Query on Partner and dependent visa

globalindian · Post by **globalindian** » Sat Jun 29, 2013 7:06 pm

Hi,

I am currently on a tier 2 ict visa. I am planning to apply for a ILR next month.

My partner was initially with me and had spent 2 years in UK (not continuously) but she is in India currently for holidays.
Can you please let me know if my wife can apply as a dependent once I have completed my ILR?

I am bit confused with the rules mentioned below:

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

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.

Does this mean dependent visa for partners are closed if dependent had an visa earlier in Tier 2 dependent category?

Thanks in advance.

globalindian · Post by **globalindian** » Sat Jun 29, 2013 9:58 pm

any advice pls?

Post by **Amber** » Sat Jun 29, 2013 10:34 pm

globalindian wrote:any advice pls?

What is your spouse's current status, has her visa expired? Are you applying for ilr as a PBS applicant?

globalindian · Post by **globalindian** » Sun Jun 30, 2013 8:40 am

D4109125 wrote:
globalindian wrote:any advice pls?
What is your spouse's current status, has her visa expired? Are you applying for ilr as a PBS applicant?

Yes her visa has expired now. Yes I am planning for ilr dependant..not sure if it is pbs. but she have to apply from india I guess.

Post by **Amber** » Sun Jun 30, 2013 9:09 am

Are you applying for ILR based on 5 years PBS or 10 years long residence? If the former, apply for a dependant under the relevant category of points-based system. See http://www.ukba.homeoffice.gov.uk/sitec ... /vaf10.pdf

globalindian · Post by **globalindian** » Sun Jun 30, 2013 9:21 am

D4109125 wrote:Are you applying for ILR based on 5 years PBS or 10 years long residence? If the former, apply for a dependant under the relevant category of points-based system. See http://www.ukba.homeoffice.gov.uk/sitec ... /vaf10.pdf

Thanks D4109125. Yes I am applying for myself under 5 years ILR category i.e. SET O forms etc.

But I was planning to apply for dependent ILR category from India. Are advising that my wife has to apply for tier 2 ict dependant rather than ILR partner? Or is she applicable for applying ILR dependent visa? This is because I will be holding ILR visa by the time my wife will be applying for dependent visa.

Basically I got confused with their rules mentioned in :
http://www.ukba.homeoffice.gov.uk/visa ... you-apply/
Thanks

Post by **vinny** » Sun Jun 30, 2013 10:17 am

See also Coming back to the UK after resident visa has expired.

globalindian · Post by **globalindian** » Sun Jun 30, 2013 10:23 am

vinny wrote:See also Coming back to the UK after resident visa has expired.

THanks Vinny but will you be able to help on the above query please?

Post by **vinny** » Sun Jun 30, 2013 11:10 am

The answers in the given link is also applicable to your query.

globalindian · Post by **globalindian** » Mon Jul 01, 2013 11:40 pm

vinny wrote:The answers in the given link is also applicable to your query.

Thanks Vinny. I got your point as per the link which you have mentioned.
i.e. http://www.ukba.homeoffice.gov.uk/visas ... outside-uk/.
But if you again click on the Can you apply link it says:

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

-is settled in the UK and was granted settlement as a points-based system migrant; or
-has British citizenship having been granted settlement as a points-based system migrant.

Can you please help with the above explanation? I am unable to make out what UKBA is trying to highlight here and if my spouse will be impacted because of the above rule.
Thanks

Post by **vinny** » Tue Jul 02, 2013 6:24 am

An entry clearance application is not a leave to remain nor indefinite leave to remain application.

globalindian · Post by **globalindian** » Tue Jul 02, 2013 8:34 am

Sorry Vinny. But I didn't get your point. Not sure what you wanted to explain with respect to entry clearance. Can you please throw more light on this one please?
I was referring to Can you apply http://www.ukba.homeoffice.gov.uk/visas ... you-apply/ section from your link which relates to Rules for Partners or family of settled person.

vinny wrote:An entry clearance application is not a leave to remain nor indefinite leave to remain application.

Post by **vinny** » Tue Jul 02, 2013 9:39 am

My point is that your quote is not applicable to entry clearance applications. It's only applicable to in-country applications.

Can you apply? wrote:You cannot apply for leave to remain or indefinite leave to remain in a partner category ...

globalindian · Post by **globalindian** » Tue Jul 02, 2013 6:34 pm

vinny wrote:My point is that your quote is not applicable to entry clearance applications. It's only applicable to in-country applications.

Can you apply? wrote:You cannot apply for leave to remain or indefinite leave to remain in a partner category ...

Ok thanks Vinny for the explanation. Though I couldn't make anything out of this one I can understand that my spouse can apply for a dependent visa under VAF4 visa details as a dependent of an ILR visa holder who was previously under Tier 2 category.

Thanks

betterlatethannever · Post by **betterlatethannever** » Tue Feb 11, 2014 9:21 am

Hi globalindian,

Finally which route you choose for your wife's visa?

I am in same situation, I just got ILR through PBS 5 year route (I was on Tier 1 before ILR). I am planning to apply dependent visa for my wife from India.

Many thanks in advance.

Thanks,
Vatsal

globalindian · Post by **globalindian** » Wed Feb 12, 2014 1:42 am

Hello Dude,

I got through Dependent of Settlement (Family settlement route) VAF4A Form.
Good luck,

Thanks

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