Tier-1 dependent visa vs ILR Dependent after appeal ?

[akris]

Hi,

My Visa to UK as Tier-1 dependent got rejected last year and we filed for appeal in UK Home office. This January it was cleared. During this time, my husband got his ILR (Permanent residency) approved.

I want to get visa to UK but have these questions. I really appreciate your answers for giving better clarity.

1. Should I apply as a Tier-1 dependent ? Is it just the same process I went through or should the Home Office issue something to the Visa Office ?

2. Can Visa stamping be made on the appeal decision made by UK Home office, without reapplying ?

3. Is Settlement visa a better option and more accurate/suitable and less controversial ?

4. Can I go on visitor visa along with my child and if possible, can we apply for the status of ILR dependent


Thank you,[/size]
Anu

[geriatrix]

If your husband has been granted ILR (permanent residency), then the appeal determination has arrived a bit too late and will be of no use to you.

Since he now has ILR, you cannot apply for entry clearance (visa) as a dependent of Tier 1 migrant. Instead, you will have to make a new application for entry clearance as spouse (and child) of a settled person.

You (and child) do not yet qualify for ILR.



regards

[rizwan567]

Let me tell you a real case:

Main applicant on student visa
Dependent applied and got refused.
Appeal filed and won
Meanwhile main applicant switched from student to psw visa.
In order to award visa embassy asked for current status of main appliant
Applicant supplied the copy of psw visa to embassy
Embassy issued psw dependent visa.

Considering the above scenario in mind there are chances that you will be and should be offered same treatment. It was BHC islamabad.

What I would suggest is to wait for few months to get the result from the embassy. If negative then you should apply for new visa application.

If you can not wait then there is no harm in applying new application at any time.