Break in dependent visa

[rshelar]

Need some help here guys.

My wife is on T1G Dependent and I am on ILR. Her visa expires in April 20013.

If she goes outside the UK in March 2013 and is out until say Sept 2013, I understand that the current dependent visa would have been expired by then.

But can I apply for a new dependent visa from outside the country in Sept 2013 ?


I know there will be a break from Apr 2013 to Sept 2013 and I am OK with that.

The only thing that I would like to know at this point is if she can re apply for a new dependent visa in Sept 2013 and if that will cause any issues?

Is there any official link regarding this ?
If yes, I assume this will be the ILR dependent ?

[Greenie]

There is no such thing as an 'ilr dependent' visa. She would have to apply as the partner of a settled person. However she would be subject to the new income requirements and would have to spend another 5 years in the UK before qualifying for ilr. when was her current visa issued and how long has she lived with you in the UK?

[rshelar]

Greenie,

Thanks for the reply.

She has lived for a year with me and the current visa was issued in Mar 2012. Yes, I meant partner of a settled person my bad.

Am aware of the new 5 year requirement, need to find about the new income requirement - if you have a link handy then that would be great.

The query is more related to will there be queries as to why there is a gap of 3-4 months etc from the case officer, will these be reasons for rejection etc ?

[Greenie]

why doesn't she just extend her PBS dependent visa before she leaves the UK?

[rshelar]

Yes, but if I do not go down that route and choose what I have in the first post will that be an issue.

[Greenie]

well surely it's for your wife to choose, as it's her visa - I don't know why anyone would choose the option you have suggested, as it stands she can apply for ILR in a year's time, whereas if you go with your suggestion she will have to wait a further 5 years from when the new visa is issued. If your wife does choose this route the fact that she has left the UK for a few months shouldn't matter as long as she provides evidence that the marriage is subsisting.

[rshelar]

Greenie,

Thanks. Yes its a no brainer to extend and apply in a years time.

But there are reasons for which I wanted to know about this option. It is something that I as a sponsor would want to know.

But if she applies for a new dependent visa again and falls in the 5 year rule will she have to wait for 5 years ?

If I take my British citizenship next year - would she not switch to a partner of a British national ? Or are you saying the rules for partner of ILR and partner of British citizen are same ?

[Greenie]

Yes she will have to wait for 5 years. You being British will make no difference, it's the same visa. No brainer is an understatement.

[rshelar]

Thanks greenie for your help.