Wife's Tier 1 Dependent Visa Valid ? after my ILR approved

BCPS · Post by **BCPS** » Thu Nov 22, 2012 4:11 pm

Hi Guys

I recently got my ILR approved.

My wife was here with me as a Tier 1 Dependent from july 2011 untill March 2012 and went back to India for delivery and she is still there. Now my question is my wife's Tier1 dep visa is still valid ? Can she travel to UK with that visa or Do we need to apply for ILR Spouse Visa ? She will be coming to UK in March and her visa experies in May 2013.

Thanks in Advance
BC

Post by **geriatrix** » Thu Nov 22, 2012 5:32 pm

She may travel to UK on the existing (PBS dependant) leave before it expires.

BCPS · Post by **BCPS** » Thu Nov 22, 2012 5:47 pm

Hi sushdmehta

Thanks a lot for your quick reply. Will she be eligible for her ILR during July 2013 ? or She Should wait for 5 years. She first came here in July 2011, stayed here untill Mar 2012, went back to India for delivery. She is agian coming in March 2013. Can we show this period of maternity that she spent outside UK inclusive in the 2 years that she should spent before getting ILR ? Or We should apply for PBS dep extension.

Thanks In Advance

BC

Post by **geriatrix** » Thu Nov 22, 2012 5:52 pm

See also Dependants of ILR (economic, 5 year route) applicants

vinodimg · Post by **vinodimg** » Mon Jan 28, 2013 11:35 pm

Hello BCPS,

Like you I'm also in a similar situation. I got my ILR; my wife and son are in Tier 1 dependent visa (exp. June 2013) and currently in India.
I heard it's a long processing time to apply ILR dependent from India. Dependent can travel to UK with their tier1 visa but it's all up to the immigration officer whether to clear the entry or not.
Any update from your side?

Regards,

Vinod

BCPS · Post by **BCPS** » Mon Feb 11, 2013 10:34 am

Hi Vinod

We have applied for our daughters Visa on 27th DEC 2012 and still waiting for the decision from BHC. What do you mean by "its all up to the immigation officer to clear entry or not", kindly clarify.

Did your family travel with the TIER1 Dependent or they are yet to travel ?

Thanks

BCPS · Post by **BCPS** » Wed Feb 20, 2013 6:08 pm

sushdmehta wrote:She may travel to UK on the existing (PBS dependant) leave before it expires.

Hi sushdmehta,

Sorry for replying back after a long time, We recenlty called BHC regarding our kids Visa, during the same conversation we also enquired about my Wifes Visa, to my surprise BHC said My Wife should apply for Spouse Visa as her Tier1 Dep Visa is no more valid. Kindly Clarify. We are so much confused now.

Thanks
BC

UKIlr2012 · Post by **UKIlr2012** » Wed Feb 20, 2013 9:31 pm

Absolutely wrong,

As I came with my wife. I am on ILR and she is on PBS dependent. No question asked at the airport(heathrow).

BCPS · Post by **BCPS** » Tue Feb 26, 2013 4:21 pm

Hi UKIlr2012

Kindly clarify your suggestions in regards to the below Link

http://www.immigrationboards.com/viewtopic.php?t=87206

Thanks
BC

BCPS · Post by **BCPS** » Tue Feb 26, 2013 4:28 pm

sushdmehta wrote:She may travel to UK on the existing (PBS dependant) leave before it expires.

Hi sushdmehta,

Kindly clarify your suggestions based on the below link

http://www.immigrationboards.com/viewtopic.php?t=87206

I am in a similar situation and got my ILR in oct 2012, my wife is still with Tier1 Dependent and we have applied child of a settled person for our newly born kid and waiting for approval. Completeyl confused whether have we applied in the corerct category for our kid ? Is my wifes Tier1 dependent visa still valid ? or she needs to apply for Spouse of settled person visa.

Kindly clarify.

Thanks
Baskar Chandran

Post by **vinny** » Tue Mar 05, 2013 5:33 pm

Your wife may still travel as a PBS dependent.

