ILR Dependent (Outside UK)

das.sourav · Post by **das.sourav** » Fri Mar 15, 2013 12:23 pm

Hi,

I sincerely wish someone could please help me in answering few of my doubts.

1. I am currently residing in U.K and my status is of permanent resident (ILR). I got married 2 weeks back in India and now I would like to process my Wife's visa in India. My first question is what category of Visa she should be applying through Visa4UK form?

2. My second question is since my status is of permanent resident and my wife has done her masters in english, does she still need to give an english language requirement test?

3. Last but not least, I am assuming she doesn't have to give any Life at U.K test at this point of time?

Thanks a lot in advance for your time in answering my queries.

Post by **vinny** » Fri Mar 15, 2013 12:34 pm

Partner of a British citizen or a person who is settled here.

das.sourav · Post by **das.sourav** » Fri Mar 15, 2013 12:52 pm

vinny wrote:Partner of a British citizen or a person who is settled here.

Hi Vinny,

Thank you so much for your response. I have gone through the link earlier and going by information presented, I don't believe that she has to take a test since she can present the original degree certification of her masters taught in english. However, due to mixed responses, I wanted to get it confirmed.

Secondly, the information just say that partner visa but there is no such option when you try to fill the application through Visa4Uk site. It only gives me the following options. I believe I need to select 'Settlement' but again needed someone to confirm.

Below are the options for the type of visa.
1. Exempt
2. Other.
3. Study
4. Transit
5. Work
6. Visit (family visitor)
7. Settlement (I do see the option 'wife' under this category)

Any help would be really appreciated.

Post by **vinny** » Fri Mar 15, 2013 1:19 pm

Settlement.

das.sourav · Post by **das.sourav** » Fri Mar 15, 2013 1:46 pm

vinny wrote:Settlement.

Thanks a lot Vinny. also, I don't believe 'Life at U.K test; is anyway valid for her at this point of time, right?

And since her masters is in english, she can get the exemption from giving the test, right? (this is irrespective of my resident status)

das.sourav · Post by **das.sourav** » Fri Mar 15, 2013 5:25 pm

vinny wrote:Partner of a British citizen or a person who is settled here.

One more doubt, which has surfaced after reading the document is:-

Quote:

You cannot apply in a partner category if you:

are the spouse or partner of a person who is settled in the U.K 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 the points based system...

Unquote...

I am totally confused now on what type of Visa I should apply for her? The relevant dependent category only comes under 'Work' as the type of visa.

Any suggestions please?

Thanks,

Post by **vinny** » Fri Mar 15, 2013 7:11 pm

I don't think that quote is applicable to Entry Clearance applications, since 319C(b)(iii) seems applicable only to further leave to remain applications.

However, do clarify with the Embassy.

Post by **vinny** » Sat Mar 16, 2013 11:51 am

das.sourav wrote:Anyone recently filed a Spouse visa from India through Visa4uk site for a person who is settled in U.K with an ILR status?

Thanks,

meetvans · Post by **meetvans** » Fri Mar 22, 2013 6:17 pm

My husband's application for entry clearance from India got rejected for this same reason. I got my ILR approved on 13Feb 2013 post which I applied for my husband's visa via the Tier-1 PBS dependent route by filling up VAF10 form and it got rejected saying that we have applied under the wrong category or route. I'm confused with the rules introduced after 08th July 2012

"
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."

Please advise as in which is the correct form to be used?

Post by **Greenie** » Fri Mar 22, 2013 7:18 pm

Your husband should have applied as the partner of a person settled in the UK. See the link in one of Vinny's posts above. The ukba website is very misleading and i think i would be worthwhile contacting them to ask for that page to be changed.

Post by **Greenie** » Fri Mar 22, 2013 7:18 pm

vinny wrote:Partner of a British citizen or a person who is settled here.

stitaprajna · Post by **stitaprajna** » Sat Mar 23, 2013 4:34 am

Happy to reach this posting.

I am also in the same boat as das.sourav and meetvans.
We can team up to be sure we are applying under right category.
Best way is find someone who has recently got the visa successfully in our category: ILR in the UK and dependent spouse in India.

I was also mislead by the UKBA policy that suggests PBS Dependent but now almost getting ready for applying as a 'partner of a person settled in the UK' as suggested by Greenie.

Post by **vinny** » Sat Mar 23, 2013 7:03 am

See also ILR Dependent visa application for family living in India.

meetvans · Post by **meetvans** » Sat Mar 23, 2013 2:59 pm

Above all, I took the assistance of an Immigration Lawyer who is OISC registered, so he got it wrong as well.
I just can't digest the fact that an OISC registered advisor could get this wrong. He's advised me to reapply under the Settlement -Partner route (VAF4A form)

I'm still trying to find out from other sources now. The section clearly states that the section is for partners who are applying to leave to enter as well and not only for leave to remain.
=============================================
This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.
=============================================
So I don't understand how can this be only applicable for applications by dependents only in UK? Still a mystery for me

Also, another query I had was my husband has got Bachelor's Degree in Engineering in Automotive Engineering field from University of Mumbai and this qualification is recognized in the Points Calculator. So does he still have to appear for IELTS Test or should I get this compared by NAIRC? Please advise.

stitaprajna · Post by **stitaprajna** » Sat Mar 23, 2013 4:16 pm

Hi meetvans,

Feel very sorry for the rejection and I also have been going through frustration for the past so many days just because of this confusion.

