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What is the fastest route to settlement for my potential GTV dependent wife?

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

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krishnakumarg
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What is the fastest route to settlement for my potential GTV dependent wife?

Post by krishnakumarg » Tue Aug 17, 2021 7:20 pm

I am a Global Talent Visa holder and I have a straightforward case when I make my ILR application next year (August 2022).

I wish to draw upon the collective knowledge & experience of this community to seek your opinions regarding the fastest route to getting ILR status for my spouse.

Here is her immigration/visa history in the UK:
-------------------------------------------------------------
  • Dependent (PBS Tier 4) first entry to the UK on September 29, 2014, and lived in the UK on this status until Dec 22, 2018 (60 days absence in total from Sep 29, 2014 - Dec 22, 2018)
  • Switched to PBS Tier 4 student visa (made entry clearance application from outside the UK, got visa sticker on passport, and collected her current PBS Tier 4 BRP after landing in the UK). Visa valid from 12-Jan-2019 to 01-Mar-2023). (Total absence: for 462 days at a stretch in one single trip)
Problem/Issue due to continuous absence
---------------------------------------------------------

Just before the pandemic began, around Jan 2020, my wife had a miscarriage, and she decided to travel to her home country, India with an original plan of spending 59 days outside the UK so as not to affect her immigration status. We possess the UK GP's sick note confirming this. She travelled out of India on Feb 5, 2020, and then suddenly the pandemic caused first set of lockdowns in both india and UK. India suspended all international flights until late July 2020 and started flying rescue missions. My wife didn't want to use them due to the unknown nature of the pandemic back then and the question of flying alone during uncertain times.

In the meantime, I was trying to return to India, but could not leave the UK, since my initial Global Talent Visa application was pending. I was informed by UKVI that leaving the UK means voluntarily aborting any pending immigration application. I finally got my GTV visa in September 2020, and managed to get a long leave arranged from Nov 2020. After spending couple of months in India, towards early 2021, the second wave caused disruptions and the UK putting India on red list etc.

We both managed to return to the UK on May 9, 2021, which implied that my wife had a single long break in continuous residence from Feb 05, 2020 through May 9, 2021, a total of 462 days!).

I am wondering what is the best option for applying for ILR for my wife?

Questions:
---------------

I intend to get my ILR under super priority case around Sep 2022. (My GTV visa expires on 04 Sep 2023).

For the fastest ILR route for my wife:
  • should I just let her continue her PBS Tier 4 student status until 01 March 2023, and then switch her to a family visa?
  • Will switching to a family/spouse visa reset the settlement clock to zero on the date of switching?
As per UKVI rules, GTV dependents also need to spend 5 years in that status before they can apply for ILR.
  • I wonder if her PBS Tier 4 visa can be counted towards that 5 years (in combination with GTV dependent)?
  • If so, will the absence period be a problem?
  • If she applies for GTV dependent for 5 years, will it continue to be valid after I switch to ILR? Can she travel into and out of the UK with that GTV dependent visa?

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CR001
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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by CR001 » Tue Aug 17, 2021 7:33 pm

There is no quick or fast route. Whichever way she chooses to go,she will need 5 years residence in a single visa category before she can apply for ilr. Tier 4 doesn't count.
should I just let her continue her PBS Tier 4 student status until 01 March 2023, and then switch her to a family visa?
Will switching to a family/spouse visa reset the settlement clock to zero on the date of switching?
Tier 4 doesn't count towards 5 years ilr. If she switches to FLR m spouse visa, meeting all the requirements, once you have ilr, her 5 year clock starts when her visa is granted.
As per UKVI rules, GTV dependents also need to spend 5 years in that status before they can apply for ILR.
I wonder if her PBS Tier 4 visa can be counted towards that 5 years (in combination with GTV dependent)?
Tier 4 student visa does NOT count towards ilr based in 5 years residence.
If she applies for GTV dependent for 5 years, will it continue to be valid after I switch to ILR? Can she travel into and out of the UK with that GTV dependent visa?
Yes, it will be valid. Note she can only apply as a gtv dependent visa before you apply for ilr. Once you have ilr, she cannot apply/switch to gtv dependent from a tier 4 visa. A gtv dependent visa allows travel but she is limited to 180 days absence in ANY rolling 12 month period.
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krishnakumarg
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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by krishnakumarg » Wed Aug 18, 2021 9:43 am

Thank you for all the answers to the individual questions that I had asked in my original post. Much appreciate your efforts.
CR001 wrote:
Tue Aug 17, 2021 7:33 pm
  • Whichever way she chooses to go,she will need 5 years residence in a single visa category before she can apply for ilr.
  • Tier 4 student visa does NOT count towards ilr based in 5 years residence.
For these two, there appears to be a small confusion due to my choice of wording. Let me rephrase/clarify my statement/question further.

The primary GTV holders can use time spent on a few other eligible visa categories towards the 3-year continuous residency requirement (as per paragraph GT 10.3 of the immigration rules appendix: Global Talent https://www.gov.uk/guidance/immigration ... bal-talent). In fact, that is what I am going to do. I spent 11 months on a Tier 2 (General) visa, and therefore become eligible for submitting my ILR application with 25 months on the GTV.

I wondered if the same provisions (i.e. the option to combine the time spent on a previous visa) applied for GTV dependents as well when they make their ILR application?

