British citizenship dependent visa

[Viewpoint]

Hello All,
I got my British passport after the naturalisation (perviouly had Tier1(G) and ILR).
My wife had Tier1(G) dependent visa that expired already.(she travelled to UK twice by that visa).
Now I have to apply visa for my wife and my daughter from India.

what type of visa can be applied.

a) Should I apply settlement visa (VAF4A) for both?
or
b) Should I apply Tier1(G) dependent visa for both?

[CR001]

a) Should I apply settlement visa (VAF4A) for both?

This one.

When did the Tie 1 G expire and how long has she been out of the UK?

[Viewpoint]

Thank you very much CR001.

My wife's Tier1(G) dependent visa expired on 21-03-2016. She has been out of UK more than one year.

Anyway, I should apply the settlement visa (VAF4A) only. Is that right?

[CR001]

Anyway, I should apply the settlement visa (VAF4A) only. Is that right?

Correct, provided you meet all the requirements, £22,400pa salary and wife needs to meet the A1 English requirement.

[Viewpoint]

Thanks again CR001. Sorry, one more question.
As I am a British citizen, how long should they live in UK to eligible for ILR?

[CR001]

5 years before they will qualify for ILR. The spouse settlement visa will be 2 X 2.5 year visas for each dependent. Immigration Health Surcharge of £600 for first visa and £500 for second visa is also payable in addition to the visa fee.

[Viewpoint]

Thanks a lot CR001 for all the information.
I guess we should pay the Immigration Health Surcharge fees (£600 & £500) and visa fees together.

[CR001]

IHS has its own portal to pay and it is £600 for each applicant and they will get the reference number needed for the form. Visa fee is paid separately.

[Viewpoint]

I did not know that. It is very needful info.
I need to pay £1200 for IHS fees for my wife and daughter before submitting their application in India.

Thanks a lot again.

[CR001]

Yes, correct.

https://www.gov.uk/healthcare-immigrati ... n/overview

Then the visa fee is an additional £1195 each.

[Viewpoint]

5 years before they will qualify for ILR. The spouse settlement visa will be 2 X 2.5 year visas for each dependent. Immigration Health Surcharge of £600 for first visa and £500 for second visa is also payable in addition to the visa fee.

Hi CR001,

I am confused after reading this, could you please clarify.

https://www.gov.uk/becoming-a-british-c ... sh-citizen

*lived in the UK for at least the 3 years before your application is received
*spent no more than 270 days outside the UK in those 3 years
*spent no more than 90 days outside the UK in the last 12 months
*not broken any immigration laws while in the UK

[CR001]

Why are you reading BC requirements if you are applying for a spouse visa??

They are two different sets of laws/rules.

Your spouse requires 5 years residence in order to apply for ILR. Once she has ILR, then she can apply for BC immediately as spouse of BC and only requires 3 years residence for that.

[ohara]

Prior to July 2012 you could achieve settlement after only 2 years on a spouse visa.

[Casa]

Also be aware that much can change within 5 years in the immigration realms of the UKVI.

[Viewpoint]

Thank you all.

I was confused if it is mentioned at least 3 years for British spouse. What I thought 2.5 years in the first settlement visa and remain 0.5 years from another settlement so it will come up 3 years total, then she may be eligible (without ILR) to apply BC.

I got it now, ILR is mandatory in this case, so she must live 5 years in the UK to get ILR & BC.

[ohara]

ILR was mandatory before, you could just acquire it much more quickly.

Those who have a British spouse will still have their residence/absence calculated on a 3 year period, though.

[Viewpoint]

ILR was mandatory before, you could just acquire it much more quickly.

Those who have a British spouse will still have their residence/absence calculated on a 3 year period, though.

Thank you ohara. I am not quite clear with your comment.
You may have read all my comments above.
Will my wife be eligible for BC based on 5 years+ILR or 3 years period? (according to after 9 July 2012 rule)
Could you please clarify? if you mentioned that "ILR was mandatory before and 3 years residence period calculate".

[ohara]

Your wife requires ILR before she is eligible for citizenship. If she is on a spouse visa, it will take 5 years to get to ILR.

The 3 year residency requirement for citizenship has been there for a while, i.e back when spouse visas lead to ILR in just 2 years. Obviously most visa routes (aside from some Tier 1 investor) are a minimum of 5 year route to ILR, so the 3 year residency requirement for citizenship is basically defunct. Absences are still calculated over the same period though.

[Viewpoint]

Thanks a lot ohara for your clear info.