TIER 1 General Dependent - Please Help

tehminamazher wrote: ↑

Mon Apr 30, 2018 2:48 pm

Dear Forum Members,

I am posting on behalf of my colleague

Here is the summary of all the events he told me

- I arrived in the UK under the Point Based System (Tier 1) rules in May 2009.
- My wife and our children joined me in the UK in October 2013 under the rules of Point Based dependents
- I along with my children successfully applied for Indefinite Leave to Remain in March 2014.
- In March 2014, my wife was in the UK for only 5 months which was considerably less then the required length of 5 years for indefinite leave to remain application as a dependent of point base Tier 1 migrant.
- To continue her legal stay in the UK, I applied for the extension of my wife's visa in March 2014 at the same time when I applied for my indefinite leave to remain, Unfortunately, I submitted my wife's application for the visa extension on wrong application form which was suitable for partners of settled persons. I realized the mistake before the decision letter and submitted correct application form with a covering letter for the attention of case officer.
- The case officer refused the extension request on the basis that requirements of English language and proof of financial funds were not evidenced in the application.
- I challenged the refusal in the Tribunal and contended that English language and financial proof were not required for the partners of Point Based Dependent. Further, I highlighted the fact that the case officer disregarded the letter and the new application form.
- The Tribunal agreed with us and decided in our favor. The Tribunal allowed my wife's amended application as partner of point based system dependent. Further, Tribunal held that English Language Test and proof of financial funds were not required from the applicant.
- My Wife's current visa is expiring on 10th September 2018.
- I am currently a naturalized British citizen since

I will be extremely thankful if someone can help with these queries

- Which application form and associated requirements would apply for the visa application of my wife?
She can continue to extend as PBS dependent if necessary, if you got ILR through PBS 5 year route.

- Could my wife apply under the point based rules for the dependent of Point based system?
Yes. If you got ILR through PBS route, she can get 3 years extension.

- How would it effect that my wife joined me in UK as a partner of point base system (Tier1) Migrant?
Don't understand what you ask.

- Whether she is eligible for Indefinite leave to remain at the expiry of her current visa?
When she fulfill 5 years qualifying period, she can apply ILR. When was her VISA issue date for entry clearance? She may be eligible for ILR application before her current visa expired.




Thanks

TM