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Switching from Tier 1 Dependent to Spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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nadeemshafiq
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Switching from Tier 1 Dependent to Spouse visa

Post by nadeemshafiq » Thu Mar 17, 2011 8:14 pm

Is there any timeline for switching visa from Tier 1 dependent to Spouse?

I will hopefully get ILR next week but wife will not be able to apply for spouse visa until end april/early may because of english language requirements.

When I contacted UKBA, here is what they said:

"Please be advised that your wife should switch into the Spouse visa
category as soon as your application for Indefinite Leave to Remain is
granted. "


"Please be advised as your wife's current Leave to Remain is not valid,
and she is unable to submit the English Language test until the end of
April/May. She is required to leave the UK and return to her home
country and submit an application form their. "

Does anyone know of any reference to immigration law that explains in how any days should my wife switch her visa?

Thanks

geriatrix
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Post by geriatrix » Sat Mar 19, 2011 1:01 am

Amendments to applications for indefinite leave to remain wrote:7.13 .....
Technical changes are being made to the provisions for indefinite leave to remain applications by dependants of Points Based System Migrants. These amendments allow dependants who are not applying at the same time as the main applicant to qualify for indefinite leave to remain as dependants of Points Based System Migrants, rather than as dependants of persons present and settled in the UK. This is consistent with indefinite leave to remain provisions for dependants in all other economic migration categories. These amendments also add this provision for other relevant Tiers of the Points-Based System (The pre-existing rules refer to dependants of Tier 1 Migrants only).
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nadeemshafiq
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Post by nadeemshafiq » Sat Mar 19, 2011 12:02 pm

Its a very interesting document. Thanks Sushdmehta.

Does it mean that:

1. from 06/04/11 ILR is going points based as well?

2. No need for dependents of Tier 1 General to Switch to Spouse Visa and apply for ILR after sttaying 2 years under tier 1 general dependent visa?

Thanks once again.

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Post by geriatrix » Sat Mar 19, 2011 12:39 pm

IMHO, it just means that dependants of PBS migrants not eligible / applying for settlement at the same time as the PBS migrant will not need to switch to FLR(M) but will be allowed to continue on their PBS dependant leave (and extend) until they come eligible for settlement.

Wait for more details to be known .. on 06-Apr or soon after.
Last edited by geriatrix on Tue Apr 05, 2011 3:40 pm, edited 1 time in total.
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nadeemshafiq
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Post by nadeemshafiq » Sat Mar 19, 2011 9:45 pm

Thanks a lot Sushdmehta

geriatrix
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Post by geriatrix » Wed Apr 06, 2011 2:34 pm

Don't see any change(s) in the immigration rules to suggest that the above mentioned technical change has been put in place.

You may consider contacting / writing to Benjamin Brown at the UK Border Agency (see 13.1, at the end of statement of changes) to enquire into the matter.
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nadeemshafiq
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Post by nadeemshafiq » Mon Apr 11, 2011 8:15 pm

I have contacted Mr. Brown and will post the response if and when received.

thanks

nadeemshafiq
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Post by nadeemshafiq » Mon Apr 11, 2011 8:21 pm

Looks like the changes have been applied.

Please refer to the link below:

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

At the bottom there is a like for further details to the same policy document.

Any thoughts??

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Post by geriatrix » Tue Apr 12, 2011 1:03 am

I haven't yet seen any policy / guidance document that highlights or mentions this technical change.
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Post by saminkhan » Tue Apr 12, 2011 8:50 pm

Hi

I am also in the same position. I have applied for ILR after completing 5 years in WP and Tier 1 but my wife who joined me 6 months ago is still on Tier 1. Her current leave will expire in early next year but I am not sure what is the way forward after i get my ILR.

Any suggestions?

Samin

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Post by geriatrix » Fri May 20, 2011 1:10 pm

nadeemshafiq wrote:Hi,

I have now received ILR back (1.5 months as opposed to 3 months average)

My wife's IELTS test is next week and she will receive her results two weeks after that.

I have read in various forums that visa should be switched from Tier 1 dependent to FLRM as soon as possible ( no timeline).

Can I (or should I) apply for ger FLR visa via post now and send IELTS test results later?

Alternatively, as a result of chagnes in immigration rules on 6th April, does my wife need to apply for FLR(M) as her tier 1 dependent visa expires in March 2013?

