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WP – dependant

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LT81
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WP – dependant

Post by LT81 » Fri Feb 15, 2008 3:00 pm

I have been in London for a 1 and half years on a Working Holiday Visa. I’ve been sponsored by a Co. that allows me to look for contracts at +200 a day (expires Mar ’09). I’m having trouble finding anything and wallets getting slim (I’m in IT support 1st – 2nd line).

My Girlfriend of just over 2 years has a WP with a bank for 5 years. I was looking into applying for dependant spouse in June. I would really like to stay but we only have:

Joint tenant agreement from 25 May 2006
Another tenant agreement on 16 Sep 2006
Bank statements to the same address (from Jul ’06) (no joint accounts)
All council/utility bills to the same address (from 16th Sep ’06)
Mobile Phone Bills

From what I’ve read, this is unlikely enough. Any suggestions?

Our other option was to apply for a COA, sort out marriage at a registry, both fly back to Australia and apply for entry clearance, fly back here and take a breather.

Any thought’s please, I’m anxious and have read a lot about this and getting more and more confused.

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Post by Administrator » Fri Feb 15, 2008 3:21 pm

.

Moved to UK Family immigration forum (you are seeking Spouse visa or perhaps finace visa).


Don't interrupt your GF's work permit if at all possible. As your sponsor, she needs to show she can support you.

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Post by sakura » Fri Feb 15, 2008 3:28 pm

If your visa is expiring March 2009, I cannot see any problem??

LT81
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Post by LT81 » Fri Feb 15, 2008 3:35 pm

How do you mean by not interuptin my GF's WP?

-

My problem is i can't find a contract paying more than 25ph (requirements of the Company) and will go mad if i have to do so for the next year.

in the long term, I would like to stay as long as she does.

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Post by Administrator » Fri Feb 15, 2008 3:46 pm

.
LT81 wrote:How do you mean by not interuptin my GF's WP?
You mentioned 'taking a breather.' If she is out of country, and there is a long 'breather' in her residency, the time she has accrued will have to start again.

If she loses her work permit, or her earnings are interrupted, she will have even greater difficulty in sponsoring you to come in & stay.

So, be careful. As difficult as it seems now, you could make it worse.

If she has the assets to sponsor you now, it is fairly straightforward: you guys get married, you apply for and receive a spouse visa, you come into the UK.

If she takes a two or three month breather, demonstration of assets becomes much more difficult than you are already facing.

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LT81
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Post by LT81 » Fri Feb 15, 2008 3:54 pm

I didn't actually mean a break as such... more as a relief once it's all over.

I'm able to work on the spouse visa right?

I was read and this form http://www.fco.gov.uk/Files/kfile/VAF2-10Dec07,0.pdf came up and appears that I could be a dependant. Will I be allowed to work and will both of use need to fly back to Aust. to apply for entry clearance again?

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Post by sakura » Fri Feb 15, 2008 4:16 pm

LT81 wrote:I didn't actually mean a break as such... more as a relief once it's all over.

I'm able to work on the spouse visa right?

I was read and this form http://www.fco.gov.uk/Files/kfile/VAF2-10Dec07,0.pdf came up and appears that I could be a dependant. Will I be allowed to work and will both of use need to fly back to Aust. to apply for entry clearance again?
Yes you can work on a dependent's visa.

I believe that on a Working Holiday Maker visa you cannot switch in-country, so you will need to fly back to Australia to apply for a dependent's visa. She doesn't need to be with you, and, in fact, if you marry in the UK then only you would have to leave the country.

LT81
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Post by LT81 » Fri Feb 15, 2008 4:27 pm

sakura wrote:
LT81 wrote:I didn't actually mean a break as such... more as a relief once it's all over.

I'm able to work on the spouse visa right?

I was read and this form http://www.fco.gov.uk/Files/kfile/VAF2-10Dec07,0.pdf came up and appears that I could be a dependant. Will I be allowed to work and will both of use need to fly back to Aust. to apply for entry clearance again?
Yes you can work on a dependent's visa.

I believe that on a Working Holiday Maker visa you cannot switch in-country, so you will need to fly back to Australia to apply for a dependent's visa. She doesn't need to be with you, and, in fact, if you marry in the UK then only you would have to leave the country.
I'm currently on a work permit. that would make any sense to apply as a dependant would it?

with the dependant visa, do i need to provide anything other than the fact that she has the funds to support both of us?

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Post by sakura » Fri Feb 15, 2008 4:46 pm

LT81 wrote:
sakura wrote:
LT81 wrote:I didn't actually mean a break as such... more as a relief once it's all over.

I'm able to work on the spouse visa right?

I was read and this form http://www.fco.gov.uk/Files/kfile/VAF2-10Dec07,0.pdf came up and appears that I could be a dependant. Will I be allowed to work and will both of use need to fly back to Aust. to apply for entry clearance again?
Yes you can work on a dependent's visa.

I believe that on a Working Holiday Maker visa you cannot switch in-country, so you will need to fly back to Australia to apply for a dependent's visa. She doesn't need to be with you, and, in fact, if you marry in the UK then only you would have to leave the country.
I'm currently on a work permit. that would make any sense to apply as a dependant would it?

with the dependant visa, do i need to provide anything other than the fact that she has the funds to support both of us?
I'm confused then. Your first post mentioned working holiday maker visa, or are you now on a work permit? If you are on a WP then you don't need to go to Australia at all. You can marry and switch in the UK (of course, marrying back home would mean the fam is present, but if you wanted to sort things out over here, you can). It would make sense to switch to dependent visa, as your girlfriend's visa is valid for longer, thus your dependent visa would have the same validity. When does she apply for ILR? When would you have applied for ILR?

