Dependent visa for my fiancee :)

[eve5001]

Hi,
Thanks for your help last time to extend my HSMP visa last year. I applied with your advises and got it extended successfully.

This time, I have my fiancee who would like to extend her visa as my dependent.

* My visa status is as following :
I received my HSMP in 2008 for two years and extended last year for three years. So, I have been in the UK for 3 & 1/2 years.

* My fiancee's visa status is as following :
She is on PSW visa which expires on Feb 2012. She has been in the UK for 7 years.

We are engaged in August but not married yet but planned to get married Apr/May 2012 in the UK. If needed, we are considering to get registered first with council for her visa and have ceremony later.

Would she qualify under dependent visa? If dependent visa is not our best option, what should we consider?

Your help would be appreciated a lot.

Many thanks,



Mike

[geriatrix]

If you have not been living together for at least 2 years, or you have been but cannot provide evidences of cohabitation, then your partner can apply for entry clearance as your dependant only after you two are married.

[ScopeD]

Would she qualify under dependent visa? If dependent visa is not our best option, what should we consider?

Your fiancee plans to apply for the entry clearance from outside UK, right?

[eve5001]

Hi sushdmehta,
Thanks for your reply.

We've been knowing each other for two years but been together for about 7 months now. If we get registered with council as a married couple before her visa expires, will she then be able to get a visa as dependent?

Please kindly advise.

Thanks,

[eve5001]

Hi ScopeD,
She's here in the UK already and she's been here for almost 7 years.

Would she be ok to get a dependent visa?

Please let me know.

Cheers,

[geriatrix]

If you two marry before she applies for entry clearance, then there will be no need to provide any evidence of your relationship preceding the marriage.

She cannot switch, but will need to make an entry clearance application from outside the UK.

[ScopeD]

She cannot switch, but will need to make an entry clearance application from outside the UK.

sushmehta took the words right out of my mouth (or keyboard).

[vinny]

Hi,
My fiancee will need to change her visa from PSW (which expires in Feb 2012) to dependent visa. What form do I need to use? I downloaded VAF10 but the format is slightly different from most of visa forms.

Please kindly advise me.

Thanks,

[vinny]

Hi~
I wonder how much I need to have in my/her bank account for my fiancee to have dependent visa.
I'm on HSMP, been in the UK for three years and three months and my current visa expires on Apr 2013. My fiancee is on PSW visa and it expires early next year.

Do I need to have £800 + £533 and my fiancee £533 in her account?

Please kindly let me know~


Cheeeeeeers,

[vinny]

I have New Zealand passport and my fiancee has South Korean passport. She will apply for dependent visa (spouse) soon. Do I or does she need to provide tenancy agreement?

Have you considered asking all of your questions in one single thread? Surely it would help you keep track and aid your understanding of the process and requirements.

[geriatrix]

See Guidance - Tier 1 (General) Dependent application

[eve5001]

(Back to original message thread =)
Please kindly tell me if these are correct. I will summaries again just in case but if you have read already, please skip to the Questions.

(
* My situation :
1) New Zealand passport holder
2) Came to the UK in Dec 2007 with Working Holiday
3) Switched to HSMP in Apr 2008 - visa was for two years
4) Extended for another three years in Apr 2010 and this expires in Apr 2013

* My fiancees's situation :
1) South Korean passport holder
2) Came to the UK about 7 years ago as a student
3) Switched to PSW visa about two years ago
4) Current PSW visa expires in Feb 2012

* Current situation :
1) Met my current fiancee in Mar 2011 and we are engaged in Aug 2011. Currently not planning to live together until we get married.

* What we hope to do :
1) My fiancee would like to get Dependent visa once PSW visa expires
2) We will register our marriage with council before her visa expires
)


* Questions :
1) We need to use the for called VAF10 - and that is the only form we need to use since it is only her visa that need to be done not mine
2) Since we've been together less than 2 years, the only way for her to get Dependent visa is by providing Marriage Certificate. In this case, we do not need to provide relationship evidence
3) She will need to go back to her country to get the visa
4) I need to prove I have £800 in my bank account (do I?) and she needs to prove £533 in her bank account and these funds has to be in the bank account for three months or more
5) Providing Tenancy Agreement is an option but not necessary all the time
6) Do I need to send my original passport to prove that I have valid visa? If I can send certified copies, who needs to certify them?

