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Dependant of a settled person applying for entry clearance

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LostEmperor
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Joined: Mon Dec 17, 2012 3:15 pm

Dependant of a settled person applying for entry clearance

Post by LostEmperor » Wed Jan 02, 2013 11:20 am


My wife would apply for entry clearance in Feb from outside UK. should she apply as dependant of settled person or Tier 1??

My most recent stay was as Tier 1 General and I moved to ILR on 28th Dec 2012.

On UKBA website its wriiten:
"You cannot apply in a partner category if you:

are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.
Instead, you must apply as a dependant under the relevant category of points-based system."

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/




Is this correct what's written by UKBA?

navodwickra
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Posts: 245
Joined: Thu Nov 25, 2010 12:48 pm

Re: Dependant of a settled person applying for entry clearan

Post by navodwickra » Wed Jan 02, 2013 12:02 pm

LostEmperor wrote:
My wife would apply for entry clearance in Feb from outside UK. should she apply as dependant of settled person or Tier 1??

My most recent stay was as Tier 1 General and I moved to ILR on 28th Dec 2012.

On UKBA website its wriiten:
"You cannot apply in a partner category if you:

are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.
Instead, you must apply as a dependant under the relevant category of points-based system."

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/




Is this correct what's written by UKBA?
If you have ILR then she can't apply as your dependent because there is no such thing. Spouse visa is the only way.

LostEmperor
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Posts: 23
Joined: Mon Dec 17, 2012 3:15 pm

Re: Dependant of a settled person applying for entry clearan

Post by LostEmperor » Wed Jan 02, 2013 12:09 pm

Is spouce visa = PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON ??

Thanks for your help!

navodwickra
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Posts: 245
Joined: Thu Nov 25, 2010 12:48 pm

Re: Dependant of a settled person applying for entry clearan

Post by navodwickra » Wed Jan 02, 2013 12:22 pm

LostEmperor wrote:Is spouce visa = PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON ??

Thanks for your help!
Partner of a British citizen or settled person can apply for spouse visa. My wife did and we are still waiting for the decision.

vikkuboss2001
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Posts: 12
Joined: Thu Jan 03, 2013 11:12 pm

Re: Dependant of a settled person applying for entry clearan

Post by vikkuboss2001 » Sat Jan 05, 2013 9:31 pm

navodwickra wrote:
LostEmperor wrote:Is spouce visa = PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON ??

Thanks for your help!
Partner of a British citizen or settled person can apply for spouse visa. My wife did and we are still waiting for the decision.
Is that the VAFA4 form that we need to fill? My wife is applying too this month and I got my ILR in Jun 2012 from my 5 years as a WP holder. Or should she be applying as a WP dependent?
Many thanks for your help.

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CR001
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Post by CR001 » Sat Jan 05, 2013 9:44 pm

She cannot apply as a WP dependent because you are no longer a WP visa holder. As you now have ILR (which overrides any previous visas you had), she applies as the spouse of a person who is settled (ILR) which is form VAF4 as you stated.

The WP or PBS dependent route is only for the spouses on those dependent visas who did not qualify with necessary residency when the main WP or PBS applicant applied for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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