Dependant(spouse)on the work permit visa 2 months before ILR

[elko1983]

I think my case is a bit complicated but I hope someone can advice me something regarding it.

At the moment I'm staying in the country under the Tier 4 Student visa that will expire 6th of November. In June I got married to a person who has a work permit visa (non point-based system). Under the new rules that presumably will come into effect 1t of October (HC 628) I will be able to apply for a dependant visa on my husband's working visa inside of UK.

However the situation complicates because my husband's working visa expires in December and he will have to apply for an ILR. Also based on immigration law part 5 rule 196d I should qualify for ILR with my husband but only if I already have a dependant visa on the moment of application.

Therefore I need to get a dependant visa asap on his existing working visa in order to qualify for an ILR with my husband. I'm afraid though that I will encounter some problems because his working visa expires in two months.

Can you please advice me whether I have any chances to get a dependant visa on the work permit visa 2 months before it expires?

Thanks!

[Lucapooka]

If the pbs dependant application is approved you are then looking at five years in that category before you can be eligible for ILR

[elko1983]

If the pbs dependant application is approved you are then looking at five years in that category before you can be eligible for ILR

I mentioned that my husband has a work permit visa (old one) and it is not a pbs

[Lucapooka]

Then i think you will have to wait for the new rules to see what is permitted as I very much doubt you will be permitted to switch, where previously you could not, and then get ILR without the need to wait to complete a residence period. I welcome better inormed comment on this scenario.

[elko1983]

Then i think you will have to wait for the new rules a
To see what is permitted as I very much doubt you will be permitted to switch, where previously you could not, and then get ILR without the need to wait to complete a residence period. I welcome better inormed comment on this scenario.

Thank you.

But the new rules only effect the fact that I can apply INSIDE of the country.

The rule that I'm qualified for ILR with my husband if he is on the work permit has always existed. Take a look here http://www.immigrationboards.com/viewto ... eb27a59295

[Amber]

Indeed immigration rule 196D is still active. If you are granted work permit dep leave then you should be ok. Is your question whether or not you can do a PEO appointment for your leave? If so, I see no reason why it shouldn't be.

[elko1983]

Indeed immigration rule 196D is still active. If you are granted work permit dep leave then you should be ok. Is your question whether or not you can do a PEO appointment for your leave? If so, I see no reason why it shouldn't be.

Hi,

my main question is whether I can be granted a work permit dependant visa ONLY for 2 months?

because my husband's work permit visa is only valid until December and then he is applying to ILR

I've read somethere that they don't grant work permit dependant visas less than for 6 months

[Amber]

They can be granted <6 months but they can't take up employment if they are I believe.

[elko1983]

They can be granted <6 months but they can't take up employment if they are I believe.

I hope you are right!

Thank you.

[elko1983]

Hi all,

I'm applying for a dependant visa on my husband's work permit visa from Russia next week.

Do you know if an original British marriage certificate will be sufficient for this application (we got married in the UK)?

Or do I have to legalise this document with apostil because I'm applying from Russia and hence the British marriage certificate might not be valid on the Russian territory?

[vinny]

A UK marriage certificate would be valid in the UK. It should be acceptable for UK (and Schengen) visa applications.