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Tier 1 extension along with a fresh dependant application

Only for UK Tier 1 (General) points system

Tier 1 (General) points calculator | more about Tier 1 (General)

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viper555
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Tier 1 extension along with a fresh dependant application

Post by viper555 » Wed Mar 09, 2011 6:25 pm

I'm currently on Tier 1 General (granted in July 2008), due for extension in July 2011.
I got married couple of months back and she's currently on a UK student visa (She's in the UK for the past one year as student).
Whilst applying for my extension (I'm planning to apply for extension as soon as possible), can I file her dependant application along with my extension?
Could you also advise me on the following questions please:
1. If she can, the fees would be £250 (reduced cost) if I post in the same application?
2. How much maintenance fund I should show to support her? (I've been in the UK for more than 12 months)
3. What extra documents I need to provide for dependant application? (Marriage certificate etc?)


Many thanks for your help.

Sushil-ACCA
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Location: Wembley Park

Re: Tier 1 extension along with a fresh dependant applicatio

Post by Sushil-ACCA » Wed Mar 09, 2011 10:02 pm

viper555 wrote:I'm currently on Tier 1 General (granted in July 2008), due for extension in July 2011.
I got married couple of months back and she's currently on a UK student visa (She's in the UK for the past one year as student).
Whilst applying for my extension (I'm planning to apply for extension as soon as possible), can I file her dependant application along with my extension?

yes
Could you also advise me on the following questions please:
1. If she can, the fees would be £250 (reduced cost) if I post in the same application?
2. How much maintenance fund I should show to support her? (I've been in the UK for more than 12 months)

800+533

3. What extra documents I need to provide for dependant application? (Marriage certificate etc?)

to prove relationship

jt bank a/c
jt insurance policy
name in passport as husband wife vises versA
jt property a/c


Many thanks for your help.
CDOKS

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

Post by vinny » Thu Mar 10, 2011 7:51 am

I don't think that she can switch (319C(h) is not satisfied).

See also Guidance - Tier 1 (General) Dependent application.
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.

viper555
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Joined: Wed Mar 09, 2011 6:20 pm

Post by viper555 » Thu Mar 10, 2011 10:41 am

Many thanks for your advice.

I'm slightly confused with the contradictory responses. It seems illogical that she has to go back to India to get the dependant visa when she clearly has the right to remain in the UK. Had someone gone through a similar situation here? Can anyone give a comprehensive advice on this please?

Cheers

Greenie
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Post by Greenie » Thu Mar 10, 2011 10:53 am

viper555 wrote:Many thanks for your advice.

I'm slightly confused with the contradictory responses. It seems illogical that she has to go back to India to get the dependant visa when she clearly has the right to remain in the UK. Had someone gone through a similar situation here? Can anyone give a comprehensive advice on this please?

Cheers
the first poster (Sushil) did not make any reference to the law and his/her answer was incorrect.

Vinny has referred to the law which confirms that she cannot switch in country because you can only apply for leave to remain as a points based system dependent if you fit within 319C(h). Just because someone has leave to remain in the UK does not mean that they can always apply to 'switch' the basis of their leave from within the UK.

viper555
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Post by viper555 » Thu Mar 10, 2011 11:18 am

The paragraph also states:

If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 4 for or have entry clearance or leave to remain for a course of study that is longer than six months.

I believe Tier 4 is a student visa and this qualifies for switch?

Apologies if am incorrect. Please let me know your thoughts.

geriatrix
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Location: does it matter?

Post by geriatrix » Thu Mar 10, 2011 11:20 am

viper555 wrote:The paragraph also states:

If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 4 for or have entry clearance or leave to remain for a course of study that is longer than six months.

I believe Tier 4 is a student visa and this qualifies for switch?

Apologies if am incorrect. Please let me know your thoughts.
In this case, the "relevant" PBS migrant being referred to is you - not your wife.


regards

jeff84
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Post by jeff84 » Sun May 15, 2011 9:30 pm

So to confirm, if I (Tier-1 General) marry a student (Tier-4 visa) in UK, she will not be able to apply for a Tier-1 dependant visa from within the UK, but will have to go back to her home country as a married person and apply from there?

aruni4470
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Location: Cambridgeshire

Post by aruni4470 » Sun May 15, 2011 9:37 pm

Yes, she will have to go back to her home country and apply

How you can switch in to the dependant route
You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:
an innovator;
a participant in the Fresh Talent: Working in Scotland Scheme;
a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
a postgraduate doctor or dentist,
a student;
a student nurse;
a student re-sitting an examination;
a student writing up a thesis; or
a work permit holder.

http://www.ukba.homeoffice.gov.uk/worki ... dantroute/

jeff84
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Post by jeff84 » Sun May 15, 2011 9:44 pm

Thanks for your quick answer, I am very surprised that despite we will get married while in the UK and live married for some time, she will have to go back to her home country and apply from there, what is the rationale?

What if she switches to Tier-2 visa after her Tier-4 visa, will she also have to leave and apply from home?

aruni4470
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Location: Cambridgeshire

Post by aruni4470 » Sun May 15, 2011 9:49 pm

jeff84 wrote:Thanks for your quick answer, I am very surprised that despite we will get married while in the UK and live married for some time, she will have to go back to her home country and apply from there, what is the rationale?

What if she switches to Tier-2 visa after her Tier-4 visa, will she also have to leave and apply from home?
How to switch into Tier 2 (General)
This page explains which immigration categories you can switch from into Tier 2 (General) of the points-based system, if you are already in the UK.
On this page
The categories you can switch from
Switching from a post-study category
The categories you can switch from
You can switch into Tier 2 (General) from the following immigration categories:
any Tier 1 category
Tier 2 (Sportsperson)
Tier 2 (Minister of religion)
any Tier 4 category
Tier 5 (Temporary worker - Creative and sporting), for a job as a professional footballer - but you cannot switch unless you can meet the Tier 2 requirements, including English language
dependant partner of a Tier 4 migrant
Highly Skilled Migrant Programme
innovator
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme)
Business and Commercial work permits (except multiple entry work permits)
Sports and Entertainment work permits (except multiple entry work permits)
Jewish agency employee
Member of the operational ground staff of an overseas-owned airline
minister of religion, missionary or member of a religious order
overseas qualified nurse or midwife
person writing up a thesis
postgraduate doctor or dentist
representative of an overseas business
student
student re-sitting an examination
student nurse
student union sabbatical officer
If you are not in any of these categories, you must leave the UK and make a new application at your local entry clearance post.
If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination or student union sabbatical officer, you must have successfully completed a course lasting at least 1 academic year during your current or most recent permission to stay.

http://www.ukba.homeoffice.gov.uk/worki ... switching/

jeff84
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Post by jeff84 » Sun May 15, 2011 9:57 pm

This basically suggests that irrespective of whether she is on Tier-4, Tier-2, or even Tier-1 visa in UK, to obtain a dependant visa, she will need to apply from home. Correct?

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