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Hi,

I am currently on a tier 2 ict visa. I am planning to apply for a ILR next month.

My partner was initially with me and had spent 2 years in UK (not continuously) but she is in India currently for holidays.
Can you please let me know if my wife can apply as a dependent once I have completed my ILR?

I am bit confused with the rules mentioned below:

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.

Does this mean dependent visa for partners are closed if dependent had an visa earlier in Tier 2 dependent category?

Thanks in advance.

any advice pls?

globalindian wrote:any advice pls?

What is your spouse's current status, has her visa expired? Are you applying for ilr as a PBS applicant?

D4109125 wrote:

globalindian wrote:any advice pls?

What is your spouse's current status, has her visa expired? Are you applying for ilr as a PBS applicant?

Yes her visa has expired now. Yes I am planning for ilr dependant..not sure if it is pbs. but she have to apply from india I guess.

Are you applying for ILR based on 5 years PBS or 10 years long residence? If the former, apply for a dependant under the relevant category of points-based system. See http://www.ukba.homeoffice.gov.uk/sitec ... /vaf10.pdf

D4109125 wrote:Are you applying for ILR based on 5 years PBS or 10 years long residence? If the former, apply for a dependant under the relevant category of points-based system. See http://www.ukba.homeoffice.gov.uk/sitec ... /vaf10.pdf

Thanks D4109125. Yes I am applying for myself under 5 years ILR category i.e. SET O forms etc.

But I was planning to apply for dependent ILR category from India. Are advising that my wife has to apply for tier 2 ict dependant rather than ILR partner? Or is she applicable for applying ILR dependent visa? This is because I will be holding ILR visa by the time my wife will be applying for dependent visa.

Basically I got confused with their rules mentioned in :
http://www.ukba.homeoffice.gov.uk/visa ... you-apply/
Thanks

See also Coming back to the UK after resident visa has expired.

vinny wrote:See also Coming back to the UK after resident visa has expired.

THanks Vinny but will you be able to help on the above query please?

The answers in the given link is also applicable to your query.

vinny wrote:The answers in the given link is also applicable to your query.

Thanks Vinny. I got your point as per the link which you have mentioned.
i.e. http://www.ukba.homeoffice.gov.uk/visas ... outside-uk/.
But if you again click on the Can you apply link it says:

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

-is settled in the UK and was granted settlement as a points-based system migrant; or
-has British citizenship having been granted settlement as a points-based system migrant.

Can you please help with the above explanation? I am unable to make out what UKBA is trying to highlight here and if my spouse will be impacted because of the above rule.
Thanks

An entry clearance application is not a leave to remain nor indefinite leave to remain application.

Sorry Vinny. But I didn't get your point. Not sure what you wanted to explain with respect to entry clearance. Can you please throw more light on this one please?
I was referring to Can you apply http://www.ukba.homeoffice.gov.uk/visas ... you-apply/ section from your link which relates to Rules for Partners or family of settled person.

vinny wrote:An entry clearance application is not a leave to remain nor indefinite leave to remain application.

My point is that your quote is not applicable to entry clearance applications. It's only applicable to in-country applications.

Can you apply? wrote:You cannot apply for leave to remain or indefinite leave to remain in a partner category ...

vinny wrote:My point is that your quote is not applicable to entry clearance applications. It's only applicable to in-country applications.

Can you apply? wrote:You cannot apply for leave to remain or indefinite leave to remain in a partner category ...

Ok thanks Vinny for the explanation. Though I couldn't make anything out of this one I can understand that my spouse can apply for a dependent visa under VAF4 visa details as a dependent of an ILR visa holder who was previously under Tier 2 category.

Thanks

Hi globalindian,

Finally which route you choose for your wife's visa?

I am in same situation, I just got ILR through PBS 5 year route (I was on Tier 1 before ILR). I am planning to apply dependent visa for my wife from India.

Many thanks in advance.

Thanks,
Vatsal

Hello Dude,

I got through Dependent of Settlement (Family settlement route) VAF4A Form.
Good luck,

Thanks