Tier 1 dependant visa rejected - please advise

[karthik_513]

Hi All,

I am on ILR visa in UK.

My partner applied Tier 1 dependant visa (outside UK) and got rejected due to below reason :

*******************Same words on the letter **********************************
You have stated that you wish to join your spouse in the uk. Home office record shows that this person was granted ILR in the UK.

I am therefore not satisfied that you are the applicant must be the spouse or civil partner, unmarried or same-sex partner of the person who has valid leave to enter or remain as relevant point based system migrant or is, at the same time, being granted entry clearance or leave to remain as a relevant point based system migrant. Paragraph 319c(b) of the immigration rules.
***************************************************************************************

Partner's visa history : Granted tier 1 dependant visa previously from May 2014 to May 2016. Visa expired whilst she was in the home country. So applied as a new tier 1 general dependant (instead of extension)

Question : I did not understand the reason for refusal. Could someone please advise if the mistake was ours or Can i appeal the decision ?

Thanks for your time.

[Casa]

Your partner can no longer apply as your Tier 1 Dependent as you now have ILR.

She applied for the wrong category of visa. This should have been a Spouse Settlement visa - VAF4a.

https://www.gov.uk/join-family-in-uk/overview

Your income as her sponsor must be at least £18,600 and she will require A1 level English from an approved test provider.

Visa fee £1195 + £600 NHS surcharge.

No refund on the invalid application unfortunately and no point in appealing as the decision was correct.

[karthik_513]

Hi Casa,

Thanks for your response.

As I have mentioned, my wife was here on tier 1 dependant visa until May 2016.

As she was outside the country, we could't apply for extension, so we applied for a new tier 1 dep visa. I thought my wife should be on tier 1 dependant visa for 5 years before applying for ILR dependant.

Could you please advise, if i can appeal or still have to apply for ilr dependant ?

Many thanks

[Casa]

My understanding is that your wife could only apply for a Tier 1 Dependent extension from within the UK before her visa expired.

She can no longer be a Tier 1 Dependent as you are no longer resident in the UK under Tier 1.

However, wait for confirmation from others.

[Abc499]

My understanding is that your wife could only apply for a Tier 1 Dependent extension from within the UK before her visa expired.

She can no longer be a Tier 1 Dependent as you are no longer resident in the UK under Tier 1.

However, wait for confirmation from others.

correct.
and unfortunately need to start from zero now and there is no other way to do anything else

[CR001]

Could you please advise, if i can appeal or still have to apply for ilr dependant ?

An appeal won't be successful because you/she simply applied for the wrong category. Had she returned to the UK before it expired, she would have been able to continue on the tier 1 dep route.

She will now have to start again from scratch with a new 5 year route (2 x 2.5 year visas) as the spouse of a person settled on VAF4A.