spouse visa

[zandu]

my details are as follows
enter UK Dec 2007 under HSMP for 2 years.
extension to Tier 1 for 3 years in Dec 2009
got ILR in Nov 2012. under point based system.

got married in Feb 2008 in India. My wife got HSMP dependent visa in Feb 2008 and come to UK with me. . She stay in UK for 5 months and then go back to India to complete her studies. I have extended her visa to Tier 1 dependent in April 2010 in India. She keep on visiting me in between and I visited to India. Now I want to apply for her visa extension as a ILR dependent.

got following queries

1) does she come under rules before July 2012 or after that. i.e. whether she will be eligible for settlement with in 2 years or does she has to wait for 5 years under new rules.
2) does she has to prove english language requirements again. She has cleared IELTS in 2008 when she enter UK first time as a dependent. Does she has to give IELTS again.
3) She is a dentist by profession. does she allow to work as dentist in UK or is their will be any restriction on his visa.
4) she got a dependent visa till 19th April 2013. her studies are finishing on 10th April 2013. Is it a good idea to let her come to UK and then apply for FLR (m). Or she should get entry clearance in India first as ILR dependent and then come to UK. Which option should be better.

Thanks in advance

[geriatrix]

My suggestion would be that your wife should return to UK on her existing PBS dependant before it expires, and then extend her leave from within the UK.

[zandu]

Thanks Sush for the suggestion.
The only issue I am worried that, because of only short duration of her visa left when she finish and come to uk ( i.e. between 10th April 2012 to 19th April 2012), does she may have trouble in Heathrow airport questioning only short duration left for visa.

Can you suggest something on my other queries i.e. 1, 2 & 3 related to English language, her work rights as a dentist, and rules of before or after 9th July 2012.

[geriatrix]

One can travel to UK before the 23:59:59 hours on the date of expiry of current leave. No problem!

Though an entry clearance application as a PBS dependant before expiry of current PBS dependant leave should no reset the ILR clock for a dependant but the entry clearance will be granted under new rules and you may find it difficult, as and when the time comes for the dependant to apply for settlement, to convince UKBA that the old rules (2 year residence) applies to the dependant despite being granted entry clearance under the new rules. So, there is an element of risk there and hence my suggestion earlier.

Likewise, if applying for entry clearance under family route (spouse of settled person).

IELTS results are valid only for 2 years. That said, there is no English language requirement when applying for leave as a PBS dependant.

When UKBA made changes to immigration rules allowing PBS dependants to extend their leave as a PBS dependant when principal PBS progesses to settled status or British citizen later on, (unfortunately( no change was intorduced to exempt such dependants from restriction in employment as doctor / dentist in training. So, my undertsanding is that such doctor / dentist PBS dependants will continue to be subject to the restriction.


Therefore, my suggestion remains the same as before:
Your spouse should enter UK on her existing PBS dependant leave before it expires and, if she is a doctor / dentist, should extend here leave under FLR(M) before 19-Apr-13.

[zandu]

regarding english language requirement.

My wife has got Bachelor in Dental Science from Bangalore University. I have check on point based calculator and it has awarded 10 points for english language. Do I have to still need a confirmation from UK NARIC that the degree is equivalent. Do I need a letter from the Bangalore University that the course was taught in English.

Thanks in advance
zu

[zandu]

I have a double room in a sharing house in UK. Landlord is happy to provide a letter to me confirming that he have no issues my wife joins me and stay in same accomodation and also rent is going to increase by 20 GBP per week. Is that will be enough or do I have to find a seperate flat ( 1 or 2 bedroom) before applying for her visa. Further the house is not at all overcrowded. Its a 3 bedroom house and only landlord, his wife and 5 yr daughter stay there. Do I have to mention this in the letter.

Thanks in advance
zu