Dependant visa application for spouse of ILR Holder

[Sana_Ayz]

Hi,

I am non-UK resident spouse of ILR Holder, however my husband lost his job due to pandemic and is unable to meet the income requirement of £18500 to sponsor me for spouse visa.

Can I apply for dependent visa (instead of spouse visa) if my husband is ILR Holder, as the the savings/income requirements for dependant visa is not as tough as in spouse visa.

Regards.

[CR001]

What exactly do you mean by "dependent visa"? Which visa is this you are referring to?

[Sana_Ayz]

What exactly do you mean by "dependent visa"? Which visa is this you are referring to?

What i meant was PBS Dependent visa that normally Tier, 1, 2, 3, 4, 5 holders apply for their spouses. Also, can you recommend me any alternative visa through whuch my spouse can sponsor me.

[seagul]

Where are you now? What visa you have? How your partner achieved his ILR either long residence/pbs?

[CR001]

What exactly do you mean by "dependent visa"? Which visa is this you are referring to?

What i meant was PBS Dependent visa that normally Tier, 1, 2, 3, 4, 5 holders apply for their spouses. Also, can you recommend me any alternative visa through whuch my spouse can sponsor me.

If you have not held a PBS dependent visa before, then no you cannot apply for this now if your first visa you got was a spouse settlement visa AFTER your spouse got ilr if he got ilr based on 5 years residence.

If you don't meet the financial requirment, you will have to apply ok n FLR FP 10 year partner route.

[Sana_Ayz]

If you have not held a PBS dependent visa before, then no you cannot apply for this now if your first visa you got was a spouse settlement visa AFTER your spouse got ilr if he got ilr based on 5 years residence.

If you don't meet the financial requirment, you will have to apply ok n FLR FP 10 year partner route.

I never had any UK VISA before. This is my first time I will be coming to UK. My partner got his ILR almost a year ago. So can I apply PBS dependent ?? What options do I have ??

[CR001]

So can I apply PBS dependent ??

No you cannot as your spouse is not a PBS visa holder.

What options do I have ??

FLR FP 10 year partner route if neither of you work to meet the financial requirment. This is a 4 X 2.5 year visa route.

[seagul]

An application for Flrfp wouldn't be possible from overseas since the op isn't already in UK.

[CR001]

An application for Flrfp wouldn't be possible from overseas since the op isn't already in UK.

It is possible, but difficult to prove.

https://www.gov.uk/uk-family-visa/partner-spouse

You also need to prove you:

If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome
it would breach your human rights to stop you coming to the UK or make you leave

[seagul]

That above quote won't apply because op is married who aren't living as couple at overseas rather sponsor is living in UK who recently lost his job means he is here alone whilst op is living overseas. Also op hasn't mentioned about any child.

What you’ll need to prove
You must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

Previous quote was the possibility in case above criteria cannot be met but op is married who neither can be assumed as fiancee or unmarried partner as per above.

[Korekt]

Being married is not an issue. The rules provide for it. It is difficult as exceptional circumstances and Article 8 issues are involved.

See D-ECP.1.2.

A grant under this section is for the 10-year route to ILR.

[seagul]

Being married is not an issue.

Being married will certainly matter due to making it plausible for the grant of leave as partner under Appendix FM. Consequently, it will extirpate the eligibility for any other leave including Flrfp. See:

For both entry clearance and leave to remain applications as a parent, if the child
normally lives with their other British citizen or settled parent or carer, that person
cannot be the partner of the applicant (which for leave to remain includes a person
who has been in a relationship with the applicant for less than 2 years prior to the
date of application) and the applicant must not be eligible to apply for entry clearance
or leave to remain as a partner under Appendix FM.

Source: Family Policy
Family life (as a partner or parent),
private life and exceptional
circumstances
Version 8.0

[Korekt]

What are you talking about? I thought the OP is enquiring about applying as a partner.

The bit you've cited is referring to an application as a parent which is a totally separate route. Did you look at D-ECP.1.2.? It is separate from EC-PT which is where the bit you've cited is under in the Rules.

[seagul]

What are you talking about? I thought the OP is enquiring about applying as a partner.

Op is actually perplexed with dependant route or spouse visa route without knowing that the correct route is spouse visa route. All other replies are afterwards towards alternative possibilities which seems impossible.

[Korekt]

Let's keep it simple.

The point that was made is that the 10-year route to ILR can be granted for applications made outside the UK which you have stated isn't possible.

No matter how you twist and turn with your so-called explanations, the simple fact is that it is possible, albeit more difficult. It is provided for in the rules.