FLR for spouse from outside UK

Samir12 · Post by **Samir12** » Tue Jul 09, 2013 9:57 pm

Friends, I have a slightly complicated case and wonder if wise fellows can comment.

I was on Tier (1) visa and subsequently got a dependent visa for my wife from high commission in India.

My wife came to UK and lived here for two years but then she had to go back to India for family reasons, and she has been there for over a year. Her visa has now expired.

We now are planning to apply for a new visa for her from High Commission. Meanwhile my status has changed from Tier(1) to British Citizen.

I would have thought that I could now simply apply for her as spouse of British Citizen (VAF4A). This was the reason why I let her stay there for couple of extra months until I got my British Passport.

What has confused us is a line on UKBA website that goes "you shouldn't apply as dependent of BC, if the main applicant's previous visa was point based- you should instead apply as dependent of PBS".

I hope it makes sense- the question is simple should apply for visa for spouse of BC or spouse of Tier (1) migrant? I have all other documents ready so no other hitch.

Thanks a lot for reading.

Post by **Amber** » Tue Jul 09, 2013 10:04 pm

Spouse visa under the new rules,

Samir12 · Post by **Samir12** » Tue Jul 09, 2013 10:33 pm

Thanks Guru, appreciate quick response. That would be VAF4A, wouldn't it plus additional english requirement?

Post by **Amber** » Wed Jul 10, 2013 2:47 am

See here (click)

Samir12 · Post by **Samir12** » Tue Jul 23, 2013 8:26 pm

Thanks Amber- I checked the link you provided. There is link on this page- Can you apply-

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

It categorically says the following-
"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.
Instead, you must apply as a dependant under the relevant category of points-based system"

Are you sure it can be ignored? as before becoming a citizen I was a point based migrant.

Many thanks!

Post by **vinny** » Wed Jul 24, 2013 1:33 am

Amber is correct.

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FLR for spouse from outside UK

FLR for spouse from outside UK