WP Dep->Tier 1 Dep -> WP -> Tier 1 -> Tier 1 dep

[roobaru]

Hi Team,

I am a bit confused and concerned and would highly appreciate your help.

My spouse accompanied me to UK as my dependant, I then shifted Tier 1 and my spouse also shifted to Tier 1 dependant. Spouse was then sponsered by the company for WP, but then had to shift to Tier 1 due to some work issues. My child is currently a dependant on my spouse's visa. I plan to get them shifted to dependant status on my Tier 1 as I would be eligible for ILR early next year. My assumption is that this would enable all of us to apply for ILR at the same time as myself. Please confirm?

Also is there any reason to be concerned about getting my spouse and child shifted to my dependant status?

Would there be any complications due to my spouse having gone through so many different visa status?

What all proof's do I need to provide along with the VAF forms?

I also have a question regarding my salary slips, my company has outsourced the payroll process to a third party, so the salary slips which are issued come with the Third party name rather than the company's name. would this cause any issues? I do have a letter from my company on its letterhead wherein they explain this. Would it help if I attach this letter or would it cause more confusion?

I also need some help with filling the vaf forms.

Part 3
3.1 - what would I provide as full residential address, would it be Indian address or UK?

Part 6 - I am not sure what I need to fill for
6.2 - We have been resident in the uk for the last 4.5 years and have travelled abroad, so not sure what to fill in for purpose and duration?
6.4 - should we mention all the visa details including dependants and own WP and Tier 1?
6.8 - what is meant by "remain in the UK"? do WP, Tier 1 and dependants fall under this category? what should be mentioned here?

Looking forward to your guidance.

Please excuse me in case these questions have already been asked and answered, in which case, please guide me in the correct direction.

Kind Regards

[innocentdevil]

i have seen a case where dependant's have to wait until their time (5 years) complete before they can apply for ILR. So if she accompanied you after 1 year of your Tier1 then if you are due ILR 2011 Apr (lets say) then she would be granted ILR Apr 2012.

Hope this helps.

[roobaru]

Thanks for the reply, in my case my spouse accompanied me when I came over. So has completed 5 years though in a combination of categories, but as spouse will be applying as my dependant my understanding is that they only need to show 2 years of living together at the same address. Don't believe there is a 5 year criteria for dependants

[geriatrix]

Don't believe there is a 5 year criteria for dependants

There isn't.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

regards

[roobaru]

Thanks for the clarification.

319E wrote:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

Regarding the above, is the two year criteria tied in with the dependant status? Does the spouse need to be on a dependant visa for the 2 year period?

Also is there any visibility on any change in regards to dependant work eligibility for both tier 1 and ILR?

[mk357]

Thanks for the clarification.

319E wrote:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

Regarding the above, is the two year criteria tied in with the dependant status? Does the spouse need to be on a dependant visa for the 2 year period?

Also is there any visibility on any change in regards to dependant work eligibility for both tier 1 and ILR?

I think she should be on a dependant visa for 2 years, and this is for your spouse only. Your dependant children don't need to meet this criteria. In my opinion you cannot get someone an ILR who is not depenant on you (visa purpose).

Good luck

[roobaru]

Thanks for reply.

My understanding was it was not the case. Could someone please confirm?

[geriatrix]

My spouse accompanied me to UK as my dependant, I then shifted Tier 1 and my spouse also shifted to Tier 1 dependant. Spouse was then sponsered by the company for WP, but then had to shift to Tier 1 due to some work issues. My child is currently a dependant on my spouse's visa. I plan to get them shifted to dependant status on my Tier 1 as I would be eligible for ILR this year.

I had submitted the following documents:

1. letter from my company
2. 6 months bank statement(joint account)
3. 6 months salary slips
4. mortgage deed
5. marriage certificate

but the application has been refused, I haven't received the letter in hand so do not have additional detail but they are claiming lack of supporting documents.

Could someone please let me know the list of supporting evidence that I need to supply along with my wife and daughters application for dependant visa.

The refusal letter will explain the exact reason(s) of refusal, but did you submit:
1. Evidence of maintenance funds?
2. Child's birth certificate?


regards

[roobaru]

yes, I have submitted both.

[geriatrix]

Wait until you know the exact reason(s) and can share the same on the forum.

Could be a case of mistake / error of judgement at ECO's end.

regards

[roobaru]

The official reason for refusal provided is "Non submission of Original documents". The ECO sys that my spouse refused to submit the originals wheres the reality is that the VFS officer said either would do and there is no difference.

I am not sure what I should do now?

[geriatrix]

Apply afresh.


regards