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Dependent can travel to UK before the main applicant??

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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malikkhi
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Dependent can travel to UK before the main applicant??

Post by malikkhi » Sun Dec 07, 2008 10:25 am

Hi Guyz
Well can anybody let me know if dependent can travel to UK before the main applicant? i mean just after the EC? what are the rules?

Regards
Malik

push
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Location: London
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Re: Dependent can travel to UK before the main applicant??

Post by push » Sun Dec 07, 2008 10:59 am

malikkhi wrote:Hi Guyz
Well can anybody let me know if dependent can travel to UK before the main applicant? i mean just after the EC? what are the rules?

Regards
Malik
I feel they can but there was a lot of debate (heated) on this issue sometime back and a larger number of ppl seemed to think otherwise. If you search for the thread you will get to know about what different ppl said on the issue. However, there was no definitive answer, I think.

regards,

push_hsmp

malikkhi
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Post by malikkhi » Sun Dec 07, 2008 11:04 am

Thanx push_hsmp, well i going through the threads here for this as well. Also just sent my query to the home office. Well any more guys share their views on this

Regards
Malik

dingdon
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Posts: 100
Joined: Wed Oct 22, 2008 9:19 pm

Post by dingdon » Sun Dec 07, 2008 8:00 pm

Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.

push
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Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sun Dec 07, 2008 8:22 pm

dingdon wrote:Hi malikkhi

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
Dependent VISA is tied to the VISA status of the main applicant. In your case if you are no longer on WP (on account of getting the Tier-1) then your wife can not enjoy a WP dependent status.

regards,

push_hsmp

malikkhi
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Posts: 21
Joined: Fri Nov 07, 2008 10:28 pm

Post by malikkhi » Sun Dec 07, 2008 9:29 pm

dingdon wrote:Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
Well i sent the mail on following addresses
PublicVisaEnqs@fco.gov.uk
wpcustomers@ukba.gsi.gov.uk

If you r in UK, why dont u give them a call?

dingdon
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Posts: 100
Joined: Wed Oct 22, 2008 9:19 pm

Post by dingdon » Sun Dec 07, 2008 9:35 pm

Thanks malikkhi
push_hsmp wrote:
dingdon wrote:Hi malikkhi

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
Dependent VISA is tied to the VISA status of the main applicant. In your case if you are no longer on WP (on account of getting the Tier-1) then your wife can not enjoy a WP dependent status.

regards,

push_hsmp

push_hsmp,
i do agree your point. but there should be some transitional time line for this.

for example if my wife is already in UK by the time i got Tier 1 General.will her stay become illegal becoz my work permit got cancelled because of tier 1 general.
Can any one comment on this.

push
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Joined: Thu Jun 21, 2007 1:32 am
Location: London
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Post by push » Mon Dec 08, 2008 12:00 am

dingdon wrote:
push_hsmp wrote: Dependent VISA is tied to the VISA status of the main applicant. In your case if you are no longer on WP (on account of getting the Tier-1) then your wife can not enjoy a WP dependent status.

regards,

push_hsmp

push_hsmp,
i do agree your point. but there should be some transitional time line for this.

for example if my wife is already in UK by the time i got Tier 1 General.will her stay become illegal becoz my work permit got cancelled because of tier 1 general.
Can any one comment on this.
I agree with you but they offer you the opportunity to apply for dependents at the same time as the main applicant:
"If you have dependants who wish to join or remain with you in United Kingdom, you or they should complete the separate dependant application form.

We encourage you to send dependant applications at the same time as the main application.

"
But at the same time the following section from the immigration rules hints at some sort of transitional arrangment
319C. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below:


(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:

(i) as the Partner of a Relevant Points Based System Migrant, or

(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Tier 1 Migrant.

push
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Location: London
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Post by push » Mon Dec 08, 2008 12:08 am

dingdon wrote:Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
Additionally, I found the following on the BIA website - which again hints at allowing the dependents of other VISA catgories to switch into Tier 1 dependent status (although it just talks about not having to leave UK for switching but I think the point is, they realise the practical difficulties related to the issue):
Switching in to the dependant route
This page explains the circumstances in which you can apply for permission to stay here as the dependant of someone who is already here in the highly skilled worker category (Tier 1 General) without having to leave the United Kingdom and apply for entry clearance (permission to come to the United Kingdom).

How you can switch in to the dependant route
You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:

an innovator;
a participant in the Fresh Talent: Working in Scotland Scheme;
a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
a postgraduate doctor or dentist,
a student;
a student nurse;
a student re-sitting an examination;
a student writing up a thesis; or
a work permit holder.

dingdon
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Posts: 100
Joined: Wed Oct 22, 2008 9:19 pm

Post by dingdon » Mon Dec 08, 2008 1:06 am

HI push_hsmp,
Thanks very much for your effort.

still iam not gettting any hint on point 1.appriciate if any one throw some light on this

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.
push_hsmp wrote:
dingdon wrote:Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
Additionally, I found the following on the BIA website - which again hints at allowing the dependents of other VISA catgories to switch into Tier 1 dependent status (although it just talks about not having to leave UK for switching but I think the point is, they realise the practical difficulties related to the issue):
Switching in to the dependant route
This page explains the circumstances in which you can apply for permission to stay here as the dependant of someone who is already here in the highly skilled worker category (Tier 1 General) without having to leave the United Kingdom and apply for entry clearance (permission to come to the United Kingdom).

