ILR due, wife on Tier 1 dependant in India, what's her statu

[destiniation_london]

Here's my situation - I'm due (infact overdue by 2 months) for my ILR and would be applying soon. My route is 2.5 years Workpermit and 2.5 years Tier 1 which is valid till May 2012.

I got married last year and my wife travelled to UK on tier-1 dependent in September 2010, she too has visa valid till May 2012. She's at the moment in India with my new born son and cannot travel till early next year.

I underastand she's not eligible for ILR along with me as she has not completed 2 years in UK with me.

My question is what would be her visa status when she wants to travel early next year.

Does she needs to be converted to ILR dependent, also as my son was born in India does he needs to have ILR dependent too? what is the length of time ILR dependent is valid?

[geriatrix]

Assuming you apply for ILR (and are granted) before you family travels to UK:
1. Your spouse will need to apply for entry clearance as spouse of a settled person.
2. Your child will need to apply for entry clearance as child of a settled person.

Assuming you do not apply for ILR until you family travels to UK (or you apply for settlement but they travel to UK before you are granted settlement):
1. Your wife can travel to UK as a Tier 1 (General) dependant and will need to switch to FLR(M) .. at the same time as you apply for settlement or after you are granted settlement or during the period inbetween.. and definitely before her current leave expires.
2. Your child will need to apply for entry clearance as dependant of Tier 1 (General) migrant. You may then include your child as your dependant in your settlement application (if you haven't applied for it by then).

[geriatrix]

Unique query (atleast afaik)...

I'm due for my visa appointment in another 10 days (has been postponding it for quite long due to some personal commitments).

My wife was here in UK on Tier -1 dependant and then she travelled to India for birth of our child.

Now, I understand her tier-1 dependant visa will not hold true post my ILR and she along with our kid need to apply for spouse visa and dependant visa to come and join me.

I was just wondering if my wife comes to UK just for couple of weeks and applies for ILR dependant (i believe FLR(M) as she hasn't completed 2 years in uk) with me, would that be possible or is there anything that stops her from doing that.

I know she can't travel with Kid but atleast her visa would be done and then later on we can apply for visa for Kid from India and hopefully it will a little bit quciker process as compared to spouse visa from india.


Hopefully, I was able to explain my situation.

Please any suggestions or advise si greatly appreciates.

Thanks

[geriatrix]

She would forfeit her passport during the application. Her stay in the UK would be for that indeterminate period; meanwhile the child is in India (presumably in the care of relatives).

[destiniation_london]

She would forfeit her passport during the application. Her stay in the UK would be for that indeterminate period; meanwhile the child is in India (presumably in the care of relatives).

Many thanks for your prompt reply.

Sorry, but am just confused, why would she forfeit her passport as she has valid Tier-1 dependant visa at the time of application and she's legally in UK when doing application.

On another note, if she does travel on her dependant visa before I switch to ILR and later on if she does not apply for FLR(M) with my ILR .. how long can she stay in UK legally and how sooner she has to leave it.

I understand this all questions may sound a bit confusing, but am trying to explore all options due to some personal reasons.


Many thanks for your replies.

[Greenie]

She would forfeit her passport during the application. Her stay in the UK would be for that indeterminate period; meanwhile the child is in India (presumably in the care of relatives).

Many thanks for your prompt reply.

Sorry, but am just confused, why would she forfeit her passport as she has valid Tier-1 dependant visa at the time of application and she's legally in UK when doing application.

On another note, if she does travel on her dependant visa before I switch to ILR and later on if she does not apply for FLR(M) with my ILR .. how long can she stay in UK legally and how sooner she has to leave it.

I understand this all questions may sound a bit confusing, but am trying to explore all options due to some personal reasons.


Many thanks for your replies.

When she applies for FLR(M) she will need to submit her passport, and therefore will not have her passport and indeed will not be able to leave the UK whilst her application outstanding (as otherwise her application will be deemed withdrawn)

[destiniation_london]

She would forfeit her passport during the application. Her stay in the UK would be for that indeterminate period; meanwhile the child is in India (presumably in the care of relatives).

Many thanks for your prompt reply.

Sorry, but am just confused, why would she forfeit her passport as she has valid Tier-1 dependant visa at the time of application and she's legally in UK when doing application.

On another note, if she does travel on her dependant visa before I switch to ILR and later on if she does not apply for FLR(M) with my ILR .. how long can she stay in UK legally and how sooner she has to leave it.

I understand this all questions may sound a bit confusing, but am trying to explore all options due to some personal reasons.


Many thanks for your replies.

When she applies for FLR(M) she will need to submit her passport, and therefore will not have her passport and indeed will not be able to leave the UK whilst her application outstanding (as otherwise her application will be deemed withdrawn)

Sorry i wasn't clear in my query, I meant if she applies in-person with me.

Also, on another query, how long after my approval of ILR can she be on Tier-1 dependant after which she has to apply for FLr(M) or return back to India.

Many thanks for your replies, really appreciate it.

[Lucapooka]

She can't apply in person with you. Or at least it would be very difficult to coordinate. You are not applying jointly and her application is contingent on yours; you having been granted ILR beforehand. I'm not aware that they take bookings in series where they process one application and then immediately look at the other on the basis of the first. Perhaps you could make an appointment for later the same day or the next day but not at the same time. Wait for more comment on this.

Additionally, if you don't have a straightforward case, and it's held over for a decision sent to you in the post, she then can't apply for herself.

[destiniation_london]

She can't apply in person with you. Or at least it would be very difficult to coordinate. You are not applying jointly and her application is contingent on yours; you having been granted ILR beforehand. I'm not aware that they take bookings in series where they process one application and then immediately look at the other on the basis of the first. Perhaps you could make an appointment for later the same day or the next day but not at the same time. Wait for more comment on this.

Additionally, if you don't have a straightforward case, and it's held over for a decision sent to you in the post, she then can't apply for herself.

Many thanks, that makes it a lot clearer.

On another query, do you know how long can my wife stay on Tier-1 dependant visa after me switching to ILR.

I tried looking UKBA website, but couldn't find anything relevant. Are you aware of any links to this information.

[geriatrix]

I got married last year and my wife travelled to UK on tier-1 dependent in September 2010

Your wife will not be eligible for settlement until September 2012!

On another query, do you know how long can my wife stay on Tier-1 dependant visa after me switching to ILR.

She may "stay/remain in the UK" as a PBS dependant until her leave expires (May 2012).

[destiniation_london]

I got married last year and my wife travelled to UK on tier-1 dependent in September 2010

Your wife will not be eligible for settlement until September 2012!

On another query, do you know how long can my wife stay on Tier-1 dependant visa after me switching to ILR.

She may "stay/remain in the UK" as a PBS dependant until her leave expires (May 2012).

Thanks Sushdmehta, this forum rocks as usual .

Are you sure she can stay as PBS dependant even after I switch to ILR, just being overly cautious as don't want to ruin any future chances of her appying for ILR dependant from India along with our son.

Many thanks

[geriatrix]

I think we are going in circles here.

Your wife may enter UK as a dependant of a PBS migrant until the date that you remain a PBS migrant. After entering UK, she may then "stay/remain" in the UK as a PBS dependant until her current leave expires.