained leave to enter before arrival in the UK (paragraph 321a of HC395)

Chapter 1 -General provisions > Section 4 - Entry Clearance
Annex V - On entry - practical considerations

See also Exploring the decision making of Immigration Officers.

Where a passenger seeking entry in this capacity holds an entry clearance for this purpose, refusal may only be considered under Paragraph 321A of HC 395.

However, bear in mind

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.