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An unusual Dependant Visa issue

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

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Ahoorz
Newly Registered
Posts: 3
Joined: Fri Dec 21, 2012 4:33 pm

An unusual Dependant Visa issue

Post by Ahoorz » Fri Dec 21, 2012 5:24 pm

Hello everyone

I have been trying to find the answer to my enquiry for a while but unfortunately I could not find one with similar scenario so I decided to write mine and ask you to kindly provide me with your valuable advices.

So here is my story:

Immigration status:
I moved to the UK in January 2007 as a student.
I applied and was granted the HSMP letter in the UK in Feb 2008 and went back to Iran to apply for visa
I applied for the HSMP visa on 14/Aug/2008 as the letter was valid for 6 months
I moved to the UK under HSMP visa on 21/Aug/2008, a week after the visa was issued
On 14/Aug/2010 I was granted a 3 year Tier 1 extension
I am entitled to apply for ILR on 14/Aug/2013 provided I meet the required criteria.
Marriage status:
I have been living with my girlfriend (now my wife) since 2003 and we have sufficient documents (utility bills, bank statements, ...) to prove that
My girlfriend (now my wife!!) moved to the UK in September 2007 with student visa (9 months after I moved).
We got married in Aril 2010
When her student visa expired in Aug 2011 she applied for Tier 1 Post Study visa instead of applying for Tier 1 general dependent visa.
She applied for Tier 1 general dependent visa in September 2012 after hearing the new rules changes on July 2012 in case more restricted rules come in force and make it impossible to apply for dependant visa
She was granted a tier 1 dependent visa up until the end of my Tier 1 visa (14/Aug/2013)
So currently she has two valid visas, tier 1 post study and tier 1 general dependent.
We will be applying for visa together on 14/Aug/2013.
I will hopefully be granted ILR but I wondered if she will be granted an ILR as we can prove we have been together for nearly 10 years and married for 3.5 years by then and she will have been on dependent visa for 11 months or she will be granted a limited visa and if the latter then for how long?
Sorry for the long story but I thought it would be important to mention the details

Many thanks for your comments in advance

Merry Christmas and happy new year

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: An unusual Dependant Visa issue

Post by Lucapooka » Fri Dec 21, 2012 6:13 pm

Ahoorz wrote:Hello everyone
So currently she has two valid visas, tier 1 post study and tier 1 general dependent.
No, the PSW will have been cancelled by the issue of the PBS dependant. If she applied for her visa before the rule changes, she can apply for ILR jointly with you if she has been in the UK for two years and has been married for two years. Time spent as student or PSW can be included into the two year period.

vickzkool
Newly Registered
Posts: 10
Joined: Fri Aug 13, 2010 8:03 pm

Re: An unusual Dependant Visa issue

Post by vickzkool » Fri Dec 21, 2012 6:17 pm

Ahoorz wrote:Hello everyone

I have been trying to find the answer to my enquiry for a while but unfortunately I could not find one with similar scenario so I decided to write mine and ask you to kindly provide me with your valuable advices.

So here is my story:

Immigration status:
I moved to the UK in January 2007 as a student.
I applied and was granted the HSMP letter in the UK in Feb 2008 and went back to Iran to apply for visa
I applied for the HSMP visa on 14/Aug/2008 as the letter was valid for 6 months
I moved to the UK under HSMP visa on 21/Aug/2008, a week after the visa was issued
On 14/Aug/2010 I was granted a 3 year Tier 1 extension
I am entitled to apply for ILR on 14/Aug/2013 provided I meet the required criteria.
Marriage status:
I have been living with my girlfriend (now my wife) since 2003 and we have sufficient documents (utility bills, bank statements, ...) to prove that
My girlfriend (now my wife!!) moved to the UK in September 2007 with student visa (9 months after I moved).
We got married in Aril 2010
When her student visa expired in Aug 2011 she applied for Tier 1 Post Study visa instead of applying for Tier 1 general dependent visa.
She applied for Tier 1 general dependent visa in September 2012 after hearing the new rules changes on July 2012 in case more restricted rules come in force and make it impossible to apply for dependant visa
She was granted a tier 1 dependent visa up until the end of my Tier 1 visa (14/Aug/2013)
So currently she has two valid visas, tier 1 post study and tier 1 general dependent.
We will be applying for visa together on 14/Aug/2013.
I will hopefully be granted ILR but I wondered if she will be granted an ILR as we can prove we have been together for nearly 10 years and married for 3.5 years by then and she will have been on dependent visa for 11 months or she will be granted a limited visa and if the latter then for how long?
Sorry for the long story but I thought it would be important to mention the details

Many thanks for your comments in advance

Merry Christmas and happy new year
Ahoorz
As far as I'm aware there is no such thing as 2 valid visas , the latest visa becomes valid overiding the previous one , in your wife's case her post study visa has been overridden by tier 1 dependant visa , shouldnt be a problem when you apply for her ILR along with your's

Regards

Ahoorz
Newly Registered
Posts: 3
Joined: Fri Dec 21, 2012 4:33 pm

Post by Ahoorz » Fri Dec 21, 2012 7:01 pm

I am sorry if I caused confusion.

Current validity of her PSW visa is no longer important as her tier 1 dependent visa is the valid and the useful one.

The main question is that despite the fact that she has been living in the UK for 6 years as student then post study then dependent and has been married to a tier1 general applicant for three years but her dependant visa has been issued after July 2012 will still entitle her to an ILR OR

The issue of dependant visa after July 2012 will void her entitlement to ILR and will leave her with the grant of a temporary visa? regardless of her length and her previous living history in the UK

Many Thanks

Ahora

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