How can UKBA policy be wrong and if it is wrong how can it remain wrong for so long? If the policy is wrong, no one questioning while re-appealing?

I am now settling down to apply as a settlement dependent visa but to be very frank I could not arrive at this conclusively from any specific policy.

Hope and wish this will go well !

Post by **vinny** » Sat Mar 23, 2013 8:12 pm

Greenie wrote:Your husband should have applied as the partner of a person settled in the UK. See the link in one of Vinny's posts above. The ukba website is very misleading and i think i would be worthwhile contacting them to ask for that page to be changed.

PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON wrote:This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.

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.

Moreover, I think that applicants who had made the wrong leave to enter (entry clearance) application, due to the badly worded (quoted above) guidance, should be entitled to a full refund of the fees of the wrong application.

meetvans · Post by **meetvans** » Sun Mar 24, 2013 3:34 pm

I've sent out an email to webmaster.enquiries@homeoffice.gsi.gov.uk
detailing the webpage contents misleading the applicants and even the Immigration Advisors who are OISC registered.

Lets see what reply I get from them.

spouse09 · Post by **spouse09** » Sun Mar 24, 2013 7:49 pm

Hi Stitaprajna , Das.sourav and Meetvans,

I am new to this forum, even I faced the same
problem willing filling the form and I called VFS customer service to my surprise
customer service cldn't help me.

I have read through the previous post and could successfully select the right option as @SETTLEMENT@

can any one help me please!

Actually I got Job in Jan 2013 and i got my first pay on Feb 1st week and till now I got 2 payslips and maintaining 1500 £ for past 2 months. I will be getting another payslips in 2 weeks.

Will this 3 months pay slips and Bank statement enough or do I need to provide 6 months of payslips but I was unemployed from Aug 2012 to Dec 2012.

As per new rule I am over 18,600 pay per annum with this present employer, So, please guide me.

Thanks in advacne.

Post by **vinny** » Sun Mar 24, 2013 11:49 pm

spouse09, please continue in your other thread.

venugopal1 · Post by **venugopal1** » Wed Apr 24, 2013 9:52 pm

Hi das.sourav, stitaprajna, meetvans

I am also in the same boat, I am going to get married this june, my current visa status is "Indefinite leave to remain", I was on Tier 1 before. I am not sure in what category I should apply for my wife. Should I apply for her in PBS defendant or Settlement.

I am in understanding that I should apply in PBS defendant.

Have you guys got any updates on this?. It would help me as well. Thanks!

Cheers,
Venu

cqln · Post by **cqln** » Fri Jun 07, 2013 4:05 pm

vinny wrote:Partner of a British citizen or a person who is settled here.

Situation in this category is quite confusing. In Immigration Rules, paragraph 282(b) says "in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or" which means if the applicant meets the requirements below, he will be granted ILE.

"__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and"

Post by **vinny** » Fri Jun 07, 2013 4:29 pm

It's not applicable anymore.

Giritrah · Post by **Giritrah** » Sun Jul 07, 2013 11:22 pm

Hi all,
Please can some one clear my confusion and advise me
I got ilr on 10 yrs long residence in jun-2012, my visa the was work permit (old style WP & not PBS).my wife had dependent visa(expired 29-04-2013).

Now my wife (indian national)and my 1 and half year old son(USA national) are in India and I want to bring them as dependents...

I went to 3 different advisers(2 OISC's and 1 solicitor) and still i am in the confusion of

1.which category they apply for entry clearance.
2.i am aware that I should show annual income-22,400
3.which forms should I use for each of them( is it Vaf4a and appendix2 for both or any different)

Please convey me ..

For the above issue which Appendix should I use for
1.my wife &
2.my son.

And is there any limit on the documents included in the application like not to exceed such n such weight etc.

Thanks

Giritrah

Post by **Amber** » Mon Jul 08, 2013 3:42 am

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

19eggs · Post by **19eggs** » Mon Jul 08, 2013 5:46 pm

vinny wrote:
das.sourav wrote:Anyone recently filed a Spouse visa from India through Visa4uk site for a person who is settled in U.K with an ILR status?

Thanks,

Hi! Guys,

I recently applied for my wife at BHC, Kolkata and I have ILR status. We applied on the 2nd of April and she received the visa on the 26th June.

We applied using the Settlement option. I was under HSMP (JR) + Tier 1 and now IRL.

Let me know if you need any more help.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Dependent (Outside UK)

ILR Dependent (Outside UK)

Spouse-Settlement Financial Requirement

In the same boat

Which appendix