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Tier1 dependant visa expire

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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hrayrd
Newbie
Posts: 37
Joined: Thu Nov 04, 2010 10:03 pm

Tier1 dependant visa expire

Post by hrayrd » Tue Mar 29, 2011 5:08 pm

Hello,
I have few questions , and will highly appreciate if anybody provides answers to my question.

I have Tier1 visa which will expire in August/2012
I am going to get married soon, and my wife will start study in the UK so i am in the middle to choose for which visa she should apply Tier1 dependent or Study visa.

QUESTIONS
1)
If i am right , if she now applies for tier 1 dependent visa, that visa will expire in August/2012 as mine, and she will have to apply again once i get extension of my visa? Did i understand it right or no?

2)
I hope there is no any limitation, disadvantage to study in the UK with Tier 1 visa.

Many Thanks in advance

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier1 dependant visa expire

Post by geriatrix » Tue Mar 29, 2011 5:19 pm

hrayrd wrote:1) If i am right , if she now applies for tier 1 dependent visa, that visa will expire in August/2012 as mine, and she will have to apply again once i get extension of my visa? Did i understand it right or no?
Correct.
hrayrd wrote:2) I hope there is no any limitation, disadvantage to study in the UK with Tier 1 visa.
If she can be certain that she will complete her course before expiry of her "dependant" leave to enter / remain, then she may study in the UK while being on "dependant immigration status".

If she is unable to complete the course (for any reason) within the time period that her "dependant leave" is valid or let's say she is unable to apply for settlement for some reason, then assuming no changes in immigration rules in the interim, she will need a CAS from the Tier 4 sponsor and will need to apply for entry clearance as Tier 4 migrant to be able to continue her course in the UK (cannot switch from within UK as 245ZX(b) is not met). And, whether a Tier 4 sponsor will issue a CAS in the middle of the course is also a question that only the educational institute where she intends to study can answer.

In effect, a definite answer to your query depends on the duration of the course she intends to undertake and her ability to complete the course within the time that her dependant leave is valid.
Life isn't fair, but you can be!

hrayrd
Newbie
Posts: 37
Joined: Thu Nov 04, 2010 10:03 pm

Re: Tier1 dependant visa expire

Post by hrayrd » Tue Mar 29, 2011 5:35 pm

Thanks for reply,
there is no problem with course dates ,I just want to understand
1) Pros and Cons of Study visa vs Tier 1 dependent visa while she is a student.

2) Also if you say that my first question is correct , that means that during this 1 year she will apply for Tier 1 dependent twice that means a lot of money for me, 1300$ now, and 1300$ in next August when i will apply and get my extension?
Am i still right?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier1 dependant visa expire

Post by geriatrix » Tue Mar 29, 2011 5:50 pm

hrayrd wrote:1) Pros and Cons of Study visa vs Tier 1 dependent visa while she is a student.
Other than what is highlighted above, IMHO, there is no disadvantage of studying in the UK while being on "dependant" immigration status. The advantages, as I see it, are that:
1. the day she finishes her course, she can apply for full-time jobs and work if she wishes to. There is no restriction on employment when on dependant visa.
2. She may apply for settlement as your dependant - if she qualifies for it - at the same time as you.

On the other hand, if she is on Tier 4 leave, she will have to change immigration categories to work full-time after the course .. and will not be able to apply for settlement as your dependant at the same time as you ... and will have to leave the country if she then wishes to become your dependant.
hrayrd wrote:2) Also if you say that my first question is correct , that means that during this 1 year she will apply for Tier 1 dependent twice that means a lot of money for me, 1300$ now, and 1300$ in next August when i will apply and get my extension?
One must pay when the time comes to pay! If she wants to enter and live in the UK, she must pay fees for immigration application(s) ... just as everyone else, who is liable to do so, must!
Life isn't fair, but you can be!

hrayrd
Newbie
Posts: 37
Joined: Thu Nov 04, 2010 10:03 pm

Re: Tier1 dependant visa expire

Post by hrayrd » Tue Mar 29, 2011 6:04 pm

Thanks a lot for detailed response. That does make sense, especially paying twice per 1 year :) :)

Anyway, based on your response i will take my decision,

thanks again!

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