Kid may also apply as a PBS dependent if your wife has existing leave as a PBS dependent (319H(b)(ii)).

pr123 · Post by **pr123** » Tue Mar 05, 2013 9:26 pm

vinny wrote:Your wife may still travel as a PBS dependent.

Kid may also apply as a PBS dependent if your wife has existing leave as a PBS dependent (319H(b)(ii)).

Thanks Vinny, your reply is very useful in my case. Can you let me know your thoughts on this:

I have an ILR (obtained as Tier 1 Gen migrant), my wife has a T1 Dep visa granted before Jul2012 and is out of country now. My newborn baby, born out of the UK has not yet applied for a Visa.

The rules in sec 319H also includes a clause.
'(h) an applicant who is applying for leave to remain must have, or have last been granted leave as the child of or have been born in the United Kingdom to, a parent who had leave under any category of these Rules.'

In my case, my baby did not have a T1 Dep visa so far, so based on the above clause, doesn't it mean that I cannot apply this visa for the baby? In that case, can you let me know what Visa should I apply for the baby?

Post by **vinny** » Tue Mar 05, 2013 9:38 pm

319H(h) is not applicable. An application for a visa is an application for an entry clearance or leave to enter. It is not an application for leave to remain.

pr123 · Post by **pr123** » Tue Mar 05, 2013 10:49 pm

vinny wrote:319H(h) is not applicable. An application for a visa is an application for an entry clearance or leave to enter. It is not an application for leave to remain.

Thats true, didn't realize that.... Thanks Vinny

pr123 · Post by **pr123** » Wed Mar 06, 2013 1:02 pm

vinny wrote:319H(h) is not applicable. An application for a visa is an application for an entry clearance or leave to enter. It is not an application for leave to remain.

Hi Vinny,
Sorry to continue this thread again. Today I happened to see another page in the UK BA site http://www.ukba.homeoffice.gov.uk/visas ... /children/ which contains the following lines.

You cannot apply in the child category if you are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system and:

your other parent does not yet qualify for settlement; and
your most recent permission to stay as a dependant under the points-based system (known as a PBS dependant) was granted on or after 9 July 2012.

If you notice the highlighted line in bold, in order to apply as T1 Dependent for a child of ILR holder, it refers to the most recent permission to stay. I am not sure if this requires that in order to apply as T1 Dep, the child should have had a recent permission to stay after Jul2012. So, if the child does not have any visa, does it mean that the Child cannot apply as T1 Dep, as the third condition is not satisfied?

Post by **vinny** » Fri Mar 08, 2013 12:10 am

Some questions/requirements are not applicable to child born in the UK.

pr123 · Post by **pr123** » Fri Mar 08, 2013 12:40 am

vinny wrote:Some questions/requirements are not applicable to child born in the UK.

Thanks Vinny for the reply. Actually, my child was born outside the UK and has not yet applied for any visa. My wife, has her T1 Dependent visa valid until end of this year.

Post by **vinny** » Fri Mar 08, 2013 12:54 am

Sorry. Ignore my last post.

Your given link is not for dependants of migrant workers applications.

BCPS · Post by **BCPS** » Wed Mar 13, 2013 7:14 pm

Hi vinny

Can you please guide here as I am in the same situation as pr123

Can I apply for PBS dependent for my kid when I am in Ilr and my wife has tier1 dependent my kid is born in India ?

Below is the guidance notes from ukba

You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; or
• the child of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and:
o your other parent does not yet qualify for indefinite leave to remain; and
oyou last held leave as PBS Dependant granted on or after 9 July 2012.

The last point seems confusing as the kid does not hold any PBS dep

Also kindly note my wife's visa expires on 13 may 2013, will that be a problem in granting PBS dep for my kid if at all she is eligible

Thanks[/code]

vikramsingh1 · Post by **vikramsingh1** » Wed Mar 13, 2013 7:31 pm

UKIlr2012 wrote:Absolutely wrong,

As I came with my wife. I am on ILR and she is on PBS dependent. No question asked at the airport(heathrow).

