New rules or Old rules - Tier 1 dependant extension

[ram14esh]

hi guru's/experts pls advise.

Due to some medical emergency we came to india with my extension(main applicant) completed in UK.
But did not apply for dependants extension now the visa got expired (in march 2014). So if i apply in india
for dependants extension will it be considered as a fresh visa? and so new rules will be applicable?like for
maintenance funds and for English language requirement?

Also for ILR will the recent ILR closure will be applicable as well for dependants? If so my dependants can't apply for ILR eventhough if they get extension now under new rules?

Pls advise....urgently.

[Amber]

Have you settled, what English Language requirement?

[ram14esh]

no my ILR is due in 2015. Now need to apply for my dependants ext at India. Since dependants previous visa got expired so if I apply for dependants in india will it be new rules? So my wife needs to meet the english language requirement by passing IELTS or she can use her degree taught in english certificate from the university where she had passed her post graduation?Pls advise.

[Amber]

The 5 year route yes, but what other new rules?

[haiksuresh]

hi guru's/experts pls advise.

Due to some medical emergency we came to india with my extension(main applicant) completed in UK.
But did not apply for dependants extension now the visa got expired (in march 2014). So if i apply in india
for dependants extension will it be considered as a fresh visa? and so new rules will be applicable?like for
maintenance funds and for English language requirement?

Also for ILR will the recent ILR closure will be applicable as well for dependants? If so my dependants can't apply for ILR eventhough if they get extension now under new rules?

Pls advise....urgently.

I am also same boat, Due to medical emergency my wife went to india, I have done my extension in UK. I have enquired with lot of friends, and other people about this situation. As per my knowledge. Your wifes previous stay will get lapsed once her visa was expired. Now she will be considered as new application and She need to stay another 5 years to get ILR.

[Amber]

Indeed,

A person who was granted entry clearance or leave to remain previously under
Part 8 and has been living outside of the UK, during which time their leave under
Part 8 has expired, cannot benefit from the transitional provisions. Transitional
provisions are to allow a person already granted leave and living in the UK to
continue their route to settlement. If a person is not in the UK and they do not
have an outstanding application that was submitted before 9 July 2012, they
cannot apply under Part 8 of the Immigration Rules. They must apply under
Appendix FM.

[ram14esh]

Thats fine. She needs to meet 5yr rule for ILR but due to recent 2018 ILR closure.Will the dependants are allowed to extend their visa beyond 2018?My assumption is this ILR closure is only for main applicants? Now I am planning to extend my wife visa by applying next month. If so does she needs to meet the English language requirement (Pass IELTS test or use her degree taught in english university certificate?). Urgently pls advise.

[Amber]

No English requirement for PBS dep extension.

[ram14esh]

amber thats a pleasant surprise. Since my dependants (wife) visa got expired in march2014 and I am planning to apply by may2014. It would be considered as a fresh visa right? In that case the new rule for dependant application will apply?it would be great relief for me that there is no requirment for my wife to pass any english test like IELTS when she apply in may2014. I see here many posts requesting for advise regarding english language requirement for dependant visa?is my understanding incorrect?

[Amber]

Sorry where is your spouse now? And do you have ILR yet?

[ram14esh]

amber after reading few other posts i got the below understanding pls correct me if i am wrong.

My wife and my kids are in india now.

I am not settled yet (My ILR is due in 2015).

As my dependants (Wife & kids) current visa got expired they need to apply for Tier-1 general dependant visa in india.
So it would be considered fresh general dependant visa.

now since it would be fresh entry clearance visa for my dependants from india there is no english langauage requirement for spouse.

only if the main applicant has ILR then if the spouse is applying for dependant visa from india she has to meet the english requirement (pass english test).

if the main applicant is not settlet (neither ILR nor british citizen) then even if the dependant is applying from india for extension or fresh entry clearance visa there is no english language requirement.

is my understanding correct?

[Amber]

Yes, they'll be on a new 5 year route to settlement.

See also, addendum - PBS Dependant (click).

[ram14esh]

well amber how about english language requirement for spouse?.....no requirement for fresh entry clearance/ext?

[Amber]

No not for PBS dep. Do actually read the guide I linked.

[ram14esh]

Yep thats my final conclusion now after reading lot of posts here. Tx again for confirming amber and thanks for the link. internet slow here hence downloaded will read it carefully.