Return from india - tier 1 dependent - ILR main applicant

[anjath]

Hello,
ILR was processed for me and my son recently.This was a switch from Tier 1 visa.I could not process the same for my spouse as she had not completed 2 years in Uk. On receiving the ILR, i did asked the Immigration office whether it is ok for us to travel to india and whether she can return with the same Tier 1 dependent visa and change it to FLR after comming here. I was told that it was ok.
She(tier 1 dependent visa valid till end of oct) is planning to travel with my Son(ILR) by end of July. I am bit confused after seeing multiple forums saying that she cannot travel due to the change of circumstances. I also saw someone mentioning that it is a gray area and many people have entered here without any issue and also on consulting with one of the agency, i was told that 99% of the case, it will not create a problem as she will be comming with the infant and as it is not an illegal entry(visa valid till end of oct)

Otherwise i will have to process the visa from india which will take atleast 3 months.

Please can anyone share their thoughts.

Anjath.

[asim72]

You have yourselves given any possible thoughts that could be there in this kind of situation. In the end, its your call.

[anjath]

Thanks asim for your response.
what i am trying to find out is if there are people who have faced similar situation who use this forums, and what have they done in this situation.

Regards

[asim72]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I suggest you read 2.3 and 2.5 of this document.
The problem is, that if immigration officer decides not to grant entry, there will be no right of appeal and she will be removed to India.

I would say, err on the side of caution. If it is possible to delay her travel plan, that would be best. You will be better off with her switching to flrm in UK.

If she now applies for flrm from within UK, the application will be under current (easier) rules. If she applies from overseas, it will be an application under new rules, 5 year till ILR etc etc. Perhaps some experts can point out that I am right to suggest that if she applies from overseas she will surely fall into new rules.

[anjath]

Thanks again asim..

As she have got a history of being here for an year, hope the visa processing even from india will be ok. I do not have any problems in the 5 year rule etc.. My primary objective is to have them back in UK with me. Does anyone know how long the spouse visa of ILR will be granted for?

Anjath.

[geriatrix]

27 months, if application is subject to current rules.
33 months, if application is subject to new rules. Then an in-country extension for 30 months.

[anjath]

Thanks sushdmehta.
I started filling the online form for the processing.While doing that i come across a section asking to fill in a sponsorship for for the dependents.
http://www.ukba.homeoffice.gov.uk/sitec ... p-form.pdf
Just wanted to confirm if this is only required for the dependents other than Spouse(like grandparents,in-laws etc). My understanding is that for the spouse visa processing, we need to give a letter from the sponsor(me) stating that i can bear all the expense.

Anjath

[asim72]

Wait for sushdmehta to answer your specific query.

I understand that you have no problem with 5 years route and requirement. But my personal advice would be to go for 2 years route if you can. You just don't know what lies in future.

God forbid you loose job or even some minor financial difficulty which at the time of her extension or at the time of her ILR under 5 years route, creates problems and you are unable to meet requirements then she will end up spending 10 years till ILR.

Its just not the 5 year term that is difficult, there is requirement to meet strict financial requirements backed by every single proof under new rules that will create problem for people in the future.
Present rules are relatively very very easy and very flexible and quick route to settlement.

And who knows, in the meantime they might make rules even stricter, introduce additional criteria. I do not want to scare you, but looking at the present political climate, settlement will keep getting difficult in the future.

[anjath]

I would also like to know if the BHMS degree(5.5 years) that she have done from India is sufficient to prove the english requirement(it says that those who have their degree taught in english is exempt from the requirement). This was the same doc that i submitted while i applied for her tier 1 dependent.

Anjath.

[geriatrix]

Thanks sushdmehta.
I started filling the online form for the processing.While doing that i come across a section asking to fill in a sponsorship for for the dependents.
http://www.ukba.homeoffice.gov.uk/sitec ... p-form.pdf
Just wanted to confirm if this is only required for the dependents other than Spouse(like grandparents,in-laws etc).

Yes.

I would also like to know if the BHMS degree(5.5 years) that she have done from India is sufficient to prove the english requirement(it says that those who have their degree taught in english is exempt from the requirement). This was the same doc that i submitted while i applied for her tier 1 dependent.

Anjath.

Read Q&A guidance for applicants.

[anjath]

Thanks sushdmehta.
The B.H.M.S degree that she hold was taught under Kerala University trivandrum. And this university is listed in the UKBA points based calculator. So do we still need to go for the UK NARIC certificate?

Anjath

[geriatrix]

If the PBS awards 10 points for the qualification, then nothing else is needed.
But if it doesn't, then an approved test must be taken.

[anjath]

Thanks sushdmehta.
It comes with zero points, so is it worth getting the UK NARIC certificate for that?

Also on talking to one of the advisers, they where saying that my wife could have applied ILR with me, and this 2 years in UK rule is only affect from this July. Is that true?

Anjath

[anjath]

Hello,
In order to prove that the candidate meet the english requirement by having a Degree taught in english, which service should we go for, from UK NARIC?

Is it Statement of Comparability or English Language Assessment?

Please can anyone help.

Anjath.

[anjath]

Hello,

I had submitted the degree certificates for the UK NARIC to evaluate and they have certified the BHMS degree course is considered to meet the requirements of CEFR level C1. So i believe she does not need to go for any english certification for the dependent Visa. Please confirm.

Anjath

[dhanz]

Hello anjath

I'm a BHMS degree holder from MG University. i had applied settlement visa on30th may 2012 and still waiting to know the decision.Are you sure BHMS is sufficent to meet the English requirement?.I have submitted my Bhms degree certificate along with a letter from college that certify the medium of academic is in English . I'm bit worried as i came to know from ukba home office site that they don't accept professional and vocational qualifications for meeting the English language requirement (http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf)...what do they mean by 'professional' since engineering , medical etc counts as professional ...do you have any idea?.....

[anjath]

Hi Dhanz,
My wife travelled from india with her old tier 1 dependent and reached here safely. I need to apply the FLR visa for her. I think BHMS should be suffecient,however to get it approved from UKNaric will cost you about £50, better was to get the KET test cleared which is very easy i believe. I am planning to go for Premium appointment for her, so that the decision will be known on the same day.
Good luck for your visa.

Thanks,

[dhanz]

Hello anjath

Thanks for the information and wishes ofcourse !..Good luck to u too..