dependent visa of tier 1

Hi

Ineed some urgent help.

I have come to india to apply for the dependant visa of tier 1 general..i currently have student visa for uk.

I have consulted a family visa consultant to check if all the documents are correct and he identified a problem..

I am staying in two bed house with my husband and my brother in law. We have made the agreement on my name to avoid the council tax as students are exempted from council tax..Now according to the consultant as i am applying for dependant of my husband, the house agreement should be on my husband's name as me being a student how can i afford to pay the monthly rent of a two bed house...

He said its better if i dont apply for visa and go back to uk and get an extension as a student.

So my question is is it fine if i dont attach the tenancy agreement or can just give bank statements as address proof...plz help me..its very urgent.


Thanks
Neha

Plese advice..

IMHO, the consultant may be right in his opinion. Are you showing maintenance funds in your own account or your spouse's? If the latter then ECO may question your ability to pay rent for a 2 bedroom home (privately rented) while in UK as a student.

nehagharge wrote:We have made the agreement on my name to avoid the council tax as students are exempted from council tax.

Are you not paying any council tax at all? If not, you may be in trouble.

Students and Council Tax wrote:If you live in university halls, or in a house where everyone is classed as a full-time student for Council Tax purposes, you’ll be exempt from paying Council Tax. The rules are different if you live with someone who’s not a full-time student – but your household could still get a discount.

And, avoid "urgent / very urgent" in every topic subject line.



regards

Hi Sus,

Thx for ur immedaite reply..and sorry for the inconvenience..My brother in law is as well a student, so i have consulted the council tax office and they said i need not pay the council tax if there are two or more students staying in the same flat.So i have included my brother in laws name as well.


What should i do now? I have come all the way to india for this as i got refused from uk for dependant.

The documents which i have ready with me now

vaf form
3 mths bank statement with 1350 maintenance on the current address
emails conversation
electoral confirmation on the old addresss( This to show that we have been staying together since i have come to UK)
photpgraphs
marriage certificate
marriage photos
college letter

But is tenancy agreement mandatory?

Are there any chances to get refused again?

Rgds
neha

nehagharge wrote: so i have consulted the council tax office and they said i need not pay the council tax if there are two or more students staying in the same flat.So i have included my brother in laws name as well.

You get 100 % discount if all persons living there are students.
In this case you should have got only 25% discount. I know, it's of no help to your question, just trying to correct your assumption. You clearly have not told about your husband's stay to council.

You better apply attach a tenancy agreement with your name,dont go back u can get visa from india,apply attaching tenancy agreement,i dont think so its a matter which you can resolve in india.Solicitor not needed in that case.

I dont see that as a problem. Precisely for the purposes of issues like this i.e. accommodation etc. has the HO enforced Maintenance Fund requirements. Equally, as a dependant, one is eligible to work and payment of a lease rent should not be a problem (in future) and in normal circumstances the ECO should not question a dependant's ability to pay his/her rent just on the basis he/she is not currently employed.

Re past - you have clearly claimed council tax exemption incorrectly. When you get back you can inform the council about it and pay what you should have honestly paid.

re Student paying the lease rent: How do you reckon 100 thousands of other students pay off their lease rents? I know that HO requires Tier-4 applicants to demonstrate their ability to maintain themselves in UK but as a Tier-1 dependant (1) you are eligible to work and (2) your spouse as a main applicant in any case has a shared responsibility for the same.

Hi All,

Thanks for the advise..i didn't knew just a tenancy agreement would be an issue in my application.

As tenancy agreement is not a mandatory requirement, i might not include it in my application as i assume tenancy agreement is required if the wife or husband is applying for the first time from india to UK, but in my case i have already been staying in UK with my husband from the past 18 mths.

I will mention about this clearly in the covering letter and once i go back i will sort out the council tax isse as well.

Please correct me if i am wrong..

Hi All,


As said before i have consulted a family consultant here in india just to get the documents in order and he first identified the problem of tenancy agreement and now he is saying that as i stlll have the student visa and i am still pursuing my mba, i may not be able to switch into dependant unless i complete my studies, as bhc might think that i wanted to enter UK with the intention of getting married and as i have been refused earlier in may 2010 (in country dependent application,because i didn't enter as the partener of tier 1) i might get refused again. Being a student and getting the refusal again may leave a negative impression on my file.

The negative points which he told us is

I am still continuing my studies. I entered UK in april 2009 and was not able to start my course as i was sick and started my course in next term that is august 2009 and course i valid until feb 2011)

I dont have the tenancy agreement and utility bills
Atlast he said that its upto me if i wish to consult a qualified visa consultant

Looks like my case is getting more complicated..

