Settlement visa- Urgent

[sahalyabaskar]

Hi

I'm Pavithra. My husband was in Tier 1 (general) when we got married in 2011 and on account of that I was granted Tier 1 dependent which is valid till may 2013. I came back to India for my delivery in march 2012 and still residing here. In the meanwhile my husband got eligible for ILR and got it approved on oct 26th 2012. Now we have applied for child of a settled person visa for my kid and still waiting for the visa. But I'm still on the same Tier 1 dependent visa since its valid till may 2013. Now that I'm getting mixed opinion that I should also have applied for spouse visa which comes under the settlement category along with my kid.

But according to UKBA site

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

in the above link in the who can apply page the requisites are described as:

You cannot apply in a partner category if you:

1.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

2.you do not qualify for settlement yet.

So, what does this mean. It would be really better if someone could give me a clear idea as to what can be done. Pls help.

Thanks in advance

[UKIlr2012]

You need to extend you PBS dependent as I went with my wife to PEO with FLR(M) and they send us back and as to apply using the PBS dependent form.

So PBS dependend is the correct form when your husband was granted ILR from Tier 1 .

[vinny]

Hi

I'm Pavithra. My husband was in Tier 1 (general) when we got married in 2011 and on account of that I was granted Tier 1 dependent which is valid till may 2013. I came back to India for my delivery in march 2012 and still residing here. In the meanwhile my husband got eligible for ILR and got it approved on oct 26th 2012. Now we have applied for child of a settled person visa for my kid and still waiting for the visa. But I'm still on the same Tier 1 dependent visa since its valid till may 2013.

Don't forget that you have to be in the UK in order to extend leave. Return to the UK before your leave expires.

[sahalyabaskar]

Thanks ukilr and vinny...

But to make it clear, i'll make sure that i'll travel to uk before my visa expires but we have applied for settlement (child of a settled person) for my daughter and waiting for result. Will that not be an issue when i'm on tier 1 dep.

M query is:

Can we apply for settlement for kid when father is on ILR and mother on tier 1 dep?
Or is thr a necessity for me to apply for spouse visa?