Tier 2 Dependent visa doubts

[autoenthu]

Hi,

I have a few questions regarding a Tier 2 (General) dependent application.
I'm currently in the UK on a Tier 2 till 2019, after which I will apply for my ILR. I plan to get married in December and come back with my wife as dependent in Dec16. Before that, I'm going to have a court marriage in August in India, so that she can apply for her visa well in advance to December. My questions:

1. How many months in advance to December can she apply for her dependent visa? As I said, we plan to come back to the UK in Dec'16. This questions is with reference to the 30 day BRP rule of collecting the visa within 30 days of intended travel date to the UK, does the rule mean that I can't apply for the visa too early? (even though we will mention in the application form that she will travel to the UK only in Dec'16)

2. Can I provide my UK bank statement for maintenance of funds for her? The Tier 2 dependent guide pack language isn't clear on whether the bank statements provided need to have her name in the account or a letter from me (with my own bank statements) explaining that my funds are maintained for her is enough?

3. IF she decided to visit the UK for a few days in Sept'16 after our court marriage, and if I apply for her Tier 2 dependent visa for that trip itself instead of waiting for Dec'16, what happens to all the days she's not in the UK (about 3 months) even though she has a Tier 2 dependent visa? How does this affect her ILR 5 year period (which I believe allows 180 days/year absence from the UK?)

Thanks, hope someone can help out.

[exman]

Based on my knowledge,

1. You can apply upto 3 months before your planned travel date
2. The most straightforward way is to get a maintenance funds letter from employer (assuming it is an A rated sponsor). However, if not, then in my case I got a bank stamped letter from my bank of the country where I was living to say "minimum balance maintained during the last 90 days is xyz GBP". Such letter plus bank statements should work.
3. I don't know about ILR but a general advice, if you should just a hasty court marriage with just marriage certificate, I am not sure how the High Commission will react because most of the people overdo it in India by providing wedding pictures, whatsapp logs and what not

[geriatrix]

1. Your wife-to-be can apply for a PBS dependant visa as soon as you two get married. As mentioned above, the intended date of travel can be 3 months from the date of application ... but do note that sometimes ECOs miss noting that and issue a visa effective immediately rather than from the date of intended travel mentioned.

If I were you, I would do the following: Apply for EC soon after court marriage. Travel to UK during the validity of the 30 days vignette, collect PBS dependant BRP and spend time with you, return as and when she wishes to finally come back with you after the December ceremonies.

2. Any bank anyhwere in the world. Read the PBS dependant policy guidance.

3. Under current rules, PBS dependants are not subject to "absence from UK" restrictions. No one can tell you today what the rules may be in 2021.


And, unless she can provide compelling evidence of strong ties to her country of residence (e.g. - job), she should resist from applying for a visitor visa after marriage to be in the UK short-term. It will be refused. Instead, consider the plan outlined in 1. above.

[autoenthu]

@exman Thanks

@geriatrix:

Ok, thanks for that, I see what you mean about the visit visa risk and agree. Few more follow up questions please:

1. Ok, noted,

2. Sorry, I didn't quite word the question well. I get that I can give a UK bank statement, but is it OK that the bank statements I give will NOT have my wife's name? (since the account is only in my name). The guidance PDF doesn't seem to specifically mention that.

3. Have you got any reference link from UKBA where it confirms that PBS dependents are not subject to absence restrictions? I looked and looked, can't find anything. Also, since I will get my ILR in 2019 (when I complete 5 years), she will take another 2 years after that, so about 2021 to get her ILR.

Thanks

[geriatrix]

The guidance PDF doesn't seem to specifically mention that.

It does, very clearly!!

3. Have you got any reference link from UKBA where it confirms that PBS dependents are not subject to absence restrictions? I looked and looked, can't find anything. Also, since I will get my ILR in 2019 (when I complete 5 years), she will take another 2 years after that, so about 2021 to get her ILR.

319E spells out the current rules. But no one can tell you today what they may be in the future.

[autoenthu]

Ok, thanks geriatrix.
Basically, what I understand from what you said is that the Tier 2 dependent just has to complete 5 years visa in the UK, and is not subject to the 180 days absence restrictions. Which means, theoretically she can be outside the UK for more than 180 days every 12 months (even though that's not what's going to happen actually).