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Spouse visa to apply.....confused????

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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ihameed30
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Posts: 52
Joined: Mon Oct 27, 2014 10:22 am

Spouse visa to apply.....confused????

Post by ihameed30 » Wed Dec 10, 2014 12:04 pm

My wife is living in UK with me on Tier 1 Dependent Visa since 2011. She got this from back home. She was here before this on student visa with me as my wife till Aug 2011.

Since Aug 2011 she has got dependent tier 1 visa and also got one extension as PBS tier 1 dependent when i applied for tier 1 extension.

Now i have applied for ILR under 10 year rule. obvioulsy she cannot apply with me if i am right.

What documents will i be needing in order to apply her SET(M) visa once i have received my ILR. Is there any other route she can switch to from this category.

She got this tier 1 PBS dependant visa valid till 2016. Can she travel on this after i get my ILR.

Please help....

Obie
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Location: UK/Ireland
Ireland

Re: Spouse visa to apply.....confused????

Post by Obie » Wed Dec 10, 2014 3:50 pm

Once you got the ILR long residence, just prepare to start the clock again. And apply under Appendix FM. Hopefully your earning is over 18.6 K a year.

After 5 years she will qualify for ILR .

It makes more sense to stay on PBS up to ILR stage. But if you switch, time us reset for her.
Smooth seas do not make skilful sailors

ihameed30
Junior Member
Posts: 52
Joined: Mon Oct 27, 2014 10:22 am

Re: Spouse visa to apply.....confused????

Post by ihameed30 » Wed Dec 10, 2014 5:02 pm

1). Can she travel on PBS dependent visa whilst me on being ILR.

2). If she carries on her PBS dependent visa till 2016. Will she be eligible to apply ILR under 5 year rule. Although i will be on ILR already.


Thank you

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CR001
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Re: Spouse visa to apply.....confused????

Post by CR001 » Wed Dec 10, 2014 5:31 pm

ihameed30 wrote:1). Can she travel on PBS dependent visa whilst me on being ILR. She may face difficulties re-entering the UK on a PBS dependent visa if you obtained ILR through long residency

2). If she carries on her PBS dependent visa till 2016. Will she be eligible to apply ILR under 5 year rule. Although i will be on ILR already. No, she has no option other than to switch to FLR(M) and meet all the requirements, as Vinny as advised. The rules changed in April this year. Her ILR clock will reset to 0 when she switches to FLR(M) and she will have to complete another 5 years before she will be eligible for ILR. You have have been better off applying for ILR as a Tier 1 migrant.


Thank you
Char (CR001 not Casa)
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