Do I need to Apply for a Dependent Visa for EEA Spouse?

[avijendr]

Hi,

I am an Indian citizen living & working in the UK since August 2007 on a Work permit. And from April 2009 with Tier-1 (Valid until April 2012). My wife (Who is a Romanian national - EEA) is with me since Dec-2008, though we got married only in Dec-2011. Now I want to do a tier-1 extension:

My Question/Concern:

Question(1) - Do I need to apply for a separate dependent visa for my wife? She is already living in the UK and have right to remain in the UK being a member of EEA nation.
Question(2) - If not or so, how much should be the maintenance fund that I should maintain in my bank account?


Please explain.


Best Regards
AV

[geriatrix]

Yes, if she wants to live in the UK as your dependant.

Should she or not is another matter, and can be answered based on your responses to the following questions:
1. Is your wife a qualified person?
2. Has she been exercising treaty rights in the UK since her arrival here?
3. When will she be eligible for PR (under EEA regulations)?
4. When will you be eligible for ILR (under UK immigration laws)?

My wife (Who is a Romanian national - EEA) is with me since Dec-2008, though we got married only in Dec-2011.

What do you mean when you say "is with me"? And Dec 2011 is yet to pass!

[avijendr]

Hi,
Thanks for your reply.

Yes, if she wants to live in the UK as your dependant.

Yeah but a visa means entry clearance where she doesn't needs an entry clearance. An I don't think she needs to be my dependent as she has rights for free movement in the UK. She needs to worry only when is has got a job or about to join a new job? Please correct me if I am wrong.

Answer to your questions:

1. Is your wife a qualified person?

Yeah she is a jobseeker.

2. Has she been exercising treaty rights in the UK since her arrival here

?
As I mentioned above she is a jobseeker. She is not been exercising any treaty rights.

3. When will she be eligible for PR (under EEA regulations)?

As she is not exercising treaty right other than a jobseeker, I am not sure when. But technically in 2013 May

4. When will you be eligible for ILR (under UK immigration laws)?

August 2012

What do you mean when you say "is with me"? And Dec 2011 is yet to pass!

Sorry that was a typo. What I meant was Dec 2010.


Anticipating your reply. Thanks in advance.

[geriatrix]

If she has been out of work for more than 6 months, then she should change to your dependant ... if she wishes to apply for settlement at the earliest possible opportunity.

[avijendr]

Thanks very much.

So you say that she needs to change it to my dependent only if she needs to be a permanent resident?

Coming back to the original question:

So now if I am extending my Tier-1 does she need to be my dependent legally?

[geriatrix]

So you say that she needs to change it to my dependent only if she needs to be a permanent resident?

No, she can continue to live in the UK as an EEA citizen and acquire PR in her own right as and when she becomes eligible.

But, if she is or has not been exercising treaty rights in the UK then changing to your dependant may help her become eligible for settlement sooner than she would on her own (as an EEA citizen).

So now if I am extending my Tier-1 does she need to be my dependent legally?

No.

[avijendr]

Thanks very much. You are a star