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Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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pyare_16
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Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by pyare_16 » Mon Apr 25, 2016 12:32 pm

Hello everyone,

First, thanks for your continued advice and support to all the members regarding Visa queries. Really appreciate the time and effort the moderators and other members contribute to the form.

I need some advice on my wife / daughter (under 18) visa extension. I currently hold Tier 1 General, due for ILR in August. My wife and Kid had Tier 1 Dependent which expired in Jan 2016, they are currently outside UK. My wife and Kid are planning to come back to UK, but i'm confused on the type of Visa i need to apply and which would be easier for their settlement.

Visa history:
Main applicant (myself ) entered UK in Aug 2011
wife and daughter joined me in March 2012 (note, they got their first dependent visa before the rule change on 9th July 2012)
Wife and daughter left uk in March 2014 and dependent visa was not extended due to the plans that i would be returning back to my home country.

We have a change of circumstance and mind now and would like to live in the UK, i see below mentioned options are the possibilities, but please correct me and refer me to any previous thread or HMRC site where i can find some details.

i see my wife and daughter have completed 2 years continuous living in UK from March 2012 to Feb 2014, but they have been away from UK for more than 2 years too. So i think they are not eligible to apply for ILR when i apply and that too from outside the UK?

or

can i extend their dependent visa(is it possible to extend after the visa has expired in Jan 2016?), they would get visa until main applicant visa is valid (which is Apr 2018) and they can apply for ILR once they complete 2 years continuous residence in UK since their initial dependent visa was granted before 9th July 2012?

or

my only possibility is to apply my ILR and apply family member visa through FLR(M) for my wife and daughter? my daughter was born outside UK, will she be eligible to be registered as British citizen after my neutralization ?

I've gone through the forums ad have read documents, but there are too much information which confused me and made me open this thread, really appreciate the time and effort taken to respond to me for the queries. Thanks and warm regards .

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CR001
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by CR001 » Mon Apr 25, 2016 12:39 pm

The fact that there visas have expired n January likely means that they will no longer be eligible for the 2 years residence pre July 2012 rules. Any visa they apply for now will be a new entry clearance visa with the clock starting again.

They can apply Tier 1 G Dependent if they meet the requirements and return to the UK. They will probably have to wait 5 years for ILR.

They can also apply for spouse/child settlement visa AFTER you get ILR on form VAF4A. This will also be a 5 year route to ILR (2 x 2.5 year visas) and your wife needs English A1, you need to meet the financial requirement of £22,400pa and the immigration health surcharge of £500 each is also payable.( FLR(M) is ONLY for applications made within the UK)

No, your daughter is not eligible to register as British. She will have to follow the same path as your wife.
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pyare_16
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by pyare_16 » Mon Apr 25, 2016 3:14 pm

Thanks a lot for your immediate response CR001.

i've tried to look in my country UKBA site about the fees, but it is little confusing when it says fees for work permit holder or settled person. Once i get ILR do i mean i'm permanently settled in this country or i'm still a work permit holder? I'll check with the support center, but if anyone is aware of the fee structured please let me know....

If i may ask, which option will be lighter on my purse? since i know the Fees are never Economical :D

Thanks,
Pyarelal

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CR001
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by CR001 » Mon Apr 25, 2016 3:21 pm

Not sure what fees you are looking at. ILR = settled status.

Fees list below.

https://www.gov.uk/government/uploads/s ... 7_v0.2.pdf

Immigration health surcharge of £500 per applicant (wife & child) will be required for either route.
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pyare_16
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by pyare_16 » Mon Apr 25, 2016 3:33 pm

Thanks CR001, one last question, do you know under which category they fall?

Settlement £956 £1,195 £239
or
Settlement - other dependent relative £2,141 £2,676 £535

if under "other dependent relative" the fees is so high i would prefer dependent as it's simple and i've done it in the past already.

-Pyare

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Casa
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by Casa » Mon Apr 25, 2016 3:41 pm

pyare_16 wrote:Thanks CR001, one last question, do you know under which category they fall?

Settlement £956 £1,195 £239
or
Settlement - other dependent relative £2,141 £2,676 £535

if under "other dependent relative" the fees is so high i would prefer dependent as it's simple and i've done it in the past already.

-Pyare
You're reading the table incorrectly. Check the headings.
Settlement
£956 = previous fee (shown as 'current fee' as this was published before 18 March 16)
£1,195 = fee post 18 March 2016 (now the current fee)
£239 = fee increase

The same with the 'other dependent relative' table. The current fee is £2,676.
(Casa, not CR001)
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pyare_16
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by pyare_16 » Mon Apr 25, 2016 3:47 pm

Thanks for your comments casa, i think i was not clear about my request. I understand that the pdf file had past/current/fee diff and i was looking if my wife and daughter fall under "settlement" category or "settlement - other dependent relative" category.

From reading few more sites and ukba site, i assume the fees is £1,195 for each dep.

-Pyare

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Casa
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by Casa » Mon Apr 25, 2016 3:50 pm

pyare_16 wrote:Thanks for your comments casa, i think i was not clear about my request. I understand that the pdf file had past/current/fee diff and i was looking if my wife and daughter fall under "settlement" category or "settlement - other dependent relative" category.

From reading few more sites and ukba site, i assume the fees is £1,195 for each dep.

-Pyare
Correct + the £600 NHS surcharge for each applicant.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

pyare_16
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Re: Need advice about Tier 1 (Gen) Dependent Visa or FLR (M)

Post by pyare_16 » Mon Apr 25, 2016 4:47 pm

Thank you...

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