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Spouse Visa for a settled person

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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kobonet2
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Joined: Thu Mar 02, 2017 11:10 am

Spouse Visa for a settled person

Post by kobonet2 » Thu Mar 02, 2017 11:29 am

I was previously on Tier 1 (General) and got ILR last year, currently applying for British Citizenship. My application was submitted in January and is waiting for approval from Home Office.

My wife and I recently got married and she is currently on Tier 4 (Student).
I'm wondering which spouse visa category should she be applying?

I'm being confused by the following exception from HO website:

FLR(M): Apply to remain in the UK with family
https://www.gov.uk/remain-in-uk-family/exceptions

"If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category."

It leads me to think I should go for Tier 1 Dependent. Then I checked Immigration Rules 319C(b)iii:

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(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, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:

This seems to indicate my wife should apply under Tier 1(G) only if she currently have a Tier 1(G) Dependent visa and is applying for an extension?

I wanted to be sure which visa category my wife should be applying as the application for Tier 1(G) will cost £1,771 and FLR(M) will cost only £811, and if I don't want to apply on the wrong category and get refused.

Thanks for your help!

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CR001
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Re: Spouse Visa for a settled person

Post by CR001 » Thu Mar 02, 2017 11:35 am

Your spouse can ONLY apply for a spouse visa on FLR(M).

Tier 1 General dependent is NOT applicable as spouse has not held a visa in this category as your dependent.
Char (CR001 not Casa)
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