Whether she is dependant of HSMP holder or Tier-1 General?

[mert]

Hi All,

I have recently got married and my wife is about to apply for a dependant visa. We have a question and would appriciate some guidance;

First let me give you a brief summary of my permit type;
- I received my HSMP approval letter in 2004, before the rule changes.
- I got my first leave to remain for a year under this HSMP letter.
- I got an FLR for three years in 2005.
- I stayed out of UK more than 90 days.
- I came back to the UK in 2008. As I stayed out of UK more than 90 days, I applied for an extension in 2008 instead of ILR. Home Office assesed my application under HSMP Forum High Court Jedgement and extended my leave for 3 years and they changed the endorsement on the passport to Tier-1 General. (It was previously "Leave to Remain")
- I applied for another extension in 2011 and was granted another three years leave to remain. Again they assesed the application in light of HSMP Forum High Court Judgement and endorse my passport with Tier-1 General stamp.

Now the question is that;

I married in 2012.

Should my wife apply for a visa as a dependant of someone who is in the UK under PBS Tier-1 General or

Should she apply as a dependant of someone who is in the UK under HSMP.

As you know there is no maintanance requirements for HS Migrants who are subject to HSMP Forum JR, it is enough to be lawfully economically active in the UK and no recourse to public funds during their stay in the UK. Same rule applies to dependants too, whereas for Tier-1 General dependants, main applicant (or the sponsor) should hold at least £600 in the bank account for a period of 90 days.

Could you also please advise which form should she use, VAF2 ro VAF10.

Thank you very much all.
Kind regards.