Dependant Visa from India

[suresh.k.dasari]

Hi All

I currently have a British passport, my wife is on a Dependant visa which is due for renewal in September this year. We are planning to go down to India for a year due to personal reasons which might cause my wife's dependant visa expire in September.

However, after 1 year, I can still return back to UK with no issues but was worried what will be the procedure to bring my wife into UK.
a. Should I still apply for a fresh Dependant Visa?
b. Should I show earnings (currently 18,600 pounds)
c. Should I first enter uk, earn 18,600 and then apply for a dependant visa, then bring my wife into UK?

Please advise the procedure.

Regards

[CR001]

If her visa expires while she is abroad, she will have to apply again and the whole process with start fresh from day 1 and 5 years will be counted from the new entry clearance visa.

Why don't you renew at PEO shortly before you travel as she will get another visa for a further 2.5 years so would be able to return with you but would probably require another extension sometime in the future.

[suresh.k.dasari]

When you say renewa shortly, how soon can I apply for renewal. I am under the impression that I can only apply for renewal 30 days prior to the expiry of current visa. Is that correct?

[CR001]

When are you planning on traveling?

You can probably apply sooner for the extension, it generally just means that there will be an additional extension to cover the few months shortfall because of an early extension application. However, a spouse visa should not be used to just visit the UK. It is a settlement visa after all, which is why I suggest that she may need a further extension once you return to the UK.

[suresh.k.dasari]

Thanks for the info. We have decided to renew the visa and then go down to India. However, can I check how soon before expiry can we go for a renewal. The current visa expiry is mid September. Can we go for renewal 2 or 3 months prior expiry?

[Raj5]

When are you planning on traveling?

You can probably apply sooner for the extension, it generally just means that there will be an additional extension to cover the few months shortfall because of an early extension application. However, a spouse visa should not be used to just visit the UK. It is a settlement visa after all, which is why I suggest that she may need a further extension once you return to the UK.

Hi Char,

Is nothing in the rules to stop an early spouse visa application, as I think somewhere I read the visa should not be applied before 38 days of expiry.