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urgent help about dependent visa

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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zhenfu
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Joined: Sat Jan 06, 2018 12:03 am
China

urgent help about dependent visa

Post by zhenfu » Sat Jan 06, 2018 12:10 am

Dear Immigration boards,

My wife had a PBS dependent visa 4 years with me (because I was Tie 1 general before), and I have just extended her visa as spouse visa of settlement (because I am now unlimited leave to remain). Home office gave her another 2.5 years. Would she be able to apply for the settlement in one year time? 4 years PBS dependent+1 year spouse visa. They are essentially the same documents required.

Many thanks for your help.
Dan

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: urgent help about dependent visa

Post by vinny » Sat Jan 06, 2018 12:19 am

Unfortunately, her spouse leave reset her qualifying period for SET(M).
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: urgent help about dependent visa

Post by vinny » Sat Jan 06, 2018 12:37 am

However, if you were granted ILR under the PBS route, then it may be possible for her to switch back to PBS dependant partner in the UK under 319C and subsequently apply for SET(O) under 319E quicker.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zhenfu
Newly Registered
Posts: 5
Joined: Sat Jan 06, 2018 12:03 am
China

Re: urgent help about dependent visa

Post by zhenfu » Sat Jan 06, 2018 12:40 am

thanks Vinny, that means this switching just cancelled out all of her PBS dependent record? is there any chance we could change the type or withdraw this visa. I chose a wrong scheme? would be possible to find a solicitor to get around with it?
btw, do you know if the long resident route (10 years without gap) will be still there until year 2020?
many thanks for the help.
vinny wrote:
Sat Jan 06, 2018 12:19 am
Unfortunately, her spouse leave reset her qualifying period for SET(M).

zhenfu
Newly Registered
Posts: 5
Joined: Sat Jan 06, 2018 12:03 am
China

Re: urgent help about dependent visa

Post by zhenfu » Sat Jan 06, 2018 12:44 am

sorry just saw your this reply. but the Home Office says they can't cancel the spouse visa they have already granted to her. Yes, I was granted the settlement through Tie 1 general, the PBS. so I still have a chance to cancel the spouse visa but switch to PBS dependent? (by reapply or anything)

many thanks

vinny wrote:
Sat Jan 06, 2018 12:37 am
However, if you were granted ILR under the PBS route, then it may be possible for her to switch back to PBS dependant partner in the UK under 319C and subsequently apply for SET(O) under 319E quicker.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: urgent help about dependent visa

Post by vinny » Sat Jan 06, 2018 12:46 am

If you were grated ILR under PBS, then she could have continued on as, or switch to, a PBS partner.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zhenfu
Newly Registered
Posts: 5
Joined: Sat Jan 06, 2018 12:03 am
China

Re: urgent help about dependent visa

Post by zhenfu » Sat Jan 06, 2018 1:00 am

this looks promising, I will try to switch, as there is no document saying I can't switch from spouse visa to PBS dependent? thanks!
vinny wrote:
Sat Jan 06, 2018 12:46 am
If you were grated ILR under PBS, then she could have continued on as, or switch to, a PBS partner.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: urgent help about dependent visa

Post by vinny » Sat Jan 06, 2018 1:02 am

I think it's possible.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zhenfu
Newly Registered
Posts: 5
Joined: Sat Jan 06, 2018 12:03 am
China

Re: urgent help about dependent visa

Post by zhenfu » Sat Jan 06, 2018 1:03 am

Do you have a solicitor to recommend? :D
vinny wrote:
Sat Jan 06, 2018 1:02 am
I think it's possible.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: urgent help about dependent visa

Post by vinny » Sat Jan 06, 2018 1:13 am

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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