How you can switch in to the dependant route
You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:

an innovator;
a participant in the Fresh Talent: Working in Scotland Scheme;
a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
a postgraduate doctor or dentist,
a student;
a student nurse;
a student re-sitting an examination;
a student writing up a thesis; or
a work permit holder.

malikkhi
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Posts: 21
Joined: Fri Nov 07, 2008 10:28 pm

Post by malikkhi » Mon Dec 08, 2008 1:21 pm

Well guys i finally get the following OFFICIAL response from the home office

"The dependant can only enter with or after the main applicant, not before.

Sent by:
Public Enquiries , Visa Services, International Group,
UK Border Agency, London SW1A 2AH
Web-site: www.ukvisas.gov.uk
How did we do in answering your query?
Please visit the on-line survey at
www.ukvisas.gov.uk/en/aboutus/phoneandemailsurvey
(NOTE: We are currently unable to offer a telephone enquiry service in the UK"


Cheers

republique
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Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Mon Dec 08, 2008 1:38 pm

malikkhi wrote:Well guys i finally get the following OFFICIAL response from the home office

"The dependant can only enter with or after the main applicant, not before.

Sent by:
Public Enquiries , Visa Services, International Group,
UK Border Agency, London SW1A 2AH
Web-site: www.ukvisas.gov.uk
How did we do in answering your query?
Please visit the on-line survey at
www.ukvisas.gov.uk/en/aboutus/phoneandemailsurvey
(NOTE: We are currently unable to offer a telephone enquiry service in the UK"


Cheers
TADAH! Finally its closed.

malikkhi
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Posts: 21
Joined: Fri Nov 07, 2008 10:28 pm

Post by malikkhi » Mon Dec 08, 2008 1:49 pm

Oh yeah man close all other thread regarding this issue.......

Markie
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Location: Surrey

Post by Markie » Mon Dec 08, 2008 3:46 pm

if you analyse this...it is really boils down to common sense. How can a dependant be ahead of the principal visa holder when coming to a new country? It is as if asking count from 1 to 10 and you already started with the number 10 as the first one...
malikkhi wrote:Well guys i finally get the following OFFICIAL response from the home office

"The dependant can only enter with or after the main applicant, not before.

Sent by:
Public Enquiries , Visa Services, International Group,
UK Border Agency, London SW1A 2AH
Web-site: www.ukvisas.gov.uk
How did we do in answering your query?
Please visit the on-line survey at
www.ukvisas.gov.uk/en/aboutus/phoneandemailsurvey
(NOTE: We are currently unable to offer a telephone enquiry service in the UK"


Cheers

republique
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Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Mon Dec 08, 2008 5:35 pm

Markie wrote:if you analyse this...it is really boils down to common sense. How can a dependant be ahead of the principal visa holder when coming to a new country? It is as if asking count from 1 to 10 and you already started with the number 10 as the first one...
malikkhi wrote:Well guys i finally get the following OFFICIAL response from the home office

"The dependant can only enter with or after the main applicant, not before.

Sent by:
Public Enquiries , Visa Services, International Group,
UK Border Agency, London SW1A 2AH
Web-site: www.ukvisas.gov.uk
How did we do in answering your query?
Please visit the on-line survey at
www.ukvisas.gov.uk/en/aboutus/phoneandemailsurvey
(NOTE: We are currently unable to offer a telephone enquiry service in the UK"


Cheers

If you looked at the previous post debating it, it clearly didn't come down to common sense.

dingdon
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Posts: 100
Joined: Wed Oct 22, 2008 9:19 pm

Post by dingdon » Mon Dec 08, 2008 9:04 pm

dingdon wrote:Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
i got a reply from PublicVisaEnqs@fco.gov.uk Saying

Your wife should not have any difficulty in ether instance

I again replied back asking for the time lines.will update once after getting reply.

republique
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Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Mon Dec 08, 2008 9:09 pm

dingdon wrote:
dingdon wrote:Hi malikkhi

i have a similar kinnd of query related to dependent visa.

can you please pass on the home office email id to which my query needs to be sent.

Iam on work permit in UK and recently applied for the Tier - 1 General.
my spouse got dependent work permit (valid till 2010)and she will be travelling to uk this month.

i would like to know

1) whether my spouse visa is valid if i get the Tier 1 General before she travels to UK.

2) is there any time line where my spouse needs to change her visa status to tier 1 dependent while in uk.
i got a reply from PublicVisaEnqs@fco.gov.uk Saying

Your wife should not have any difficulty in ether instance

I again replied back asking for the time lines.will update once after getting reply.
Thanks for mucking up the understanding with this going back and forth
The dependent should not go before the main applicant
but if you already here on a different basis, it is whole different ball game. I think you should be able to understand that

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