I think the list of documents is provided on the application form.

LT81
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Post by LT81 » Fri Feb 15, 2008 5:01 pm

sakura wrote:
LT81 wrote:
sakura wrote:
LT81 wrote:I didn't actually mean a break as such... more as a relief once it's all over.

I'm able to work on the spouse visa right?

I was read and this form http://www.fco.gov.uk/Files/kfile/VAF2-10Dec07,0.pdf came up and appears that I could be a dependant. Will I be allowed to work and will both of use need to fly back to Aust. to apply for entry clearance again?
Yes you can work on a dependent's visa.

I believe that on a Working Holiday Maker visa you cannot switch in-country, so you will need to fly back to Australia to apply for a dependent's visa. She doesn't need to be with you, and, in fact, if you marry in the UK then only you would have to leave the country.
I'm currently on a work permit. that would make any sense to apply as a dependant would it?

with the dependant visa, do i need to provide anything other than the fact that she has the funds to support both of us?
I'm confused then. Your first post mentioned working holiday maker visa, or are you now on a work permit? If you are on a WP then you don't need to go to Australia at all. You can marry and switch in the UK (of course, marrying back home would mean the fam is present, but if you wanted to sort things out over here, you can). It would make sense to switch to dependent visa, as your girlfriend's visa is valid for longer, thus your dependent visa would have the same validity. When does she apply for ILR? When would you have applied for ILR?

I think the list of documents is provided on the application form.
yeh originally on a WHMV then got a work permit. She's only got her WP two months ago so no ILR for a while. If I apply for as a dependent right now, wouldn't it be a conflict of interest? I mean that would be the easiest option for me but wouldn't HO see that I have a work Permit than why is there a need to apply for a dependant? could a dependant of a WP apply for ILR after 2 years?

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Post by sakura » Fri Feb 15, 2008 5:05 pm

The HO doesn't mind if you have a work permit and then switch to dependent status. As long as your wife's permit is valid then it shouldn't be a problem.

How do you qualify for ILR in 2 years' time? Time on a working holiday visa only counts towards the 10 years Long Residency Category (LRC). As a dependent you cannot apply for ILR under the 5 year category anyway - your wife (as the work permit holder) would have to apply first, then you as her dependent.

LT81
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Post by LT81 » Fri Feb 15, 2008 5:32 pm

sakura wrote:The HO doesn't mind if you have a work permit and then switch to dependent status. As long as your wife's permit is valid then it shouldn't be a problem.

How do you qualify for ILR in 2 years' time? Time on a working holiday visa only counts towards the 10 years Long Residency Category (LRC). As a dependent you cannot apply for ILR under the 5 year category anyway - your wife (as the work permit holder) would have to apply first, then you as her dependent.
Sounds too easy. She's not my wife yet. will that be an issue?

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Post by sakura » Fri Feb 15, 2008 5:35 pm

LT81 wrote:
sakura wrote:The HO doesn't mind if you have a work permit and then switch to dependent status. As long as your wife's permit is valid then it shouldn't be a problem.

How do you qualify for ILR in 2 years' time? Time on a working holiday visa only counts towards the 10 years Long Residency Category (LRC). As a dependent you cannot apply for ILR under the 5 year category anyway - your wife (as the work permit holder) would have to apply first, then you as her dependent.
Sounds too easy. She's not my wife yet. will that be an issue?
What is too easy???

Well, I thought you were to marry, so this is all future tense :lol:

Of course, it would be the same situation if you are here under unmarried partner dependent visa. But the point is that you apply through her (WP), and cannot do so before her. When do you qualify for ILR (if you are able to stay in the UK long enough)?

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Post by LT81 » Fri Feb 15, 2008 6:08 pm

Thank you so very much!

We're planning to marry anyways but I'll leave that for later. well we both got our WP Nov 07. she got hers for 5 years and mine for 1 and a half. how do i know when i'm up for ILR?

I thought anyone qualifies after 2 years on WP...no?

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Post by sakura » Fri Feb 15, 2008 6:12 pm

LT81 wrote:Thank you so very much!

We're planning to marry anyways but I'll leave that for later. well we both got our WP Nov 07. she got hers for 5 years and mine for 1 and a half. how do i know when i'm up for ILR?

I thought anyone qualifies after 2 years on WP...no?
Two years?! :shock: The world wishes....it's 5 years on a WP or HSMP.

If you are going to apply as unmarried dependent, make your application watertight and very secure. It is not as easy as if you were applying as a spouse.

LT81
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Post by LT81 » Fri Feb 15, 2008 6:14 pm

sakura wrote:
LT81 wrote:Thank you so very much!

We're planning to marry anyways but I'll leave that for later. well we both got our WP Nov 07. she got hers for 5 years and mine for 1 and a half. how do i know when i'm up for ILR?

I thought anyone qualifies after 2 years on WP...no?
Two years?! :shock: The world wishes....it's 5 years on a WP or HSMP.

If you are going to apply as unmarried dependent, make your application watertight and very secure. It is not as easy as if you were applying as a spouse.
is the dependant the same as having to prove more that 2 years of being together?

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