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2nd time Tier 2 Gen Partner Visa application after expiry

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mastermind19
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2nd time Tier 2 Gen Partner Visa application after expiry

Post by mastermind19 » Mon Feb 06, 2017 10:42 pm

I recently applied for & secured a 3Yr extension to my initial 3Yr Tier 2 General visa.

At this time due to unavoidable circumstances, my wife had to return to India and as a result unable to apply for Partner visa extension along with me.

Her Tier 2 Partner Visa has now expired.
However, I am in situation to bring her back to join me in near future.

Does she fit into '12month cooling off period' as per Tier 2 main applicant rules ?
Can I make fresh Tier 2 Partner visa for her from India ?

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CR001
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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by CR001 » Mon Feb 06, 2017 10:58 pm

There is no 12 month cooling off period for dependents.

She can apply for a new entry clearance visa. When did her visa expire and when are you planning to submit her new visa?
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iworker
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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by iworker » Tue Feb 07, 2017 8:54 am

@CR001. Her visa is already expired.
OP: she will get an entry clearance and not an extension. If you plan on going to ilr, she wont be able to apply with u and her 5 years clock will reset from when she gets the new visa.

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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by CR001 » Tue Feb 07, 2017 9:18 am

iworker wrote:@CR001. Her visa is already expired.
Yes, I am aware. My post did not say it had not or that an extension is possible. I asked when it expired, not when does it expire.

If it expired recently and she reapplies within 28 days, her continuous residence might not be broken.
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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by iworker » Tue Feb 07, 2017 11:31 am

@CR001
Even if it is an entry clearance? Didnt knew that before.

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CR001
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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by CR001 » Tue Feb 07, 2017 11:51 am

iworker wrote:@CR001
Even if it is an entry clearance? Didnt knew that before.
See 319E (d) in link below under part 8 pbs family

https://www.gov.uk/guidance/immigration ... ly-members

And specifically referenced above is the rule below, 245AAA (i) (1)

https://www.gov.uk/guidance/immigration ... sed-system
245AAA.General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);
(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that:
(1) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
(2) where, on or after 24 November 2016, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the UK with continuing leave and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
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mastermind19
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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by mastermind19 » Sun Feb 12, 2017 12:41 pm

CR001 wrote:There is no 12 month cooling off period for dependents.

She can apply for a new entry clearance visa. When did her visa expire and when are you planning to submit her new visa?

@CR001 - thanks,

Ok, I applied for my Tier 2 extension in Dec-2016 and now valid until Jan-2020.

Her Tier 2 Partner Visa expired in Jan-2017 and thinking to apply in next few weeks if all OK.

So does her 5-yr ILR eligibility starts again from this new entry clearance that I will applying shortly ?

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Re: 2nd time Tier 2 Gen Partner Visa application after expir

Post by CR001 » Sun Feb 12, 2017 12:46 pm

mastermind19 wrote:Her Tier 2 Partner Visa expired in Jan-2017 and thinking to apply in next few weeks if all OK. What date in January and on what date do you plan to apply for a new entry clearance visa?
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