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Tier1(G) Dependent - Baffled by the financial requirement

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someuser425
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Tier1(G) Dependent - Baffled by the financial requirement

Post by someuser425 » Fri Nov 13, 2015 3:58 pm

Hi,

I’ve got my British Citizenship (via Tier 1 General route) recently and got married in Pakistan last month and my wife will be applying for as a Tier 1 General (PBS) Dependent. Now, I am baffled by the wording in the maintenance requirements section of the PBS Guidance document. As:

1. I have been in the UK for over 12 months.
2. She is applying from outside the UK.

I am trying to figure out:

1. What amount do we need to show? (£630 or £1890)
2. Can I use my bank account to show that amount or it has to be her own account?

Any help will be greatly appreciated!±
Kind Regards

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CR001
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by CR001 » Fri Nov 13, 2015 4:08 pm

What makes you think she has to apply as Tier 1 Dependent if you are not on Tier 1?

If you are only recently married and she has not been in the UK as your dependent, she cannot apply for Tier 1 Dependent visa.

She has to apply for spouse settlement visa on VAF4A and you need to meet the financial requirement of £18,600pa and she will need to meet the English A1 requirement.
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by Wanderer » Fri Nov 13, 2015 4:08 pm

Shirley she'd need to apply as a spouse?

You need to show earnings of £18,600 pa for the last six months.
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someuser425
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by someuser425 » Fri Nov 13, 2015 5:14 pm

Thanks much. Here's why I think she needs to apply as the PBS dependent (Page 4)

https://www.gov.uk/government/uploads/s ... _10-15.pdf

"Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also
include those applicants who are applying for further leave to remain in the PBS dependant
category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to
remain. If you are applying as the dependant of a person who has indefinite leave to remain, or
British Citizenship, you should read this guidance as if they were still in their last PBS immigration
category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1,
you should read the guidance as if you are applying as the dependant of a Tier 1 migrant."

Am I really making a stupid mistake somewhere? :-|

Cheers

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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by CR001 » Fri Nov 13, 2015 5:20 pm

If she has never been your dependent on Tier 1, she cannot apply for this category. The link you have provided is for people that have had dependent Tier 1 visa and are apply for 'further leave to remain', which does not appear to be the case with your wife as she is apply for entry clearance when you are not on Tier 1.

She can only apply as spouse of British Citizen on VAF4A.
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by someuser425 » Fri Nov 13, 2015 5:25 pm

Fantastic CR001!!

I meet the 18K pa requirement. Does that mean she won't have to meet any financial requirements? (that £630 or £1890 in question).

Cheers!

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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by CR001 » Fri Nov 13, 2015 5:29 pm

No, this "(that £630 or £1890 in question)" is not required.

You need to prove your income with payslips, bank statements and letter from employer and contract etc. Your wife will need A1 English from an approved test provider etc. or degree/Naric.

She will also have to pay the £600 immigration health surcharge before she submits her application and this is on top of the visa application fee.

Also, for visa applications from Pakistan, the process is a bit different, see link below

http://www.immigrationboards.com/immigr ... 93554.html

See also below for some useful information.

http://www.immigrationboards.com/immigr ... 06101.html
Char (CR001 not Casa)
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by someuser425 » Fri Nov 13, 2015 5:36 pm

Cheers CR001! Can't thank you enough for these resources!

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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by CR001 » Fri Nov 13, 2015 5:41 pm

Happy to help and continue here if you have any further questions or need further clarity. :wink:
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by someuser425 » Fri Nov 13, 2015 5:51 pm

If I could take you on your offer, would you happen to know if she would be subjected to that draconian 'No Doctor / Dentist in Training' work restriction (She is a doctor)? If not, I will dive into the document piles and try finding it :)

Cheers

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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by Wanderer » Fri Nov 13, 2015 5:55 pm

someuser425 wrote:If I could take you on your offer, would you happen to know if she would be subjected to that draconian 'No Doctor / Dentist in Training' work restriction (She is a doctor)? If not, I will dive into the document piles and try finding it :)

Cheers
She won't be. She'll be here as the spouse of a British Citizen not a WP dependant per se.
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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by secret.simon » Fri Nov 13, 2015 7:43 pm

While there may not be any disqualification on her entry clearance, be aware that she may have to re-qualify/re-certify as a doctor in the UK and that they have drastically tightened the English requirements for doctors.

She may wish to be in contact with the BMA or other appropriate body to check the requirements about practicing in the UK.

None of this has any bearing on her immigration application, which will purely be based on her relationship to you and you meeting the requirements.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Tier1(G) Dependent - Baffled by the financial requiremen

Post by Wanderer » Fri Nov 13, 2015 9:18 pm

secret.simon wrote:While there may not be any disqualification on her entry clearance, be aware that she may have to re-qualify/re-certify as a doctor in the UK and that they have drastically tightened the English requirements for doctors.

+1

I was misdiagnosed once by an immigrant doctor, she could hardly speak any English so this is a very good thing.

And to be fair for me even EU docs, once exempt re: language tests not sure now, should have exemplary English, it's not like it's gonna cause a computer crash or something - it's people's lives...
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