Spouse visa change

[babida2011]

I need an advice. I was on HSMP visa which was valid till Marsh 2012. My wife and children were dependents on my visa.

I have recently got the ILR on long residence (10 years) category. I understand that I can apply for registration of my children who were born in UK however I am not sure about the status of my wife's visa.

The question is: Does she have to change her visa using the form FLR (M) as a spouse of a settled person? Or could she (if she wishes) continue on current HSMP dependent visa which is valid till March 2012?

By the way she will be due for IRL August this year (10 years)

Sorry for the details but I wanted to make it clear.

Many thanks

[babida2011]

No answers yet! was it an awkard question?

[vinny]

If she is not travelling, then she may continue and apply for ILR (Long residence) when eligible. Else, she should switch.

[babida2011]

If she is not travelling, then she may continue and apply for ILR (Long residence) when eligible. Else, she should switch.

Thanks for replying Vinny but I need some more clarification as I did not undrstand what did you mean but not travelling.

she plans to travel (for a holiday) this summer before she applies for IRL in July.

[vinny]

Unless she switches, she shouldn't travel outside the UK. She may be refused entry as a Tier 1 dependant because of her change of circumstances (321A).

[babida2011]

Unless she switches, she shouldn't travel outside the UK. She may be refused entry as a Tier 1 dependant because of her change of circumstances (321A).

Thank you vert much Vinny. this is an update. I emailed the IND Public Enquiries regarding my wife's visa switch and here is the the reply:

Dear Mr .........,

Thank you for your enquiry.

Please be advised your wife will be required to complete two years on a spouse visa in the UK before she can apply for indefinite leave to remain.

If your wife will apply for indefinite leave to remain in the UK on the basis of long residency in June 2011, she is not required to switch to spouse visa now.In order to apply your wife will need the application form SET(O), which is available from our website at: www.ukba.homeoffice.gov.uk
All details and instructions are included with the form.

She must provide as much evidence of her stay in the United Kingdom as possible. Letters from past employers, her General Practitioner, P60s and her passport are all essential to support the application.

Please note, she will be required to demonstrate knowledge of life in the United Kingdom as well as language ability. Please visit our comprehensive website at www.ukba.homeoffice.gov.uk for further information.

Yours sincerely,

.................
Immigration Group
UK Border Agency

The paragraph in bold clearly says she is not required to switch if she will apply for IRL in July. I am now confused and I do not want to see my wife refused entry when she comes back from holiday.

Any advice please.

Can she show this email as evidence from HO if she is challenged by the immigration officer when coming back from holiday (May 2001)?

[vinny]

The UKBA's response did not explain what may happen if she travels on her current leave.

[babida2011]

The UKBA's response did not explain what may happen if she travels on her current leave.

Many thanks Vinny. very quick reponse.

Could you please explain why the visa would be valid only if she does not travel. I guess if the leave to remain as a Tier 1 dependent will not be accepted by the immigartion officer at the airport, it then woul not be accepted by the HO when she applies for IRL in July 2011.

Regards

[vinny]

I believe that if her leave hasn't been curtailed, then she may remain in the UK on it. However, if she travels, then she may be refused entry into the UK because of her change of circumstances (321A).

Different rules apply?

Therefore, ask the UKBA for written clarification if she wishes to travel.