Urgent - Dependant Leave different from Main applicant

[marcnath]

I have a situation where I would appreciate some help.

I have a Tier 1 Entrepreneur Visa valid for another four months.

I just realised that my the dependant visa for my spouse (applied and issued at the same time as me) expires in a few weeks.

When it was originally granted, the difference was explained due to the fact that my spouse passport was only valid until Nov.

Now, on enquiring about how this is to be handled, I am told that I need to apply for an extension of the dependant's pass paying the full fee of 1000+. When granted, it would only be extended until the validity of my visa. So, in 2-3 months, I am going to have to spend the fees all over again.

I can't apply for renewal now as that would mean I'll not meet the residence requirement when I am ready for ILR, if they are efficient and process it quickly.

Can I apply for a ToC instead now on the basis that my spouse should have had the same leave as mine ?

If that is rejected, I could appeal.

And I assume by the time those processes are done, I am ready to apply for our joint renewal.

Are you allowed to make a fresh application (in this case renewal) when another is under processing (either the ToC or the appeal ?)

I am really short of time - so a fast reply appreciated.

[marcnath]

Yes, mine is 3 years 4 months and my spouse is 3 months.

But I only moved over 2 months after grant. So, applying for a renewal now is risky if it comes through in less than 2 years.

[Olasunkanmi]

@ marcnath, if you move to UK 2months after being granted your 3yrs 4months visa and your spouse 3yrs, it means that by the time you have spent 2yrs 10months in UK, your spouse visa will have expired.

My advice is as follows;

First submit an extension for both of you about 2days or so before your spouse visa expires. Then HO will send biometric letter for both of you within 1-2wks and you will have another 2wks to submit your biometric details.

You can then wait till about 4days before your biometric letter expires and then call/email HO to send you another biometric letter citing any excuse you like, but make sure you follow up the call daily to make sure that HO send another biometric letter to you as they sometimes fail to follow up call and email request.

Once HO send you another biometric letter, wait again till the last 3-4days of the 2wks before doing the biometrics and by this time, you and your spouse will have spent additional 1-2months to make your stay about 3yrs and your problem will have been resolve.

Once you get your 2yrs extension, then you can decide to wait till the end before submitting your ILR application in order to be very close to the 5yrs period.

I hope this solve your concern.

[marcnath]

Thanks for the reply. Unfortunately, since I need to travel for business, I also wanted minimise the time my passport is held with UK VI.

Decided to bite the bullet and pay twice the fees to the UK government !!!