Spouse working @India, need leave-letter from her employer ?

[simantadatta]

Hi Folks

Both me and wife are in India now and applying for my Tier-2 (ICT) work permit along with wife's Dependent visa. My wife is working in another company in India and it seems that my company(the sponsor) needs a "leave letter for 1 year" or "resignation letter" from HER company for her dependent visa processing.

My company (sponsor) is one of the biggest IT company in India and they won't do anything without a proper reason behind, but I don't see such document (leave or resignation letter) mentioned at the VFS or UK Visa website as a pre-requisite for dependent Tier-2 (ICT) visa. We don't have a child, but if we had one, my company would have also needed my child's leave letter from his school !.. Even that is not mentioned as a requirment for dependent visa processing in VFS website.

I am considering 2 options..

1. Not disclose that my wife is working and get her visa processed - I don't think UKBA cares, and plus, how will my wife resign from her company when there's chance of visa rejection anyway !!
2. Try to convince my company, but if I go in that route and not able to win, then they will probably not process her dependent visa application.

Any opinions, inputs pls ? Is there any such rule really ? Where can I get more info ?

Thanks,

[geriatrix]

There's one simple rule when it comes to immigration matters - do not lie / provide false information. Penalties can be severe (e.g.- ban from entering UK for 1-10 years).

Such documents are sometimes required e.g. - when applying for visitor visa, the applicant may be required to prove that he has permission from his employer to be away from work (leave) during the days he plans to visit UK. In India, govt. employees are required to submit a NOC from their departments for their visa application to be processed.

Though the policy guidance doesn't specify anything of this sort, and AFAIK, local BHCs in India have not specified any such requirement at the local level. All you need to do is to sort this out with your employer.

My personal suggestion would be that you do not provide false information on the visa application form(s).


regards

[simantadatta]

But I am not lying.

The VAF10 form DOES NOT ever ask whether the spouse is working or not. So I don't "say" or "no say" what is not asked...And it's not in the document checklist of VFS india even.

For visitor visa I saw in the some other country's VFS website they have mentioned requirement of the a "leave letter".. but even in that VFS website there's no mentioning of a "leave letter" for dependent visa.

Now I am even more worried ! Where can I get more information ?

[geriatrix]

Though the policy guidance doesn't specify anything of this sort, and AFAIK, local BHCs in India have not specified any such requirement at the local level.

I never said that VAF10 asks for such information and you'd be lying if you don't state the truth. Instead, all I suggested was that you do not lie / provide false information in any application form.

If VAF10 doesn't ask for such information, then it is just a procedural issue between you and your employer that *you* need to sort out with them. Simple!


regards

[simantadatta]

If a lie/hiding information is involved, then that is me hiding information from my employer, but not from UKVisa... and I understand that you understand that

May be someone who has got T2 dependent visa from India can help me here.

[simantadatta]

This is exactly what is written in the guideline of my Company.

1. For Spouse who is employed and is applying for a dependent visa, please get either a relieving letter [ if quitting the job] or a leave letter stating that her company has no issues in granting her a leave for a period of at least one year . This is mandatory while applying for a dependent visa application, failing which the dependent visa may not be granted, instead may ask you to apply for a family visit visa.
2. For child who is studying , please get a transfer letter from the school , failing which the dependent visa may not be granted, instead may ask you to apply for a family visit visa.

But nothing of this sort is written in the ukvisa or vfs site !

[simantadatta]

Checked with few friends and realized that most BIG IT companies in India (TCS, Infosys, CTS) have this policy and some say that if a "Leave Letter" is not possible then the spouce's company should provide an NOC letter saying they have no objection that their employee's (the spouse) dependent visa is being processed by some other company.... and this is applicable for US and UK both !

Could it be that this is only a requirement at the Company level to safeguard themselves from any issues raising from spouses company objecting her visa processing in future ?

Today I will call up the VFS (they have a delhi number) and verify.. don't hope to get much info though, they will just show me the website probably, but lets see.

[simantadatta]

Mods - is it possible to lock/delete this thread and open up the other http://www.immigrationboards.com/viewtopic.php?t=57739 ?

I just realized that I needed to know first hand info from ONLY those who filed any UK Tier 2 dependent visa from Mumbai or Pune and get the first hand information from them.... NOT any arguement or question about whether such rule exists, OR if it should... OR what should I do now.. Ofcourse, those helped too.. but not in the primary area.. And this situation seems to be applicable only for Tier2, thats why I posted it to the Tier2 forum