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Can I continue on Tier 1 dependent visa after husband becomes British citizen

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

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

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smile843
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Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by smile843 » Sat Sep 23, 2017 9:00 am

I am currently on Tier 1 dependent visa valid till May 2019. While returning from a trip, the immigration officials at Heathrow Airport told me that my Tier 1 dependent visa is no longer valid as my husband has now become a UK citizen. They asked to apply for family/spouse visa.
I was granted Tier 1 dependent visa on my 1st entry to UK and a 3 year extension given later when my husband was holding a ILR. They let me into the UK this time with a warning but told me that I may be refused entry next time if I don't apply for spouse visa.

I was reading the UKBA rules which seem to suggest that my current visa should be valid. Could you please let me know if my understanding is correct ? Also, how do I avoid problem at the airport next time I travel?

Please see below for the relevant UKBA rules and details on various timelines.


UKBA rules

https://www.gov.uk/government/uploads/s ... n_2017.pdf

The document above on Page 4 states that
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 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

(I will be eligible for ILR only in May 2018 as I entered the UK in June 2013)


Timeline
I entered the UK in June 2013 on Tier 1 dependent visa post marriage.
My husband switched to ILR in 2014
I applied for extension of Tier 1 dependent visa in May 2016 (while my husband was on ILR). I was granted a visa valid till May 2019.
My husband became a British citizen in December 2016.

Thank you :-)

vinny
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Re: Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by vinny » Sat Sep 23, 2017 9:06 am

I think that you understanding was correct and these Immigration Officers were mistaken.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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smile843
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Joined: Sat Sep 23, 2017 8:23 am

Re: Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by smile843 » Sat Sep 23, 2017 3:21 pm

Thank you. I am not sure what to do to ensure i dont get stuck at the airport next time we travel.

Abc499
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Re: Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by Abc499 » Sat Sep 23, 2017 4:04 pm

I have heard similar stories like you but only when the main applicant (your husband on this case) was on tier-1 but settled via different (Long residency) route. In such situation they advise the dependent to move ASAP to family/spouse visa.

May be you can only explain them that your Husband got the settlement based on Tier-1 (if it is), Hence you can continue on the current category.

smile843
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Re: Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by smile843 » Mon Sep 25, 2017 10:06 pm

i did try to explain the immigration official about it at that time and she told me that till he was on is Tier 1 or ILR it was fine, but now that he is citizen, i should have a spouse visa.

I am very confused about further plan. Any input will be really appreciated

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CR001
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Re: Can I continue on Tier 1 dependent visa after husband becomes British citizen

Post by CR001 » Tue Sep 26, 2017 8:09 am

Vinny's advice and links are correct.
Char (CR001 not Casa)
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