I will appreciate greatly if anyone can help me here.

many thanks.
Greenie wrote:my point is that the technical change has been made
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nadeemshafiq
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Conflicting response from UKBA

Post by nadeemshafiq » Thu May 26, 2011 7:17 pm

I phoned UKBA to check if my wife needs to switch visa from Tier 1 Dependent to FLR(M) and they said she doesnt. When i asked her if I could get some sort of official confirmation, she asked me to email the enquiry address and the response would be an official reply.

I today received a response which conflicted the opinion I got over the phone. Here is what I emailed:

" Switching from Tier 1 Dependent to Spouse of Settled Person (is it required)

Dear Sir,

I have today received my passport back from UKBA with ILR stamp. I have been in UK previously on Tier 1 General, HSMP and Work Permit.

My wife is currently in UK and her visa status is Tier 1 General Dependent which expires in March 2013. She came to this country in February 2010 as HSMP dependent and is therefore not eligible for ILR.

I am not sure, if as a result of my visa status change from Tier 1 General to ILR, my wife needs to switch her visa status as well.

I refer to the following paragraph of the Statement of Changes in Immigration Rules dated 16th March 2011:

"7.13 Amendments to applications for indefinite leave to remain (last paragraph - page 9)

Technical changes are being made to the provisions for indefinite leave to remain applications by dependants of Points Based System Migrants. These amendments allow dependants who are not applying at the same time as the main applicant to qualify for indefinite leave to remain as dependants of Points Based System Migrants, rather than as dependants of persons present and settled in the UK. This is consistent with indefinite leave to remain provisions for dependants in all other economic migration categories. These amendments also add this provision for other relevant Tiers of the Points-Based System (The pre-existing rules refer to dependants of Tier 1 Migrants only)."

Link to the documents is:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


In light of the above paragraph, can you please advice if my wife should switch her visa from Tier 1 Dependent to Spouse of Settled Person?

Kind regards,

Muhammad Nadeem"




The response was:





" Dear Mr Nadeem,

Thank you for your enquiry.

Please be advised that from the information that you have provided, your wife is required to switch into the Spouse visa category to remain with you in the United Kingdom.

Your wife will need to submit an FLR(M) application to the Home Office for further leave to remain as a spouse.

Your wife's 2-year qualifying period for eligibility for Indefinite Leave to Remain (ILR) will start on the date when we give your wife permission to remain as your spouse.

Please note that time spent in the United Kingdom as your Points Based System Tier 1 General Dependent can be included with the Spouse visa for your wife to complete the 2-year qualifying period for ILR.

To apply for ILR your wife will need to obtain and submit application form SET(M).

UK Border Agency application forms and related guidance can be found on the UK Border Agency website at:

www.ukba.homeoffice.gov.uk

The forms are in PDF format and can be viewed and printed using Adobe Acrobat Reader software, which can be downloaded free of charge from the website.

If you need further guidance as to which application form you require, you will find details of the UK Border Agency contact centres and the types of enquiries they can assist with at:

http://www.ukba.homeoffice.gov.uk/conta ... ctcentres/

I hope that this is of some assistance to you.

Yours sincerely,


Wayne Fairweather





So whats the way forward then?

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Post by geriatrix » Mon May 30, 2011 12:43 am

nadeemshafiq wrote:I have contacted Mr. Brown and will post the response if and when received.

thanks
Did he respond?


IAB staff seems to have given you a standard response without understanding the context of your query. Guess you'll have keep trying with Mr. Brown or IAB if you wish to have a clear answer from the horse's mouth.

I guess it'll be a while before a test case gets posted on the forum.
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nadeemshafiq
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what should i do?

Post by nadeemshafiq » Mon May 30, 2011 7:07 am

No he did not respond.

In case I do not hear from him and based on the response from ukba, should I proceed with the application and include a covering letter and hope the immigration officer would read it and refund fees if extension is not required?

Is there any other option?

If she stays in the country till Feb on existing visa, and apply for ilr and ukba rejects the application, would she go illegal and have to start all over again or would she get an option to switch to flr then as well?

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Post by geriatrix » Mon May 30, 2011 2:34 pm

Do you have settled status now? If not, when do you intend to apply?

When will your wife complete 2 years in the UK and become eligible for settlement? When does her current (PBS dependant) leave expire?
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nadeemshafiq
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Post by nadeemshafiq » Mon May 30, 2011 6:02 pm

Yes I have a settled status now. ILR stamp date is 10 May 2011.

My wife will complete 2 years period in February 2011.

