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Visa Category Change query

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globalindian
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Visa Category Change query

Post by globalindian » Wed Aug 27, 2014 12:38 am

Hi,

My Wife and Child is currently having a dependent of a settled person Visa (VAF4A) in UK. They have received 33 months visa validity which can be renewed further before the ILR can be done.
I have a question regarding the next steps. In the meantime if I get the British citizenship will my dependent's visa category needs to be changed? Will they be eligible for ILR or should I have to renew their VISA further?
can you please advice the process and which forms might be required in this scenario for the dependent?

Thanks in advance.

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CR001
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Re: Visa Category Change query

Post by CR001 » Wed Aug 27, 2014 9:45 pm

It is the same visa (spouse of person on ILR or spouse of British Citizen), there is no visa change that needs to be done and their current visa will still need to be reviewed after 2.5 years, meeting all the same requirements again, form FLR(M)

ILR can then be applied after 5 years on SET(M).

Once ILR is granted and you have British Citizenship, spouse can apply for citizenship on the basis of 3 years residence as spouse of BC.
Char (CR001 not Casa)
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globalindian
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Joined: Tue Apr 06, 2010 11:44 pm
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Re: Visa Category Change query

Post by globalindian » Wed Aug 27, 2014 11:00 pm

Many thanks Char for the clarification.

globalindian
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Re: Visa Category Change query

Post by globalindian » Fri Aug 29, 2014 12:13 am

Hi Char

2 more query - do you know how long is the FLR M given for? My wife and child came under VAF4A category previously and having 33 months visa currently.

There is a question in FLR M form regarding the category:
2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.
1- First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)
2- Second period of leave to remain (following initial grant of leave to remain).

In my wife's situation should they select for first option or second option? Please advise. I am guessing it is point 1 but confused with the 6 months concept mentioned.

Regards,

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CR001
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Re: Visa Category Change query

Post by CR001 » Fri Aug 29, 2014 4:27 pm

It would be the first option if they arrived on an entry clearance visa following their VAF4A application.

Just bear in mind that forms change, so it is likely by the time they need to extend on FLR(M) that there will be an updated form.

FLR(M) when they extend their visas, will be issued for another 33 months.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

globalindian
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Joined: Tue Apr 06, 2010 11:44 pm
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Re: Visa Category Change query

Post by globalindian » Fri Aug 29, 2014 5:27 pm

Thanks Char. Appreciate your quick response.

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