British Citizen dependent query

[viraam123]

Hello all,

My wife is British citizen and I have Tier 2 ICT. She got citizenship under point based system using Tier 1 after 5 years of stay. I arrived in UK on Tier2 ICt on 7th July 2010. I kept my tier2 ICT till now but now I want to change my visa to British citizen dependent visa.

I am confused that can I directly go for spouse visa or I will have to get Tier1 dependent visa as my wife's original visa was Tier 1.

Please help with my this confusion. Many thanks in advance.

[vinny]

If you never got leave as her dependant previously, then 319C(b) fails. You cannot now apply for leave as a Tier 1 dependant.

However, you may switch to FLR(M) if you meet all the requirements.

[viraam123]

Hi Vinny,
Thanks for your response. So i should apply under visa category 'Apply to remain in UK with family' But it has an exception in the below which says you should apply differently if you 'your partner originally had a temporary visa as a worker'.

So i think i cannot apply under that category also. Please can you let me know. thanks

[CR001]

FLR(M) is the correct visa. As you have never been a Tier 1 Dependent based on your spouse's Tier 1 visa, that piece you quote is not relevant to you.

[viraam123]

Hello Cr001,

Could you please be more clear about when you say that piece is not relevent to me. I am really confused about this

https://www.gov.uk/remain-in-uk-family/overview

In this Exceptions
You may need to apply in a different way if:

you’re outside the UK
your partner’s from the EEA or Switzerland
your partner originally had a temporary visa as a worker

Since my spouse had Tier1 as her original visa.. I got impression I need to apply under Tier1

[vinny]

Note that the wording in the exceptions is "may" and not "must" nor "should".

If you apply as a Tier 1 (General) dependant, then

319C(b) fails.

So, it's highly likely that you will fail.

[viraam123]

Thanks All for your response. I am going thru the requirement for FLR (M). I am eligible financially but there is one doubt. In the form it mentions it requires six address proof. I am ok with six address for period of last 2 years but like Energy and telephone are all paperless so if i take the printout will that support. Or I have to request for original bills from services supplier. thanks in advance