Any opinions??

nehagharge wrote: bhc might think that i wanted to enter UK with the intention of getting married

You said, you are married, aren't you?

There is no law to state that a student cannot change his/her immigration status from student / Tier 4 to dependent of Tier 1 migrant if he/she is currently pursuing studies.

As for the tenancy agreement, the immigration rules do not dictate that the UK based Tier 1 sponsor (your spouse) must provide evidence of his income and accommodation when a dependent applies for EC. If people show these documents, it is their choice and will and not because the immigration rules demand so. Immigration rules dictate that the dependent(s) fulfil the maintenance funds requirement as evidence of maintenance and accommodation.

Can my dependants join me in the UK? wrote:They must be maintained and accommodated in accordance with the section on Maintenance (Funds) above and your partner must not intend to stay beyond any period of leave granted to you.

See also Paragraph 319A to 319K and Appendix E of the immigration rules.

In your case, if you wish to submit the tenancy agreement as (additional but not mandatory) evidence then, as I have stated above, the ECO may question the absence of the main sponsor as a joint tenant and also your ability to pay for the rent being a student. ECO will have access to earlier application(s) as student and evidence(s) of finances provided alongwith ... to ascertain whether you were (and continue to be) capable of paying rent stated in the tenancy agreement. I am not saying that this will definitely be a problem, but the more evidence you provide higher will be the probability that the ECO scrutinizes each of the presented evidence(s) in detail and decides on your application on balance of probabilities.

e.g. - with the hat of an ECO I come across a dependent (Tier 1) application wherein the applicant (dependent) has submitted a tenancy agreement which shows joint tenants as the applicant (dependent) and a third named individual. First question that comes to my mind is - why is the Tier 1 migrant not named in the agreement when it is the Tier 1 migrant who is the earning member in the family? The second question that comes to my mind is - since the Tier 1 migrant is not named in the tenancy agreement, is the applicant really living with the migrant or with someone else (the joint tenant)? Is the applicant lying about his/her marital relationship with the Tier 1 migrant and/or is the relationship actually subsisting? Or is it that the Tier 1 status of the main migrant is being "used" to obtain a visa fraudulently (e.g. - married to the migrant but the relationship has broken down and the applicant is, in reality, in a relationship with the person co-named in the tenancy agreement). Do remember that subsisting relationship with sponsor is a mandatory requirement for EC as a dependent.

Get my point?

IMHO, best that you do not include tenancy agreement in your application. Provide payslips of your spouse instead, if you wish to convince the ECO that he/she has the financial means (over and above the maintenance funds) to maintain and accommodate you. But if you do wish to include the tenancy agreement, then get your spouse's name added as a joint tenant and submit the modified agreement.


regards

yes i am married..i got married in march 2010.

So it means i still have the chance to apply the dependant visa..i am not going to include the tenancy agreement..

If my course is not going to create a problem , then i will just go ahead and apply..

Please let me know if i need to add any more documents to make my case more positive.

vaf10
marriage certificate
marriage fotos
electoal register forms of both of us which can show that we have been staying together.
email conversations
PGADMS certificate
college ref letter
bank statements
virgin media bill
foto copies of my husbands passport


Rgds
neha

Hi All,

I have dropped my application on 11th october..(VFS Hyderabad)

Thanks for all your inputs and advise.

Hi All,

Have got my dependant visa on 22nd oct.


Thanks for all ur support specially to susd mehta and push for their right advise.

nehagharge wrote:Hi All,

Have got my dependant visa on 22nd oct.


Thanks for all ur support specially to susd mehta and push for their right advise.

Glad to hear that the outcome was positive. Can you please, for the benefit of others, post the information on what all documents you finally submitted?

Don't forget to sort out the council tax, or it could cause you a lot of trouble later on.

I have submiited a big list of documents as i didn't wish to take any risk.


1.VAF10
2.passport size photo
3. 3 months bank statement with 1333 pounds as maintenance(joint account)
4. Marriage religious and legal certificate
5.Marriage pics and invitation card
6. College reference letter stating i am pursuing my studies and i am a regular student( as i was on student visa)
7. Virgin media phone bill on my husbands name
8. Email conversations(2008)
9. Tenancy agreement on me and my husbands name
10.Photocopy of my husbands passport and visa
11.Husaband payslips, employer letter, P60,Sponsor letter.
12.Previous visa refusal letter(in country application)
13. Electoral letter confirming our previous address ( to prove that i have been with my husband since i have come to UK)
14. Photocopy of date of travel stamp of my husbands passport( just to prove that we have travelled together to india for the same puprose previously i.e marriage)

Thanks..