Dependant of Tier 1 (HSMP JR pre 06 Nov) entry clearan &

[ach]

Hello friends,

I require some urgent help

I am currently on Tier1 with HSMP JR rules pre 06 Nov initial visa and now applying for my wife as dependant.

1. Does any one know what forms shall i use for dependant visa for her entry clearance.

2. In terms of settlement - does anyone knows if my wife is eligible for settlement too, as i am due for that in Dec 2011 (given that she secures a visa 1st for entry clearance).

3. Do you know if 2 years rules for dependants are applicable on Judicial Review pre 06 Nov people too?

4. Does she need to pass english language or life in UK for settlement? as i understand HSMP initial JR pple are exempt from that?

The policies says our dependants rules will be similar to that of main applicants.

Appreciate your inputs?


Ach

[geriatrix]

1. Technically, your dependants should be using the VAF2 form to apply for entry clearance. But they will be asked to use the VAF10 form - because UKBA no longer issues "HSMP leave" to HSMP JR covered migrants (and their dependants) but are issued Tier 1 (General) leave.
2. Legally - yes! But will she be granted when she applies? - depends on the competency (or lack of it) of the caseworker who gets your settlement application.
3. Legally - no! Again depends on who gets your application.
4. No.

When does your current leave due to expire?

[ach]

thank you for your reply & time sushdmehta...

my current leave tier-1 (extended in 2008 from HSMP JR catagory) is expiring on 24/12/2011 and but due to current circumstances I need to urgently apply for my wife..

1. Can you please advise me what ways we should use to submit VAF2 form NOT VAF10; the fee is low too, but i am not sure if british high commission will accept that in overseas land? Any advice please

2 - 4. Given that she secures 1 above then Do you advise to use some hard information to take and supply with my settlement? There must be some ways of showing these law/rules to them? So that they will be convinced.

Any Ideas please.

Appreciate that.

Thank you and kindest regard

[geriatrix]

I don't think you'll be able to successfully argue with the local VAC (and BHC) and convince them that your dependants need to use VAF2 to apply for entry clearance. You may if you wish to, but do note that it is going to be extremely time consuming and difficult if you are not aware of the immigration rules and policies (because you'll not know how to argue the point).

As for settlement application, given that your wife may be entering UK for the first time just weeks / month before your settlement application I would suggest that you do not apply in-person but by post ... and close to the time that your leave is due to expire. That way, if your wife is refused settlement because of caseworker's misinterpretation of immigration rules covering HSMP migrants covered by HSML JR, your wife will be given the right to appeal and she will definitely win the appeal for refusal on such basis.

[ach]

Thank you sushmehta once again.. appreciate your assistance.

I have checked with other people and some of them have successfully submitted the VAF 2 form for entry clearance of their partners. However they have advised me that this is all about delivering the right information to VAC. It's a total confusion at the moment honestly!!

But i like your point that Highly skilled visa no longer exists and BHC will need to process this via Tier-1; is totally valid and makes sense, however having said that i see another point that we do not fall under PBS. When i did my extension i tried to show all my income and visa case worker replied that you do not fall in points based and I have a letter (covering letter) on my extension stating this too.

At the same time i have this objective that we don't require to fall under 2 years rules on settlement (i.e. my dependant), if we file VAF2 then i believe that will help and create the basis of settlement too.

1. Do you advise me to take both VAF10/VAF2 forms in that case for the dependant visa - i will also enclose my extention letter + pre 07/11 letter to strengthen my VAF2 pursual?

2. Going forward when we apply in person for settlement - do you think they wont let us have right to appeal if they refuse her settlement?

Many thanks for your expert views....

[geriatrix]

1. No harm in filling up and taking both VAF2 and VAF10 forms. I have my doubts if any VAC will now accept VAF2 from dependants of HSMP migrants ... but do try.
2. Right of appeal is granted only when a decision is made at a time when the applicant has no valid leave remaining (i.e.- leave that was valid at the time of application has since expired). And there is no discretion allowed ... when it must be granted as per law, it will be granted.

[ach]

Thanks for clarifying Sushd..

I am just completing both forms and paper work now;

I would be pleased if you could please clarify the following;


A) ACCOMMODATION:

With regard to accommodation I own my property viz 2 bed and i am currently a single occupant of the property;

I have attached a copy of

1.A COPY OF LAND REGISTRY (DO I NEED TO CERTIFY THIS)? Pls can you clarify...
2. A LETTER FROM ESTATE AGENT WHO CONDUCTED A SURVEY
3. COUNCIL TAX BILLS STATING SINGLE OCCUPANT


B) RELATION:

1. NIKKAH NAMMA
2. PICTURES OF WEDDING
3. MY MOB PH BILLS - PRINTED COPY FROM 3G WEBSITE? Will that work please advise?
4. INTERNATIONAL CALLING CARDS
5. E-MAILS
I always used calling cards to call her on her mobile however she does not have any proof as she uses pay as you go mobile? Do you think will there be any problem? I am enclosing calling cards within the application.

Could you please clarify POINT A)1 & B)2.

Is there any proof i require in order to sponsor..


Many thanks for your expert views...