Immigrationboards.com

[abhinavsid]

Hi Friends,

I have a peculiar scenario.

I am about to get married to my fiancee who is under Tier 1 general category but her visa is expiring on 14th February 2013 after which she has to apply for ILR (indefinite leave to remain) as she has been in UK for 5 years on Tier 1 general visa.

Since we are getting married in October end, and I wish to join her in UK, but I have certain doubts about the rules and seek your expert opinion on following matters:

1) What If I get Tier 1 dependent by say November or December, Can I enter UK anytime before 14th February? Till what time UK border agency will allow me to enter on this visa? Will I be allowed to work immediately upon entering UK or I have to wait till she gets her ILR and then look for work?

2) What if I have to enter after 14th February?

3) Will you suggest we should apply for dependent visa after her ILR? Just to give you brief background on us, we have lived together for almost a year when I wan in UK last year (on Tier 2 IC vsia) and our families have met in her home country Mauritius, and again we all will meet in India for wedding in October.

4) In case I apply after she has got her ILR, will I be allowed to work immediately or there is a cool off period during which I cannot work? We have been told by a friend that he heard something about cool off period but he isn't sure and hence seek your help.


I will greatly appreciate your informed suggestions, as I am in a pickle right now and some of the most important decisions like quitting my job in India are dependent on your correct advise.

Thanks again !!!!!!

[sushdmehta]

1. One may enter UK anytime before expiry of leave granted. Unless you are a doctor / dentist, there is no work restriction.
2. If you do not travel to UK or are outside the UK when your leave expires, then you will have to apply for entry clearance again.
3. My suggestion would be to arrive in the UK as soon as you can, after the wedding.
4. There is no "cool-off" period for dependants or non-Tier 2 migrants.
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[abhinavsid]

Hi Sushdmehta,

Really appreciate your kind response.
Could you please let me know the reason behind your suggestion to come as soon as possible?

Just asking - out of curiosity, Would it not be better if I apply for visa once she has got her ILR? do you think its harder to get ILR dependent visa than Tier 1 dependent visa?

Thanks again!!

[sushdmehta]

Reasons:
1. Why stay away from your spouse immediately after the wedding?
2. Why waste time outside the UK when you can enter UK and start your ILR clock.
3. There is no advantage (or disadvantage) of one over the other (PBS dependant vs. spouse of settled person), if you are not a doctor / dentist.
4. If you apply for entry clearance after your spouse has received ILR then, given the fact the you two will have been away from each other since the wedding, you will need to provide additional evidence(s) to prove a "genuine and subsisting relationship".
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Life isn't fair, but you can be!

[abhinavsid]

Thanks again so much for the reply.

The reason behind my question was, some of the visa consultants suggested that we should apply for visa once my wife's status is cleared.

I definitely wants to come asap, as its extremely difficult to manage long distance relationship but just worried if I will be able allowed to work once I reach or I have to wait till she gets her ILR.

Also, once she has got her ILR, what will I need to do? Apply for extension? Can I do that while living in UK?

Please suggest. Thanks again!!!

[sushdmehta]

Yes.
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Life isn't fair, but you can be!