UK Visa for dependent Spouse

[sanjeev0915]

Hi

I have got the ILR this year in April 2015. My wife is not fulfilling the requirement of minimum stay of 5 years to apply for ILR. She is in India currently and is planning to come to UK in this month. I came to know earlier that since I have got the ILR we can apply for 2.5 year duration dependent/spouse visa for her. However for the time being (since we are in hurry) I have already family/spouse/tourist visitor visa for her(on 28th July 2015) and decision has yet to come in couple of days.

Somehow from some other sources (not sure but) that once a tourist visa is applied/obtained we can not apply for SPouse dependant visa (my visa status is ILR and currently working in UK) for 2.5 year or ILR later.

Is that True? Please advise and help

Best Regards
Sanjeev Jain
[Moderator edit: for your own safety, do not post personal contact number on a public forum]

[Casa]

I assume you intended to write that you have applied for a visitor visa for your wife? Are you aware that if she enters on a visitor visa she won't be able to switch to any other category from within the UK? You say that she hasn't completed 5 years as your dependent. Has she spent any time at all in the UK on a dependent visa?

[sanjeev0915]

I assume you intended to write that you have applied for a visitor visa for your wife? Are you aware that if she enters on a visitor visa she won't be able to switch to any other category from within the UK? You say that she hasn't completed 5 years as your dependent. Has she spent any time at all in the UK on a dependent visa?

Hi - Thanks for the quick Response. I know that she cannot switch to any other visa category(if she enters on visitor Visa) while she is in UK. However once she goes back to India after couple of months, I am hoping to apply for long term dependent visa based on my ILR Status. Will this work?

Yes, she had spent time in UK earlier as a PBS dependent on my Visa category - Tier 2 ICT Migrant sponsored by my employer. However she used be here in London almost every year for couple of months. As my son is in grade 12 in India she needs to go back and hence could not meet the requirment of minimum stay of 5 years if she needs to apply for ILR in future.

[geriatrix]

When was your wife's entry clearance as PBS dependant applied for, for the first time?
Did she extend PBS dependant leave from within the UK?
Did she make any other entry clearance application as PBS dependant?
Has the PBS dependant, leave, that was last issued, expired?

[sanjeev0915]

When was your wife's entry clearance as PBS dependant applied for, for the first time?
Did she extend PBS dependant leave from within the UK?
Did she make any other entry clearance application as PBS dependant?
Has the PBS dependant, leave, that was last issued, expired?

initially she got a dependant visa for 2 years in year 2010 along with me. My Visa was sponsored by my employer from India. Visa Category was Tier 2 ICT Migrant for me and my wife got the dependant visa.

In year 2012 visa was extended and she got PBS dependant leave for 1 year that was expired in 2013. we have both applied in UK for this extension.

In year 2013 she got extended her visa in India based on my extension in UK again for one more year. this visa was expired in 2014.

In 2014 she had not applied for any visa and currently she does not have any visa. I myself only went for extension in year 2014 which was valid for again one more year and the same got expired in 2015. However I had put in my application for ILR by that time and it has been approved in april 2015 year.