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Dependant visa for my Wife

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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ukyjnh
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Posts: 4
Joined: Tue Jun 21, 2011 10:56 am

Dependant visa for my Wife

Post by ukyjnh » Tue Jun 21, 2011 11:24 am

Hi

I(chinese) have a Tier 1 General Visa.
My wife (chinese) hold a Tier 1 PSW Visa at the moment. Before that, she hold a three years student visa for permission to enter UK.


I find some things in the following website that it seems she can apply switch into the category of wife in the UK if she hold more than six months' combination time of permission to enter UK and permission to remain in UK.

Does she need to go back to china for applying for Tier 1 General Dependant visa?
Can you tell me more about this?

Thanks a lot.



http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

If you are already in the UK

If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if we gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: Dependant visa for my Wife

Post by Greenie » Tue Jun 21, 2011 11:29 am

ukyjnh wrote:Hi

I(chinese) have a Tier 1 General Visa.
My wife (chinese) hold a Tier 1 PSW Visa at the moment. Before that, she hold a three years student visa for permission to enter UK.


I find some things in the following website that it seems she can apply switch into the category of wife in the UK if she hold more than six months' combination time of permission to enter UK and permission to remain in UK.

Does she need to go back to china for applying for Tier 1 General Dependant visa?
Can you tell me more about this?

Thanks a lot.



http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

If you are already in the UK

If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if we gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.
the link you have posted is about partners of settled people.

you need to look at the section on dependents of PBS migrants

Your wife needs to return to China to apply.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Tue Jun 21, 2011 11:30 am

The page you linked to is for partners of people settled in the UK (i.e. British citizens and people with ILR or Permanent Residence).

Here is the page for dependants of Tier 1 migrants:

http://www.ukba.homeoffice.gov.uk/worki ... /partners/

Will you qualify for ILR any time soon? How long does your wife's PSW visa have left on it?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Jun 21, 2011 11:31 am

Kitty wrote:The page you linked to is for partners of people settled in the UK (i.e. British citizens and people with ILR or Permanent Residence).

Here is the page for dependants of Tier 1 migrants:

http://www.ukba.homeoffice.gov.uk/worki ... /partners/

Will you qualify for ILR any time soon? How long does your wife's PSW visa have left on it?
snap ;-)

ukyjnh
Newly Registered
Posts: 4
Joined: Tue Jun 21, 2011 10:56 am

Post by ukyjnh » Tue Jun 21, 2011 9:04 pm

Yes, I will extend my Tier 1 general visa in Aug 2012 for another 2 years. I will qualify for ILR in 2014. My wife's PSW Visa is valid until Jan 2013.
So she needs to go back china apply dependant visa?
I am heard that if she holds dependant visa for two years, then she can apply ILR with me at the same time, is it true?

Thank you very much.


Kitty wrote:The page you linked to is for partners of people settled in the UK (i.e. British citizens and people with ILR or Permanent Residence).

Here is the page for dependants of Tier 1 migrants:

http://www.ukba.homeoffice.gov.uk/worki ... /partners/

Will you qualify for ILR any time soon? How long does your wife's PSW visa have left on it?

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Tue Jun 21, 2011 9:22 pm

ukyjnh wrote:So she needs to go back china apply dependant visa?
Yes.
ukyjnh wrote:I am heard that if she holds dependant visa for two years, then she can apply ILR with me at the same time, is it true?
She will be eligible for settlement (ILR) at the same time as you if:
1. you two have lived together in the UK in a relationship akin to marriage for at least 2 years preceding such application and provide documentary evidence(s) to prove so, and
2. that she is in UK as your dependant at the time of such application.
Life isn't fair, but you can be!

ukyjnh
Newly Registered
Posts: 4
Joined: Tue Jun 21, 2011 10:56 am

Post by ukyjnh » Tue Jun 21, 2011 9:59 pm

If my wife(with defendant visa) find a full time job in another city in future and we still meet each other every week, does she still qualify for ILR at the same time as me?

Which kind of documents should we provide?

Thanks a lot


sushdmehta wrote:
ukyjnh wrote:So she needs to go back china apply dependant visa?
Yes.
ukyjnh wrote:I am heard that if she holds dependant visa for two years, then she can apply ILR with me at the same time, is it true?
She will be eligible for settlement (ILR) at the same time as you if:
1. you two have lived together in the UK in a relationship akin to marriage for at least 2 years preceding such application and provide documentary evidence(s) to prove so, and
2. that she is in UK as your dependant at the time of such application.

beecharmer1800bc
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Posts: 148
Joined: Sat Mar 27, 2010 10:43 am

Post by beecharmer1800bc » Wed Jun 22, 2011 12:53 pm

[quote="ukyjnh"]If my wife(with defendant visa) find a full time job in another city in future and we still meet each other every week, does she still qualify for ILR at the same time as me?

Which kind of documents should we provide?

Thanks a lot



So long as she is your dependant (and has been so for at least 2years), she will be entitled to ILR same time as you even if you live in separate cities because of work.

The important thing is for the relationship(marriage) to be subsisting at the time of the application.

Pls refer to the policy guidance on ILR for documents you require then if any points are unclear, you can always return to this forum for help/clarification.
Don't waste your time working hard-work smart

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