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Question regarding Tier1 E dependent application

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Zoan
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Posts: 2
Joined: Tue Feb 18, 2020 5:25 pm
Azerbaijan

Question regarding Tier1 E dependent application

Post by Zoan » Tue Feb 18, 2020 5:48 pm

Dear Immigrationboard members!

Please help me to with the following issue.

Prior to describing the issue, I want to clarify the following:

- I am a married man, however, at present my wife and me we live separately (due to her family commitment she has to be in her home country for the last year, but we officially married and have kids). So I live in UK and she temporarily lives outside UK.
- I am currently on Tier 2 visa expiring in Mid march, 2020 and my sponsor is not going to extend the sponsorship for me.
- My wife has already got Tier 1 Innovator visa (entry clearance, her visa starts on March 10).
- I want to switch from Tier 2 to her dependant in order to continue to work. And I have already found a job but they cannot sponsor me, but they will be waiting for my dependent visa so I legally can work. However, they want me to start as soon as possible.
- I want to apply for dependent visa from UK, on the basis of her Entry Clearance visa number (not BRP, she can collect only after she enters UK, after March 10).

Questions:
1) Can I still apply to join my partner with dependent visa, but from inside UK while she is outside UK and has not in UK yet/not collected her BRP. I assume that they visa application system is built around the notion that family members apply as a dependent to join partners from outside UK. Will this be an issue?

2) HO is asking for a proof of our living together, which we do not have for the reason that she lives outside UK. Should I explain this in a separate letter? We have a marriage certificate.

Thank you in advance!

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marcnath
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Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Question regarding Tier1 E dependent application

Post by marcnath » Tue Feb 18, 2020 10:34 pm

Zoan wrote:
Tue Feb 18, 2020 5:48 pm
Dear Immigrationboard members!

Please help me to with the following issue.

Prior to describing the issue, I want to clarify the following:

- I am a married man, however, at present my wife and me we live separately (due to her family commitment she has to be in her home country for the last year, but we officially married and have kids). So I live in UK and she temporarily lives outside UK.
- I am currently on Tier 2 visa expiring in Mid march, 2020 and my sponsor is not going to extend the sponsorship for me.
- My wife has already got Tier 1 Innovator visa (entry clearance, her visa starts on March 10).
- I want to switch from Tier 2 to her dependant in order to continue to work. And I have already found a job but they cannot sponsor me, but they will be waiting for my dependent visa so I legally can work. However, they want me to start as soon as possible.
- I want to apply for dependent visa from UK, on the basis of her Entry Clearance visa number (not BRP, she can collect only after she enters UK, after March 10).

Questions:
1) Can I still apply to join my partner with dependent visa, but from inside UK while she is outside UK and has not in UK yet/not collected her BRP. I assume that they visa application system is built around the notion that family members apply as a dependent to join partners from outside UK. Will this be an issue?

2) HO is asking for a proof of our living together, which we do not have for the reason that she lives outside UK. Should I explain this in a separate letter? We have a marriage certificate.

Thank you in advance!
While you can apply from within the UK normally, I can't see HO approving it when the main applicant is not in the country. The objective of a dependant visa is to join the main applicant in the UK.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Zoan
Newly Registered
Posts: 2
Joined: Tue Feb 18, 2020 5:25 pm
Azerbaijan

Re: Question regarding Tier1 E dependent application

Post by Zoan » Wed Feb 19, 2020 8:31 am

While you can apply from within the UK normally, I can't see HO approving it when the main applicant is not in the country. The objective of a dependant visa is to join the main applicant in the UK.
Thanks! So, should I wait until my wife arrives in UK then, and apply after?

I cannot find in the gov.uk website, but is there any premium service when applying as a dependent?

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