Family of Settled person visa applying from Outside UK

[sak1608]

Hi All,

I am a settled person in UK with ILR.
I came to UK with Tier 2(General) visa using points based system on 18-Sep-2010. I got ILR on 18-August-2015 and currently working in London (IT) for the last 5 years .

I am getting married next month and need some clarification on what type of visa I need to apply for my girlfriend. She is currently in India.

I have gone through the below link and see a conflict. It says if the dependent is outside UK, you need to “apply to join your family in the UK” visa, but below that it also states that if I have originally worked as a temporary visa Tier 2 worker, then she has to apply for a Tier 2 Dependent visa.

1. Can you please confirm what visa she needs to apply.
2. She will be travelling to Hungary for work. Can she apply visa from Hungary itself or she needs to come back to India to apply?

Thanks in advance for your help!!

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


You’re outside the UK
You should apply to join your family in the UK if you’re not already in the UK and you don’t have a valid ‘family of a settled person’ visa.


Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

[Casa]

There is no 'boyfriend/girlfriend' visa. Do you intend to marry before submitting a visa application?

[sak1608]

Hi,

Yes. getting married next month.
I should have quoted Fiancee. I will only be applying after marriage.

Thanks

[Casa]

In which case if you are marrying outside of the UK your wife should apply for a Spouse settlement visa - apply to join family. If she has legal residence in Hungary, she can apply from there.
Ensure you comply with the financial conditions as her sponsor (Min £18,600 p,a income) and that she has passed the A1 level English test from an approved test provider. Submit strong evidence of a genuine relationship and suitable accommodation available on her arrival.
NHS surcharge of £600 in addition to the visa fee. Entry required within 30 days of the visa being issued and BRP collected within 10 days of arrival in the UK.

[sak1608]

Thanks a lot Casa!
I am sure we can meet the other requirements like financial, stay and NHS..
However one last question probably regarding the English language..
She has done Bachelor degree same as me which was recognized in Points based system for English. Will that suffice or we should get a NARIC certificate based on her degree?
FYI - i have used the same degree from same college for my Points based Tier 2 visa. however to be sure, i have got NARIC certificate using my degree certificate when i applied for ILR for myself to be on the safer side.
Do you think i should get a NARIC certificate for her too or the degree certificate will be enough?

[Casa]

I believe she needs a NARIC certificate, but I'm sure that others will confirm,

[CR001]

Points based calculator for English will no longer be accepted on its own from 6th April. She will need the ELA NARIC assessment.

http://www.immigrationboards.com/uk-tie ... 05044.html

[sak1608]

Thanks a lot for your help!
much appreciate it