Tier 1 dependent - Query

[boardUser]

Hi

Need to discuss a bit complicated case ....

My wife came to UK this year on Tier 1 dependent and she has got the visa till the end of this year (same date as mine). I plan to apply for the extension for my self however she has plan to go back to the home country in December and not apply for the extension right now.

My query is that if I get an extension and later on (may be middle of the next year) she applies for the dependent visa again from outside the UK then would she be able to get it or is it likely that she will get a refusal.

Any thoughts appreciated.

Thanks

[geriatrix]

She may apply for EC if and when she wishes to, but may be subject to the new rules introduced on 09-Jul-12 (read 5 years to settlement from the date she enters UK with the new EC).

[boardUser]

Thanks for the quick response

Yea that's fine, as long as UKBA doesn't have any 'technical' issues with her doing that (like I mean I will show that we have got funds, and our relation ship is sustaining etc etc) but apart from that as long as I have got an extension then she is able to apply for her's from the home country (even though she has already been here on Tier 1 dependent visa but did not renew it upon expiry and instead went back for some time).

Please let me know if anyone sees problems in doing that.

[geriatrix]

Applying for EC is not a problem. UKBA cannot question why she traveled abroad and applied for EC to return, rather than applying for extension from within the UK before she left / before her leave expired.