can dependant stay back in uk alone?

[h1b||tier1]

me and my wife are planning to apply for uk tier 1 visa. my wife will be the main applicant and i will be dependant. plz let me know if the following plan is possible once our visa is approved:

we travel together to uk. my wife (main applicant) comes back to india with in a week, while i (dependant) stay back and search for a job. after i get a job, my wife rejoins me at uk.

is such a scenario possible legally and practically? looking forward to ur expert advice and guidance.

[monday]

HI
This is actually possible, but remember that your wife is the main applicant and i believe you are coming with the aim of getting ILR in the future in which case your wife must not be out of UK for more than 90days consecutively in a year and 180 in total withing 5years.
All depends on how quick can you get a job since your wife is not coming until you get a job.

[h1b||tier1]

thanks monday. further i had few more doubts:

while leaving alone and then while re-entering uk alone, is it possible that immigration authorities at airport will question my wife ab my whereabouts? will they ask questions like:

"why are you going back home with in a week itself?"
"when do you plan to come back to uk?"
"how can u leave ur dependant back and go back home alone?"
"how will your dependant take care of his expenses?"

in such a situation will it be okay if she tells the truth or should she give some other reason. plz suggest some good answers for these questions. what else are the possible questions which they might ask her?

HI
This is actually possible, but remember that your wife is the main applicant and i believe you are coming with the aim of getting ILR in the future in which case your wife must not be out of UK for more than 90days consecutively in a year and 180 in total withing 5years.
All depends on how quick can you get a job since your wife is not coming until you get a job.

[HSMP2008_JANUARY]

thanks monday. further i had few more doubts:

while leaving alone and then while re-entering uk alone, is it possible that immigration authorities at airport will question my wife ab my whereabouts? will they ask questions like:

"why are you going back home with in a week itself?"

No

"when do you plan to come back to uk?"

No

"how can u leave ur dependant back and go back home alone?"

No

"how will your dependant take care of his expenses?"

No


in such a situation will it be okay if she tells the truth or should she give some other reason. plz suggest some good answers for these questions. what else are the possible questions which they might ask her?

HI
This is actually possible, but remember that your wife is the main applicant and i believe you are coming with the aim of getting ILR in the future in which case your wife must not be out of UK for more than 90days consecutively in a year and 180 in total withing 5years.
All depends on how quick can you get a job since your wife is not coming until you get a job.

They wont be knowing any thing and matter of fact they dont care about it.

[h1b||tier1]

thanks Monday & HSMP2008_JANUARY.

this is the most cost effective way i could go to uk and search for a job. only catch is, i’ll have to shell out more on the flight ticket nw.

has anybody else got similar exp? please share your thoughts..

[hsmp_1476]

thanks Monday & HSMP2008_JANUARY.

this is the most cost effective way i could go to uk and search for a job. only catch is, i’ll have to shell out more on the flight ticket nw.

has anybody else got similar exp? please share your thoughts..

I think you, with a dependent visa can travel alone, before the main applicant comes here. I dont think its a compulsion that the main applicant has to enter first. That way you can save on the flight charge.

[nksg]

I disapprove with the statement below...(apologies) this has already been discussed many times in the past and the outcome was dependent cannot travel alone for the first time...

as the initial poster suggested, the best is if travels with his wife (main applicant) for the first time and wife goes back (may be after a week). And then return once he is settled..

I would also say that at UK exit points there is no immigration check so his wife wont be asked any question... i would also recommend to follow the advice given by Monday on ILR eligibility (as of rules today).

thanks Monday & HSMP2008_JANUARY.

this is the most cost effective way i could go to uk and search for a job. only catch is, i’ll have to shell out more on the flight ticket nw.

has anybody else got similar exp? please share your thoughts..

I think you, with a dependent visa can travel alone, before the main applicant comes here. I dont think its a compulsion that the main applicant has to enter first. That way you can save on the flight charge.

[tvn_ramesh]

I disapprove with the statement below...(apologies) this has already been discussed many times in the past and the outcome was dependent cannot travel alone for the first time...

as the initial poster suggested, the best is if travels with his wife (main applicant) for the first time and wife goes back (may be after a week). And then return once he is settled..

I would also say that at UK exit points there is no immigration check so his wife wont be asked any question... i would also recommend to follow the advice given by Monday on ILR eligibility (as of rules today).

Agreed

[f2k]

thanks Monday & HSMP2008_JANUARY.

this is the most cost effective way i could go to uk and search for a job. only catch is, i’ll have to shell out more on the flight ticket nw.

has anybody else got similar exp? please share your thoughts..

I think you, with a dependent visa can travel alone, before the main applicant comes here. I dont think its a compulsion that the main applicant has to enter first. That way you can save on the flight charge.

I agree with nksg, tvn_ramesh. The dependent CANNOT travel before the main applicant, you are issued with that visa to join your spouse who will support you. One of the questions they will ask you at the airport is 'what are you coming to do? if your answer is not 'TO join spouse who is here on Tier 1 or whatever, then you can be back on the plane. Of course if you lie you could be in even more trouble.

