Wife's Dependent Visa before the new changes

[HSKHAN]

Hello All,

I am currently on Tier 1 which is valid till 30 July 2012. I have an express appointment booked on 6th July for ILR application so hopefully will get an ILR on 6th July.

I planned to get married in August and apply for the spouse visa then but since now the rules are changing I am thinking about getting married earlier.

My questions are:

1 - If I get married and apply for spouse visa before 9th July on my current tier 1 status, will that be an issue provided that my wife will only get visa valid till 30th July?
2 - Is there any way possible that I can apply for my spouse visa after getting ILR on 6th of July but before 9th of July to avoid the new rules to be applied on my wife's immigration status?

Thanks
Hammad

[Lucapooka]

What is your fiancee's current immigration status? There is no problem with her applying on 7 or 8 of July if you are granted ILR on 6 July.

[HSKHAN]

What is your fiancee's current immigration status? There is no problem with her applying on 7 or 8 of July if you are granted ILR on 6 July.

Thanks for the response.

Well .. she is in Pakistan and currently has no status.

I was looking at the dependent visa application requirements and it seems a notorised copy of my passport and ILR is required with the application. 7th and 8th of July is Saturday and Sunday. Not really sure if thats possible?

[Lucapooka]

I read you post and assumed she would be applying inside the UK.

[asim72]

What is your fiancee's current immigration status? There is no problem with her applying on 7 or 8 of July if you are granted ILR on 6 July.

Thanks for the response.

Well .. she is in Pakistan and currently has no status.

I was looking at the dependent visa application requirements and it seems a notorised copy of my passport and ILR is required with the application. 7th and 8th of July is Saturday and Sunday. Not really sure if thats possible?

What actually do you want to ask from the forum now?

[HSKHAN]

What is your fiancee's current immigration status? There is no problem with her applying on 7 or 8 of July if you are granted ILR on 6 July.

Thanks for the response.

Well .. she is in Pakistan and currently has no status.

I was looking at the dependent visa application requirements and it seems a notorised copy of my passport and ILR is required with the application. 7th and 8th of July is Saturday and Sunday. Not really sure if thats possible?

What actually do you want to ask from the forum now?

I was wondering if there is anyway I can have my fiancee to get the dependent visa on old 2 year probationary period requirement rule?

[asim72]

Is there any way that you can think of, then please mention it, and other members can give their opinion if your plan is possible or not?

[HSKHAN]

Is there any way that you can think of, then please mention it, and other members can give their opinion if your plan is possible or not?

Fair enough.

I was wondering what will happen if I apply for my wife's Visa before 9th July on my current tier 1 status which is due to expire on 30th July (By including a cover note that I'll be getting ILR on 6th July???)

What do you guys think? Will the ECO officer reject the application? If yes, Will I be able to appeal? If yes, on what grounds? As I'll no longer be on tier 1? Will I be able to enter the appeal on old rule? or will the new rule apply if the appeal is successful?

[asim72]

I think only a very good expert could comment on this in detail and give a definitive answer.

But on the face of it, I at least do not think that there could be a way that you will manage to ride in two boats at same time. She either has to apply as spouse of PBS migrant or spouse of a person present and settled in UK.

Do not think there its possible to submit a hybrid application with a view to benefit from some requirements of one category and at the same time benefit from another category.

[asim72]

I think only a very good expert could comment on this in detail and give a definitive answer.

But on the face of it, I at least do not think that there could be a way that you will manage to ride in two boats at same time. She either has to apply as spouse of PBS migrant or spouse of a person present and settled in UK.

Do not think there its possible to submit a hybrid application with a view to benefit from some requirements of one category and at the same time benefit from another category.

She cannot apply under two categories at the same time and pick and choose the benefits she wants from two different categories.