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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by marcnath » Wed Aug 18, 2021 9:49 am

krishnakumarg wrote:
Wed Aug 18, 2021 9:43 am
Thank you for all the answers to the individual questions that I had asked in my original post. Much appreciate your efforts.
CR001 wrote:
Tue Aug 17, 2021 7:33 pm
  • Whichever way she chooses to go,she will need 5 years residence in a single visa category before she can apply for ilr.
  • Tier 4 student visa does NOT count towards ilr based in 5 years residence.
For these two, there appears to be a small confusion due to my choice of wording. Let me rephrase/clarify my statement/question further.

The primary GTV holders can use time spent on a few other eligible visa categories towards the 3-year continuous residency requirement (as per paragraph GT 10.3 of the immigration rules appendix: Global Talent https://www.gov.uk/guidance/immigration ... bal-talent). In fact, that is what I am going to do. I spent 11 months on a Tier 2 (General) visa, and therefore become eligible for submitting my ILR application with 25 months on the GTV.

I wondered if the same provisions (i.e. the option to combine the time spent on a previous visa) applied for GTV dependents as well when they make their ILR application?
Depending on the Visa, dependants have a similar possibility to use can use time spent as different dependant visas towards their ILR application. However Tier 4 is not applicable for that.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

krishnakumarg
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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by krishnakumarg » Wed Aug 18, 2021 12:20 pm

In the eligibility for partners page says the following: https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Eligibility for partners
-----------------------------

Your current visa must be as a dependent on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
__________________________________________________________________________

So, as per the official wording, if my wife gets a GTV dependent visa now, she will be able to count the time spent on a PBS Tier 4 student visa towards the 5 years for her ILR, right? My point is that, it doesn't specifically exclude time spent on a Tier 4 student visa!

Can someone please provide a link to any official documentation on UKVI pages/PDF publication that suggests that time spent on a PBS Tier 4 cannot be used towards the 5 years continuous presence needed to make an ILR application?

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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by CR001 » Wed Aug 18, 2021 4:30 pm

So, as per the official wording, if my wife gets a GTV dependent visa now, she will be able to count the time spent on a PBS Tier 4 student visa towards the 5 years for her ILR, right? My point is that, it doesn't specifically exclude time spent on a Tier 4 student visa!
No, you are misunderstanding. The requirement is that she must have held a dependent visa for 5 years AND lived with you for that duration. It is an AND not an OR.

Tier 4 visas have not lead to ilr under 5 years for many many years.

She needs 5 continuous years as your dependent to apply for ilr.

Unfortunately,each time she has switched from dependent to her own visa, her clock reset to zero.
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krishnakumarg
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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by krishnakumarg » Wed Aug 18, 2021 6:46 pm

CR001 wrote:
Wed Aug 18, 2021 4:30 pm
So, as per the official wording, if my wife gets a GTV dependent visa now, she will be able to count the time spent on a PBS Tier 4 student visa towards the 5 years for her ILR, right? My point is that, it doesn't specifically exclude time spent on a Tier 4 student visa!
No, you are misunderstanding. The requirement is that she must have held a dependent visa for 5 years AND lived with you for that duration. It is an AND not an OR.

Tier 4 visas have not lead to ilr under 5 years for many many years.

She needs 5 continuous years as your dependent to apply for ilr.

Unfortunately,each time she has switched from dependent to her own visa, her clock reset to zero.
Okay. I see. Thank you for the patient & clear explanation. Much appreciate it.

So,
  • I can apply a GTV dependent visa for her now, which will be issued until 04 Sep 2023 (my GTV BRP expiry date).This will start the 5-year countdown from the issue date on her BRP.
  • I then apply for my ILR in Aug 2022. She continues with her GTV dependent BRP initially issued until 04 Sep 2023.
  • Later on, she applies to extend her GTV dependent BRP for a maximum duration of 5 years. ( but when?)
  • Finally, she applies for her ILR at the end of the 5-year qualifying period as a GTV dependent (even though I would have already been on ILR for a while & possibly even been naturalised).
Is this correct?

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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by CR001 » Wed Aug 18, 2021 6:48 pm

Correct.

She applies for a gtv dependent extension before her gtv dependent visa expires. It will be a 3 year extension if you have ilr.
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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by krishnakumarg » Wed Aug 18, 2021 6:53 pm

CR001 wrote:
Wed Aug 18, 2021 6:48 pm
Correct.

She applies for a gtv dependent extension before her gtv dependent visa expires.
Thank you. How many weeks/months before her current GTV expires can she apply for an extension?
CR001 wrote:
Wed Aug 18, 2021 6:48 pm
It will be a 3 year extension if you have ilr.
Sigh. That will be a huge problem. A 3-year extension if I have ILR (or have been naturalised) won't still cover 5 qualifying years. Even if I apply for her initial GTV dependent BRP immediately, she would have spent only 4 years in total as a GTV dependent (since I hope to get my ILR by mid Sep 2022).

Why is the GTV dependent extension only permitted for 3 years (if the main GTV holder has obtained ILR or has been naturalised)? Is there a UKVI guidance on this somewhere?

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Re: What is the fastest route to settlement for my potential GTV dependent wife?

Post by CR001 » Wed Aug 18, 2021 6:57 pm

Thank you. How many weeks/months before her current GTV expires can she apply for an extension?
Any time before visa expiry. She can apply up to the visa expiry date, she doesn't have to apply as soon as you get ilr.
Sigh. That will be a huge problem. A 3-year extension if I have ILR (or have been naturalised) won't still cover 5 qualifying years. Even if I apply for her initial GTV dependent BRP immediately, she would have spent only 4 years in total as a GTV dependent (since I hope to get my ILR by mid Sep 2022).
Then she will have to apply for another 3 year gtv dependent extension.

There is also no limit on how long she can hold a gtv dependent visa. There is no "5 year max" limit.
Char (CR001 not Casa)
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