Now even the business of the dependent staying behind could be a problem if they found out cause your spouse is not here supporting you. but what are the chances of them finding out

[h1b||tier1]

today we finally received our visa stamped passports. thank you so much everyone for all the help.

the visas are valid from 16-oct-2009. we got future dated visas because we requested for this in our application.

since october is not a good time to go to uk and search for a job we are planning to do the following:

visa valid from 16-oct-2009

first week of jan 2010: travel to uk together (main applicant + dependant) (entering uk almost 3 months late)

second week of jan 2010: main applicant returns back to india leaving the dependant back in uk.

first week of april 2010: main applicant travels back to uk to join dependant (with in 90 days of leaving uk)

keeping the present ilr rules in mind is the above plan good enough?
i understand that we might have to go for a second extension of tier 1 before we apply for ilr since we will be entering uk late by almost 3 months.

as per the above plan, how many days will be counted as the time spend outside uk? (maximum allowed in 5 years is 180 days as per the current ilr rules). is this counted from the day the main applicant enters uk for the first time or is it counted from the day the visa validity starts?

seniors plz advice...

[cheshiregoan]

as per the above plan, how many days will be counted as the time spend outside uk? (maximum allowed in 5 years is 180 days as per the current ilr rules). is this counted from the day the main applicant enters uk for the first time or is it counted from the day the visa validity starts?

seniors plz advice...

As per the current visa rules you have to enter the UK on the 16th of October 2009 in order to be eligible to apply for the ILR on 16th October 2014. So it is unlikely that you will be able to apply for the ILR before 2015 anyway.

[h1b||tier1]

plz send me the link to the relevant ilr rules.
also do u think it is a gud idea to enter uk by 16th october and search for a job. will it be easy to land a job in IT filed at that time considering the current market conditions?
will i be better placed if i wait untill jan 2010?

[cheshiregoan]

Here is the link for the relevant section on the UKBA website:

http://www.ukba.homeoffice.gov.uk/ukres ... ettlement/

Unfortunately I don't have any idea about the IT job market, so can't help you on that one.

[h1b||tier1]

seniors..plz clarify these doubts:

1. will the delay to enter uk for the first time (16-oct-2009 to 10-jan-2010 which is less than 90 days) added to the number of days outside uk?

2. i understand that, the max no. of days allowed outside uk in a YEAR is 90 days. what is the definition of YEAR in my case?

a. 01-jan to 31-dec
b. 16-oct to 15-oct (our visa is valid from 16-oct-2009)
c. 10-jan to 09-jan (we will be entering uk for the first time by 10-jan-2009)

HI
This is actually possible, but remember that your wife is the main applicant and i believe you are coming with the aim of getting ILR in the future in which case your wife must not be out of UK for more than 90days consecutively in a year and 180 in total withing 5years.
All depends on how quick can you get a job since your wife is not coming until you get a job.

[tvn_ramesh]

seniors..plz clarify these doubts:

1. will the delay to enter uk for the first time (16-oct-2009 to 10-jan-2010 which is less than 90 days) added to the number of days outside uk?

2. i understand that, the max no. of days allowed outside uk in a YEAR is 90 days. what is the definition of YEAR in my case?

a. 01-jan to 31-dec
b. 16-oct to 15-oct (our visa is valid from 16-oct-2009)
c. 10-jan to 09-jan (we will be entering uk for the first time by 10-jan-2009)

HI
This is actually possible, but remember that your wife is the main applicant and i believe you are coming with the aim of getting ILR in the future in which case your wife must not be out of UK for more than 90days consecutively in a year and 180 in total withing 5years.
All depends on how quick can you get a job since your wife is not coming until you get a job.

Your ILR clock starts only once u enter tge country not when the visa start date..

YEAD Def: 1yr from the date u enter first time...

Senior's pls correct me if anything different

[pkumar]

Sorry TVN. You clock starts when visa starts and not when you enter.

Since dependent cannot apply for ILR and if main applicant comes after 3 months of visa starts as in your case and then again goes for 3 months .... which means around 5-6 months you already consumed of 180 days of 5 year period. So in order to get ILR you will literally have to stay in UK for next 4 years WITHOUT leaving this country ... Please think!!

[tvn_ramesh]

@pkumar:

maybe.. I am not sure.. thanks or correcting..

[vinny]

Sorry TVN. You clock starts when visa starts and not when you enter.

Clock starts when you initially enter.

See also entry period after tier 1 and guidance.

[ChetanOjha]

Sorry TVN. You clock starts when visa starts and not when you enter.

Since dependent cannot apply for ILR and if main applicant comes after 3 months of visa starts as in your case and then again goes for 3 months .... which means around 5-6 months you already consumed of 180 days of 5 year period. So in order to get ILR you will literally have to stay in UK for next 4 years WITHOUT leaving this country ... Please think!!

Clock start when person first enter into UK and not with the visa start date.

[tvn_ramesh]

Sorry TVN. You clock starts when visa starts and not when you enter.

Since dependent cannot apply for ILR and if main applicant comes after 3 months of visa starts as in your case and then again goes for 3 months .... which means around 5-6 months you already consumed of 180 days of 5 year period. So in order to get ILR you will literally have to stay in UK for next 4 years WITHOUT leaving this country ... Please think!!

Clock start when person first enter into UK and not with the visa start date.

Thanks Chetan n Vinny:
now i am sure..