Visa for my Wife after my ILR is approved

[bansal.sb]

Hi,

I am applying for my ILR in November. My wife came to this country in March this year (22nd March 2013) on Tier 1 (General) Dependant visa valid till Feb 2015. My question is once my ILR is approved (fingers crossed), do i need to do anything about her visa as well or she can stay on current Tier 1 dependant visa and i apply for her visa extension in January 2015 ?

Thanks,
Sachin

[Damanisshallo]

Please read through this thread

I believe that if her leave hasn't been curtailed, then she may remain in the UK on it. However, if she travels, then she may be refused entry into the UK because of her change of circumstances (321A).

Different rules apply?

Therefore, ask the UKBA for written clarification if she wishes to travel.

[bansal.sb]

Thanks mate and sorry to start a new thread as i could not find answer to my questions from existing threads. The thread you have shared doesn't give me enough clarity. My wife visa is valid till Feb 2015, so do i need to apply and upgrade her visa to FLR(M) ?Also, i checked with a solicitor and she says i have to apply on PBS Dependant form and another OISC guy told me as she is already on Tier 1 Dependant visa valid till Feb 2015, and i dont have to do anything now and apply for her extension in Jan 2015. So i am confused at the moment. Any clarity is appreciated.

Thanks,
Sachin

[Damanisshallo]

I think it depends on what basis you got your ILR? If you've been granted ILR on 10 yr LR Route then you'd have to switch her to FLR(M) refer to Dependents of 10 Yr LR and if you've received on economic route then read through Dependants of ILR (economic, 5 year route) applicants

[bansal.sb]

Thanks Mate, that gives clarity. I am going to apply for my ILR based on combination of WP+Tier 1 General. So, based on below text under :

Dependants of PBS (Tier 1 General, Tier 2) migrants

"b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement). "

I understand I don't have to do anything now for my Wife's visa as it is valid till feb 2015 and apply for extension in Jan 2015 and keep doing that till she completes 5 yrs for ILR.

Thanks,
Sachin

[Damanisshallo]

Dependants of PBS (Tier 1 General, Tier 2) migrants

"b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement). "

I understand I don't have to do anything now for my Wife's visa as it is valid till feb 2015 and apply for extension in Jan 2015 and keep doing that till she completes 5 yrs for ILR.

But, beware of the text in Red from the above quote. As this might not apply in your case.
Thanks,
Sachin

[vinny]

I understand I don't have to do anything now for my Wife's visa as it is valid till feb 2015 and apply for extension in Jan 2015 and keep doing that till she completes 5 yrs for ILR.

Correct.

[bansal.sb]

What do you mean by text in RED ? Do you mean i have to maintain funds in my account when i apply for her extension in Jan 2015, if yes i know this or do you mean something else ?

Thanks,
Sachin

[vinny]

If applying for a limited extension, then she should satisfy 319C.
If applying for ILR, then she should satisfy 319E.

[bansal.sb]

Ok Thanks, got it. 319C says :

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or

(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain and was last granted leave:

(1) as the partner of that same Relevant Points Based System Migrant: or

(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

So, when i will apply for her extension in Jan 2015, either i will be applying for my extension as well with her or i will have ILR(depending on how my application goes in November).

[vinny]

Yes.