TIER 1 DEPENDENT VISA / FLR(M)

[bkm64381]

Hello,

Kindly clarify the below two questions for me please -

1.My wife's tier-1 dependent visa got expired on 17-09-2017 and she is in India now. Also, she was out of the UK for whole of 2016 and I know this won't be considered as a continuous stay (Similar case on my Son's VISA too). I'm a British since Dec-2016 and should I apply FLR(M) or Tier-1 dependent for my Wife and Son?

2.For Fund Maintenance - Can I show the money in my wife's account(circa £5000) for past 90 days to support my wife's application and Son's application ? as I don't have the fund maintained in my account!

Thanks
B

[CR001]

1.My wife's tier-1 dependent visa got expired on 17-09-2017 and she is in India now. Also, she was out of the UK for whole of 2016 and I know this won't be considered as a continuous stay (Similar case on my Son's VISA too). I'm a British since Dec-2016 and should I apply FLR(M) or Tier-1 dependent for my Wife and Son?

There is no absence limit for Tier 1 dependents. Had she returned to the UK before her visa expired, she would have still been able to extend and qualify for ILR when she meets the requirements. As that ship has now sailed, she has no option but to apply on VAF4A plus Appendix 2 for a new entry clearance and a new 5 year route to ILR (2 x 2.5 year visas). Note that FLR(M) is for applications within the UK only.

2.For Fund Maintenance - Can I show the money in my wife's account(circa £5000) for past 90 days to support my wife's application and Son's application ? as I don't have the fund maintained in my account!

Maintenance is irrelevant as she cannot apply for Tier 1 Dependent. For Spouse/child settlement visa (VAF4A) you need to meet the financial requirement of £22,400pa (wife plus child) and prove adequate accommodation plus evidence of subsisting marriage (communications, visits etc).