ILR Dependent visa application for family living in India

skittali · Post by **skittali** » Tue Feb 05, 2013 12:12 pm

Dear,

I have received my ILR last week and want to get my wife and daughter as my dependents (not settlement). What application do I need to use to apply from outside the UK. I am not able to find the exact application.

Also, what is the maintenance I need to maintain before applying their visa.

Note: My query is not related to my spouse/child settlement visa

Appreciate your suggestions and guidance.

Many Thanks,
Sanjay

Post by **Greenie** » Tue Feb 05, 2013 2:31 pm

Your post is rather confusing. What do you mean your post is not related to your spouse/child settlement visa? If you want them to live with you then a settlement visa is what they need to apply for.

skittali · Post by **skittali** » Tue Feb 05, 2013 4:11 pm

Hi Greenie,

I meant to get my wife and daughter as my dependents to stay in UK.
My wife and daughter have not stayed continiously in UK. So they don't qualify for settlement.
What is the procedure or the application that I need to use ?

Thanks

Post by **Greenie** » Tue Feb 05, 2013 4:18 pm

a 'settlement visa' is generally a visa issued with a view to settlement, that's what they need to apply for.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

skittali · Post by **skittali** » Tue Feb 05, 2013 4:24 pm

Thank You so much...
I was under an impression that there is a dependent visa for ILR as well.

Many Thanks again.

skittali · Post by **skittali** » Thu Feb 07, 2013 5:03 pm

If applying settlement visa for my spouse and child from India, Do I need to submit the application with cover letter ?
If so, is there any template for cover letter?

Please suggest.

Thanks

stitaprajna · Post by **stitaprajna** » Tue Mar 19, 2013 2:11 pm

Greenie wrote:a 'settlement visa' is generally a visa issued with a view to settlement, that's what they need to apply for.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

Greenie, Please refer to this link :
http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

Which says:
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 dependent under the relevant category of points-based system.

So, if Jayant (skittali) had got an ILR from Tier 1, his spouse should be applying as a dependent under the relevant category(Tier 1) of points-based system ?

I am confused.

Post by **Greenie** » Tue Mar 19, 2013 5:59 pm

Yes the ukba website is confusing. That paragraph relates to those who are already in the UK as a PBS dependent who do not qualify for settlement (ilr ) yet, and therefore does not apply to the op's situation.

Post by **vinny** » Wed Mar 20, 2013 2:30 am

IMHO

Assuming that you were granted ILR under PBS.

If wife and child have unexpired non-lapsing PBS Dependant leave, then they may still travel to the UK; or

If wife has unexpired non-lapsing PBS Dependant leave, then child may apply for a PBS Dependant entry clearance (319H(b)(ii)); or

They may apply for settlement Entry clearance.

See also Dependants of ILR (economic, 5 year route) applicants and Dependant of ILR (long residence) applicant on PBS leave.

Would you agree, Greenie?

Post by **Greenie** » Wed Mar 20, 2013 9:10 am

Yes I agree. I had (perhaps wrongly) assumed that the OP's wife and daughter do not have current PBS dependent leave.

Post by **vinny** » Wed Mar 20, 2013 9:25 am

Thanks, Greenie.

The rules are difficult to read, with so many if, buts whys and wherefores. My friend is convinced that whoever drafts the Rules deliberately sets out to bamboozle readers.

stitaprajna · Post by **stitaprajna** » Wed Mar 20, 2013 1:53 pm

Just want to be very sure before applying. Apologies for asking the same question again.

My wife is in the UK and presently she has an ILR and her most recent permission to stay before she got ILR was tier 1(General).
I am in India and I am planning to apply for a visa to join her.
I am not sure which is the right category of Visa I need to apply for.
If I get an employment I plan to work there.

Many Thanks.
Stit
When you think you have all the answers, Life changes the questions... !!

Post by **vinny** » Wed Mar 20, 2013 11:01 pm

Settlement, as 319C(b)(iii) is apparently not applicable to entry clearance applications.

stitaprajna · Post by **stitaprajna** » Thu Mar 21, 2013 3:45 pm

Can I connect with someone among the forum members who have got the visa successfully under same requirement as mine ?:

Applying for the visa from India a whose spouse has an ILR and her
most recent permission to stay before she got the ILR was tier 1(General).

Please this is urgent.

stitaprajna · Post by **stitaprajna** » Fri Mar 22, 2013 3:26 pm

Greenie wrote:That paragraph relates to those who are already in the UK as a PBS dependent who do not qualify for settlement (ilr ) yet, and therefore does not apply to the op's situation.

Greenie,
Is this specifically mentioned anywhere in any of the policies in UKBA site?
Could you please point to the link?

Apologies if i sound paranoid.

Post by **vinny** » Sat Mar 23, 2013 12:54 am

See also ILR Dependent (Outside UK).

319C(b)(iii), 319C(b)(iv) and 319D(a) are apparently not applicable to leave to enter (Entry clearance) applications of partners of ILR holders/British citizens.

Moreover,

319D wrote:Period and conditions of grant

(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant, or

(ii) If the Relevant Points-Based System Migrant has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or where the Relevant Points-Based System Migrant has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

319D gives the Period and conditions of grant of entry clearance or limited leave to remain. However, the period of leave that a caseworker/ECO will grant is subject to 319D(a).

319D(a)(i) is not applicable if the Relevant Points Based System Migrant has indefinite leave that does not expire or has British citizenship.

319D(a)(ii) is not applicable to entry clearances because leave to remain cannot be granted outside the UK.

319D(a) confirms that there is no period of leave that a caseworker may grant to the applicant as the partner of ILR holders/British citizens under 319C.

Therefore,

vinny wrote:They may apply for settlement Entry clearance.

csbingmod · Post by **csbingmod** » Sun Jun 08, 2014 10:22 pm

stitaprajna wrote:Can I connect with someone among the forum members who have got the visa successfully under same requirement as mine ?:

Applying for the visa from India a whose spouse has an ILR and her
most recent permission to stay before she got the ILR was tier 1(General).

Please this is urgent.

Hi stitaprajna, sorry for digging this out from the old forum. I'm having same situation like you (and i'm sure you know what to do now...) - my wife living abroad and would like to join my ilr status (Previouly Tier 2 General). She is not sure whether go for Tier 2 depedent or FLR M. Please help.

Thanks.

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ILR Dependent visa application for family living in India

ILR Dependent visa application for family living in India

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