Main Applicant applying ILR & Spouse on Tier 1 dependent

[Wasoo]

My question is also related to this topic hope would be addressed.
My wife recently got tier 1 entrepreneur partner visa and I am applying for ILR soon my question is would that effect her visa too or she can come without having any issue as she is planning to come after my ilr appointment. Thank you

[CR001]

On what basis are you applying for ILR, long residence???

[Wasoo]

Yes long residence CR001

[CR001]

She won't be able to enter the UK as a PBS Dependent if you get your ILR based on long residence. She will have to apply for the spouse settlement visa.

If she comes to the UK before you apply for ILR LR, she still has to switch visas to a spouse settlement visa on form FLR(M). She will not be able to continue as a tier 1 dependent or get ILR based on Tier 1 dependent. The rules changed in April 2014.

It would have been simpler to apply for her visa after you got ILR.

See dependant-of-ilr-long-residence-applicant-on-pbs-leave (Click)

[Wasoo]

So does that mean I made a mistake as she already got the visa and we will have to go through the same process again showing mantainence fund and paying for the fee etc straight after my ilr? Thnx

[CR001]

A spouse visa is a completely different visa category with completely different requirements to tier 1 dependent.

For the spouse settlement visa, yes you will have to pay visa fees and IHS again.

She will also need English A1 test and you must meet the minimum income requirement of £18,600 per annum.

She will need 2 x 2.5 year visas as spouse of settled person before she can qualify for ILR.

[Wasoo]

Ok thanks for a informative reply you were very helpful!

[Wasoo]

Sorry to bother you again but was going through some other post where you suggested to people that scenerio is different if partner is present in uk.
So what would be the case if she comes and I apply afterwards can she stay on the same visa and go for the options you mentioned earlier at the end of dependent visa.
Thank you

[CR001]

If she enters the UK before you apply for ILR, then she can change to FLR(M) spouse visa once your ILR is granted or at any point provided she does not travel out of the UK.

[Wasoo]

So she can stay on the same visa for even 2 years and then apply straight away is not necessary as long as she doesn't leave uk a big relief as I just paid a lot of money for the whole process including a big shopping list ! U know women don't u? Lol can't explain in words how helpful u were much appreciated have a sooper dooper day

[CR001]

The sooner she applies to switch the better so that her clock towards ILR can start. She cannot use the 'two years on tier 1 dep visa' towards the 5 years for ILR.

[marcnath]

How long have you been on Tier 1. If you can wait, it is much better for you to get your ILR based on 5 year Tier 1. Your wife will not need to change her Visa even after your get your ILR based on PBS and her 5 year clock remains intact.

[Wasoo]

My business is doing good income requirement is also sorted no prbs but I just need 6 months to cope with the after shocks of a massive shopping spree and she has got degree so in the meantime she will cope with the accent as well so ll defo go for it in 6 months as per your suggestion. Thank you

[Wasoo]

Ahan can I do that as well? I never thought of it I will sleep on it not a bad idea
Thank you marcnath

[Wasoo]

Hi applied for tier 1 dependent out of uk visa got refused because they lost the bank statement went into admin review decision was overturned and asked to send passport for visa sent next day and now been waiting for 2 months to receive passport back contacted them as well but just get told case has been ascalated! Now really worried and frustrated because don't know what the problem is and also don't know what to do!
Any help would be greatly appreciated!

[marcnath]

Hi applied for tier 1 dependent out of uk visa got refused because they lost the bank statement went into admin review decision was overturned and asked to send passport for visa sent next day and now been waiting for 2 months to receive passport back contacted them as well but just get told case has been ascalated! Now really worried and frustrated because don't know what the problem is and also don't know what to do!
Any help would be greatly appreciated!

That is unfortunate and I empathise with you.
You have been doing the right thing by contacting them and escalating it. Unfortunately, nothing more that you can do other then to keep escalating by any means such as calls, letters and emails.
Hope it will get resolved soon.

PS: In the initial post, you mentioned your dependant was recently granted the Visa. Did you make another application ?

[Wasoo]

No it's same one the email we got after admin review says we are ready to issue you visa send your passport so as per my understanding we just had to wait for passport with visa but sInce then waiting for passport

[marcnath]

No it's same one the email we got after admin review says we are ready to issue you visa send your passport so as per my understanding we just had to wait for passport with visa but sInce then waiting for passport

ok. Wish you good luck. I do hope it comes through soon.

[Wasoo]

Hi finally we got the reply but with revised refusal letter 1st bank statement was lost went into admin review refusal overturned sent the passport for visa as was asked and now got the email with revised refusal letter!

[marcnath]

Hi finally we got the reply but with revised refusal letter 1st bank statement was lost went into admin review refusal overturned sent the passport for visa as was asked and now got the email with revised refusal letter!

What is the reason for refusal this time ?

[Wasoo]

I have examined your sponsor’s Home Office file. This shows he made an application for leave to remain in the UK in 2012 and he stated in his form that he was single. He made a further application for leave to remain in 2015 and again he stated on his form that he was single. This leads me to doubt that you are married as stated, or if you are, that you are currently in a subsisting relationship with your sponsor and that you intend to live together.
319C(b), (d), (e).
I have therefore refused your application because I am not satisfied, on the balance of probabilities

[CR001]

So when did you get married then?

[Wasoo]

I was married before

[CR001]

I was married before

What date??

[Wasoo]

2006