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RECEIVED VISA TODAY, 2 QUESTIONS (ENTER WITH WIFE ETC)

General UK immigration & work permits; don't post job search or family related topics!

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seasky
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RECEIVED VISA TODAY, 2 QUESTIONS (ENTER WITH WIFE ETC)

Post by seasky » Thu Dec 22, 2011 9:21 pm

received my tier1 visa today (first visa not extension)

1. Do me and my wife (also received) need to enter the UK together?
2. I am currently in the UK (short trip using my other passport) do I have to enter and exit?

seasky
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Post by seasky » Thu Dec 22, 2011 9:30 pm

Another question, when I enter the UK now do I queue the non UK/EU line or EU/UK line (and do I fill an immigration card?)

kadik
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Post by kadik » Fri Dec 23, 2011 9:31 am

1. Do me and my wife (also received) need to enter the UK together?

No not required
2. I am currently in the UK (short trip using my other passport) do I have to enter and exit?
Do you have two passports? I am confused here...I have always thought you could possess only one valid passport

Another question, when I enter the UK now do I queue the non UK/EU line or EU/UK line (and do I fill an immigration card?)
This depends on which country your orgin is from. If you are from UK/EU then stand in that line and complete the required formalities otherwise stand in the non UK/EU line.

seasky
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Post by seasky » Fri Dec 23, 2011 9:45 am

Do you have two passports? I am confused here...I have always thought you could possess only one valid passport

yes two nationalities two passports


This depends on which country your orgin is from. If you are from UK/EU then stand in that line and complete the required formalities otherwise stand in the non UK/EU line.


now I am confused. If I had EU citizenship, I would not need a visa in the first place

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Post by geriatrix » Fri Dec 23, 2011 11:03 am

Which Tier 1 visa is this? Tier 1 (General) category has been closed for new entrants from outside UK since December 2010!!
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seasky
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Post by seasky » Fri Dec 23, 2011 11:05 am

sushdmehta wrote:Which Tier 1 visa is this? Tier 1 (General) category has been closed for new entrants from outside UK since December 2010!!
Tier 1 Entrepreneur. I posted in the 'general' forum as I thought this was a 'general' question not really relating to which type of tier1 (im not an expert on all these things). I called UKBA they said we do not need to enter together

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Post by geriatrix » Fri Dec 23, 2011 11:18 am

Moved to appropriate forum - "General UK Immigration Forum"

To the questions:
1. The dependant migrant may enter with the principal migrant or later, but not before.
2. The queue that you should join depends on the country that has issued the passport in which the Tier 1 (Entrepreneur) vignette is endorsed. Since UK/EU nationals don't need a PBS leave to live/work in the UK but you have PBS leave endorsed so I assume that you do not hold a UK/EU passport. So, you'll join the "non UK/EU passports" queue.
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Post by seasky » Fri Dec 23, 2011 11:27 am

sushdmehta wrote:Moved to appropriate forum - "General Immigration Forum"

To the questions:
1. The dependant migrant may enter with the principal migrant or later, but not before.
2. The queue that you should join depends on the country that has issued the passport in which the Tier 1 (Entrepreneur) vignette is endorsed. Since UK/EU nationals don't need a PBS leave to live/work in the UK, you'll join the "non UK/EU passports" queue.
I called the UKBA and they said we do not need to enter together. You are now saying that is partially correct, that I have to enter first (which is an issue as I am currently in the UK but entered on my other passport). If You are correct I should exit and enter properly on my Visa passport. Is there a source to this rule?

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Post by geriatrix » Fri Dec 23, 2011 11:31 am

1. You have not entered UK as a "PBS migrant", but as a visitor.
2. For your PBS leave to take effect, you need to exit and enter UK again (using the passport that has PBS leave endorsed).
3. Your wife may enter UK as a PBS dependant either when you are entering UK as a PBS migrant or after you have entered UK as PBS migrant, not before.
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seasky
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Post by seasky » Fri Dec 23, 2011 11:33 am

sushdmehta wrote: 3. Your wife may enter UK as a PBS dependant either when you are entering UK as a PBS migrant or after you have entered UK as PBS migrant, not before.
Is there a reference to this rule?

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Post by geriatrix » Fri Dec 23, 2011 11:44 am

Not that I know of. Perhaps there is none because it is normal to expect that a "dependant's" right to enter / live / work in the UK is dependent on the fact that the "principal / sponsoring migrant" has entered UK and is residing / working in accordance with the rules related to the leave issued.

Reading this topic may be useful.
Life isn't fair, but you can be!

seasky
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Post by seasky » Fri Dec 23, 2011 11:58 am

sushdmehta wrote:Not that I know of. Perhaps there is none because it is normal to expect that a "dependant's" right to enter / live / work in the UK is dependent on the fact that the "principal / sponsoring migrant" has entered UK and is residing / working in accordance with the rules related to the leave issued.

Reading this topic may be useful.
sushdmehta,

Thank you for your very responsive answers. In my case we are talking about my dependent arriving a day or two before me. So trying to figure out if this is an issue....

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Post by geriatrix » Fri Dec 23, 2011 12:08 pm

1. If the IO discovers that you have not entered UK as a PBS migrant, your dependant will be refused entry. If he does't figure it out, she won't be stopped. But, do you want to risk it?
2. Do you want to risk that your dependant may face an issue in future (no one can tell you if, when or how a breach can come back to bite you), just because she couldn't wait for two-three days to enter UK with / after you.

Your choice!
Life isn't fair, but you can be!

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