Her current leave to remain as Tier 1 dependent will expire in March 2013.

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Post by geriatrix » Mon May 30, 2011 6:08 pm

nadeemshafiq wrote:My wife will complete 2 years period in February 2011.
2011?
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nadeemshafiq
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Post by nadeemshafiq » Mon May 30, 2011 6:11 pm

Sorry. Its February 2012

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Post by geriatrix » Mon May 30, 2011 10:54 pm

Options:
1. Chase up UKBA / Mr Brown to clarify UKBA's position on the matter (technical change). If IEB again advises you that your wife needs to switch to FLR(M) to be eligible for settlement, you must question the inclusion of technical change in the Statement of changes (HC 863).
2. Consult a competent solicitor, on the matter.
3. Apply for FLR(M).
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nadeemshafiq
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Post by nadeemshafiq » Wed Jun 01, 2011 6:58 pm

I am totally confused with conflicting advice from UKBA.

I have today spoken to another representative at UKBA and he confidently confirmed that no visa is required. He said he would investigate why i received an email with a contrary advice and would raise that as a training need. He did say he will try to find my email and try to reply properly.

On the other side I received a response from Benjamin Brown's department and its below:

-------------------------------------------------------------------------------------

Dear Muhammad,



I have been making some enquiries following your email, and can confirm the following:



The paragraph to which you refer is in fact an error in the published document. This paragraph should not be contained in the Explanatory Memorandum. We will take steps to rectify this error as soon as is practicable.



You are correct that dependant partners of points-based system migrants, whose sponsor acquires indefinite leave to remain before they have completed the requisite two year period in the UK, do still need to apply to switch their visa status to being the dependant partner of a person who is present and settled in the UK.



The immigration rules sets this out (contained at paragraphs 284, 287 and 319).



The effect of these rules is as follows:

A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.



A dependant partner of a points-based system migrant who has completed less than two years in the UK when their sponsor is granted ILR cannot apply for ILR under paragraph 319E. They will need to apply to switch their leave under paragraph 284. Paragraph 287 then allows such dependants to count time spent as a PBS dependant and also time as the partner of a person who is settled here towards the necessary two year period for ILR.



I hope this clarifies your query.



Kind regards

--------------------------------------------------------------------------------

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Post by Greenie » Wed Jun 01, 2011 7:49 pm

i would go with the advice of Mr Brown's department - this is clearly what the rules say at the moment. I think the only intended change was to ensure that time spent as a tier 1/2 dependent could be counted towards the 2 years.

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Post by fereneze » Fri Jun 03, 2011 3:19 pm

Hi, Im in a similar situation like nadeemshafiq. Not sure how to proceed :cry:

nadeemshafiq
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Tier 1 Dependent to FLR(M)

Post by nadeemshafiq » Fri Jun 03, 2011 10:18 pm

TIER 1 DEPENDENT TO SPOUSE OF SETTLED PERSON

Based on advise received from helpful members on the forum, i have now decided to apply for my wife's visa under FLR(M). There are few tricky questions in the form which i wanted to check:

1. Is this the first time you have applied for a visa or extension of stay in one of the above categories with your current partner? If this is the first time with a fiance(e) or proposed civil partner, answer No.

If I say no, Interactive form then asks me information about when i met my wife, when i got married and whether I have obtained certificate of approval for my wife.

2. Did you get an entry clearance as one of the following before entering the UK? Spouse, civil partner, unmarried or same-sex partner, fiance(e) or proposed civil partner

My wife entered as HSMP dependent later on switched to Tier 1 dependent.

3. Have you had your fingerprints taken?

When my wife applied for visa in Pakistan in August 2009, her finger prints were taken in Pakistan. Should I respond yes or No to this one?

nadeemshafiq
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Post by nadeemshafiq » Wed Jun 08, 2011 8:43 pm

Any one, Any thoughts?

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Post by fereneze » Thu Jun 09, 2011 8:32 am

1. Is this the first time you have applied for a visa or extension of stay in one of the above categories with your current partner? If this is the first time with a fiance(e) or proposed civil partner, answer No.

I'm not sure of the answer on this one!
2. Did you get an entry clearance as one of the following before entering the UK? Spouse, civil partner, unmarried or same-gender partner, fiance(e) or proposed civil partner

I think this is Yes as she entered UK as your dependant [spouse].
3. Have you had your fingerprints taken?

This should be yes. I had the same in Tier1 Extension appliction for my wife.

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