Dependent visa

[Bheema]

Hi I am BC and my wife came as dependent. To extend her visa as dependent is going to cost me more than 1800GBP. Since I am BC and she is in UK is there any other visa routes that I can change her visa status legally to which is cheaper?

I have got ILR 2012 Dec and BC 2013 Mar

She first came to UK Tier-1 dependent Nov 2011 left UK Oct 2012.
Second Entry clearence Feb 2014 and Current visa expires in Nov 2016

Thank you

[CR001]

No, there is no other cheaper route.

She will also have to pay the £500 immigration health surcharge on top of the visa fees.

[Bheema]

Thank you for reply CR001,

I have heard some EU route application that I have read two years back since I am BC?

[secret.simon]

The "cheaper" route through the EU is called the Surinder Singh route. Google it.

To invoke Surinder Singh, you will need to move the "center of your life" lock, stock and barrel to another EEA country and exercise treaty rights there. Typically that means being there for atleast three months, though the UKV&I look askance at moving for shorter than six months to a year. Your wife would accompany you under EU law.

Then, when you return to the UK from the other EEA country, your wife will return under EU law. Her Residence Card under EU law will cost only £65 on return.

However, as she will be returning under EU law, her immigration clock will reset to zero and she will have to wait for five years after return to acquire PR.

This option could disappear either in the event of a Brexit or in the event of further negotiations to curb EU immigration. So, get a move on fast.

[CR001]

You cannot use the EEA family member route as a British Citizen in the UK as you cannot 'exercise treaty rights ' in your country of nationality (UK). For immigration purposes per your current circumstances, you can only use the spouse visa route that she is on now.

If you want to know about the EEA route, you would have to move the 'centre of your life' to another country and looking into doing the Surinder Singh route back to the UK, which is becoming more difficult and will likely be clamped down. This will restart your spouse qualifying time for permanent residence in the UK again and she will have to wait 5 years. Read the thread below, it will and is becoming harder via an EU country to do this.

http://www.immigrationboards.com/eea-ro ... 03556.html

[Bheema]

Do we need to show maintenance of funds, and partners employment letter and payslips?

Thank you

[CR001]

Do we need to show maintenance of funds, and partners employment letter and payslips?

Thank you

Why are you looking at form Set(O) which is for ILR?

Your dependent does not qualify for ILR if she entered the UK in 2014 on a spouse visa. You have to extend her visa using FLR(M) and you have to meet all the requirements and submit 6 months bank statements, 6 months payslips, employment letter and the other documents listed in the form (on page 62/63 I thinK).

No maintenance funds required. But you must be earning at least £18,600pa.

She needs 5 years residence before she qualifies for ILR.

[Bheema]

Dear Cr001,

She first came in Nov 2011 as dependent? So i want to give a try with SET O? Based when she first entered the country its only two years as dependent for ILR?

Thank you

[CR001]

You will lose the fee and her application will be refused. She doesn't qualify for ILR under the pre July 2012 rules because she applied for a NEW entry clearance as a spouse settlement visa in 2014.

The time from 2011 to 2012 is irrelevant now and she has lost that time.

[Bheema]

Dear CR001,

I was on tier-1 when she first came Nov 2011.Left UK Oct 2012 and she is not feeling well after going to india so she has taken rest other wise she should have been here by 01 Dec 2012. In may 2013 I have applied for dependent visa but they rejected it and I appealed and decision is positive and she got her visa in Feb 2014.

Please let me know does it change any thing as I can see in the application it says when you first entered? I guess based on that she should qualify for 2 years period?

Thank you

[CR001]

In may 2013 I have applied for dependent visa but they rejected it and I appealed and decision is positive and she got her visa in Feb 2014.

Based on one of your previous posts, she is on a spouse settlement visa and on the post July 2012 route to ILR which requires 5 years residence.

http://www.immigrationboards.com/indefi ... l#p1011200

She should have returned to the UK on her PBS dependent visa which was valid till 2014. Your error was applying for ILR dependent (spouse settlement) visa ENTRY CLEARANCE from home country. There is nothing you can do other than apply for an extension on FLR(M).

[Bheema]

As I can remember this application was made in india as you ILR dependent but there are no specific forms in India as here.


Thank you

[Bheema]

is there any maximum amount of time she can be out side UK? IF she make a trip to India?

What if she goes through entry clearance again?

[vinny]

The guidance relating to time spent outside the UK hasn't been updated yet.

Applying for an entry clearance may reset her qualifying period for ILR in this category.