If you can kindly help me with these questions, it will at list get us to start preparing for the visa.

Thanks you in advance.

[ScopeD]

Questions :
1) We need to use the for called VAF10 - and that is the only form we need to use since it is only her visa that need to be done not mine

Yes

2) Since we've been together less than 2 years, the only way for her to get Dependent visa is by providing Marriage Certificate. In this case, we do not need to provide relationship evidence

Proof of relationship is mandatory. A marriage certificate proves you are related by way of marriage. You may have a few more documents that can help prove relationship, in which case you may wish to include them, eg bills in both your names, etc. In addition to a marriage certificate, my wife also included a few emails, chats from Skype (print outs), a British Airways plane ticket on which both of us were named when we went for a holiday together.

3) She will need to go back to her country to get the visa

She will need to apply from outside the UK - she is not allowed to switch in-country

4) I need to prove I have £800 in my bank account (do I?) and she needs to prove £533 in her bank account and these funds has to be in the bank account for three months or more

Some people say just £533 is ok but I wanted to be on the safe side so I just showed plus £800 as well. Perhaps other forum members will explain the rule better than me here. Whatever the required amount, it has to be in the account for 3 months

5) Providing Tenancy Agreement is an option but not necessary all the time

Not mandatory

6) Do I need to send my original passport to prove that I have valid visa? If I can send certified copies, who needs to certify them?

A copy of your current visa page

Summary of mandatory requirements
Copy of your Tier 1 visa
Marriage certificate
Original bank statements

[Lucapooka]

Some people say just £533 is ok but I wanted to be on the safe side so I just showed plus £800 as well. Perhaps other forum members will explain the rule better than me here. Whatever the required amount, it has to be in the account for 3 months

Appendix E deals with the maintenance requirement for PBS dependants. There are references in Appendix E made with regard to the PBS migrant being required to provide maintenance in addition to the PBS dependant:

(e) Where the Relevant Points Based System Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Relevant Points Based System Migrant

[...]

(l) Where the application is one of a number of applications made at the same time as a partner or child of a Relevant Points Based System Migrant (as set out in paragraphs 319A and 319F) each applicant, including the Relevant Points Based System Migrant if applying at the same time, must have the total requisite funds specified in the relevant parts of appendices C and E.

As you can see, the PBS migrant applying at the same time as the dependant is a condition of his necessity to provide maintenance for himself in addition to his dependant. Otherwise, not necessary.

Appendix C deals with the maintenance requirement for PBS Migrants. There are references in Appendix C made with regard to the PBS Migrant being required to provide maintenance in addition to the PBS dependant:

(h) Where the application is made at the same time as applications by the partner or child of the applicant (such that the applicant is a Relevant Points Based System Migrant for the purposes of paragraph 319AA), each applicant must have the total requisite funds specified in the relevant parts of appendices C and E. If each applicant does not individually meet the requirements of appendices C and / or E, as appropriate, all the applications (the application by the Relevant Points Based System Migrant and applications as the partner or child of that relevant Points Based system Migrant) will be refused.

Again you can see, the same conditional clause exists and the need for the PBS migrant to show maintenance for himself in addition to the PBS dependant, when the PBS dependant is not applying with the PBS migrant, is neither mentioned nor demanded. I understand there may have been a very small number of refusals cited on this forum, but they have been incorrect refusals by inept ECOs that were reversed on appeal. The guidance does not help as it seems to favour referring to applications made at the same time as the PBS migrant rather than made separately. However, paragraphs 43 and 46 do refer to applications made separately from the PBS migrant and those don't ask for the PBS migrant to provide proof of maintenance in addition to the applicant.

[eve5001]

Hi all,
I have a question about question 6.2 on VAF10 form.

Do we have to list down every single trip for last 10 years? For example, what about weekend trips or holiday to another EU country during within valid visa period - not between old and new visa?

Please kindly advise.

Many thanks,


Michael