Hi Guys ,
I am in the same situation, My wife hasn't completed two years in UK as she came in Feb 2012 so can't apply ILR for her. Our current tier 1 is valid until 2015. My ILR can be applied next month.........I don't know whether we should be apply applying for her if yes which visa. If someone has any links to UKBA please let us know.

regards
Vikram

Post by **vinny** » Sat Mar 16, 2013 1:42 pm

BCPS wrote:Also kindly note my wife's visa expires on 13 may 2013, will that be a problem in granting PBS dep for my kid if at all she is eligible

vinny wrote:Your wife may still travel as a PBS dependent.

Kid may also apply as a PBS dependent if your wife has existing leave as a PBS dependent (319H(b)(ii)).

Post by **vinny** » Sat Mar 16, 2013 1:52 pm

BCPS wrote:I am in a similar situation and got my ILR in oct 2012, my wife is still with Tier1 Dependent and we have applied child of a settled person for our newly born kid and waiting for approval. Completeyl confused whether have we applied in the corerct category for our kid ? Is my wifes Tier1 dependent visa still valid ? or she needs to apply for Spouse of settled person visa.

Kindly clarify.

Thanks
Baskar Chandran

If kid has already applied as child of a settled person, that this may also be possible. However, then they may want your wife to apply too.

pr123 · Post by **pr123** » Sat Mar 23, 2013 11:14 pm

Hi Vinny,

From my previous posts after discussing with you and going through the immig rules, I was convinced that I can apply T1 dep my child born out of UK. However, as gathered from the recent understanding in the post http://www.immigrationboards.com/viewto ... 125#810125 that a T1 Dep cannot be applied outside UK, I am back to the same query.

I had mailed UK embassy to clarify this and they suggested that my wife gets her immigration status to be regularized with mine and my child should apply for Child of settled person visa. Upon replying back that my wife already has a valid T1 dep visa and do not want to apply spouse visa now, they replied back, rather vaguely

We understand your point, however, for your son to qualify for a visa to the UK it is advisable that your wife gets her immigration status regularised in line with yours.
"If you wish to make an application just for your son alone, you are welcome to do so. You can lodge the application submitting the relevant documents and wait for the outcome."

My queries are
i) I am not sure if the embassy's response indicates a complete yes that they will approve my child's settlement-oriented visa and my wife can continue on her T1 Dep visa. Can anyone please decipher this statement for me please.

ii) Let us say, if my wife also applies for spouse visa as they suggested. Which rules will she fall under - the rules before Jul 2012, where she has to spend only 2 years in the UK to get her ILR or the new 5 years rule for applicants after that date. (note: She had come into the UK before July 2012 and went back to home country for the delivery of the baby).

Post by **vinny** » Sun Mar 24, 2013 12:53 pm

pr123 wrote:Hi Vinny,

From my previous posts after discussing with you and going through the immig rules, I was convinced that I can apply T1 dep my child born out of UK. However, as gathered from the recent understanding in the post http://www.immigrationboards.com/viewto ... 125#810125 that a T1 Dep cannot be applied outside UK, I am back to the same query.

See also here and Explanatory Memorandum > 7.17-7.21.

I'm not sure what your wife's status will be, in relation to transitional provisions, if your she applies for a spouse visa as the partner of a settled person.

See also Chapter 8 - Appendix FM (family members)
Chapter 8 - Family members transitional arrangements
Other cross-cutting information

Immigration Rules
> Part 8 - Family members
> Appendix FM: Family members
> Appendix FM-SE: Family members - specified evidence.

BCPS · Post by **BCPS** » Thu Apr 04, 2013 6:05 pm

Hi Guys

Kindly request the senior members to shed some light on vinny's post above

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I have just pasted the below point from the link above

"7.19.These changes also allow a PBS Migrant’s partner to amalgamate leave granted to them as the dependant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that
towards the probationary period for settlement. "

Thanks
BCPS

Immigrationboards.com: Immigration, work visa and work permit discussion board

Wife's Tier 1 Dependent Visa Valid ? after my ILR approved

Wife's Tier 1 Dependent Visa Valid ? after my ILR approved

Sorry, one more clarification