UK Tier1 Extension Help

[yaseenka]

Hi All,

Last week, I have received my tier 1 visa get extended for 3 years,

I would like to have your kind advice for the following

1. My wife tier 1 dependend visa will get expired on December 11th,2012 and need to get extended.

2. I also need to get the dependend visa for my baby from india (never entered UK).

Please support me to undestand the best way to achieve both of the above requirments

Thans Again
Yaseen

[Lucapooka]

Your child must apply for a visa in India. Your wife can choose to apply with the baby or stick with her current (and valid) leave and extend this when she enters the UK. Obviously, she must enter before the expiry in December.

[geriatrix]

If your wife is currently outside the UK then I would suggest that either:
1. she returns to UK before her current leave expires and apply for extension in the UK or,
2. if 1. is no possible, then she applies for entry clearance before her current leave expires.

[yaseenka]

Thanks sushdmehta for your valuable reply.

I am trying to understand the situation now. My wife is in India now with her baby

As per you suggestion, can I request for both(Wife & Baby) new Entry clearance before my wife's current visa expiry. This means requesting new entry clearance for my wife before the expiration of the current visa. because bringing my wife here to UK and applying for extension by post seems to be little complex. besides, I need to get new EC for my baby.

Your reply is highly appreciated

Thanks
Yaseen

[geriatrix]

can I request for both(Wife & Baby) new Entry clearance before my wife's current visa expiry.

Yes.

[tcpip_helper]

for your wife its a visa extension and for your baby its entry clearance. both your wife and baby can apply together though.

don't get confuse with entry clearance and visa, both are same thing, your first ever visa is known as entry clearance normally and thereafter simply visa.

[Lucapooka]

for your wife its a visa extension and for your baby its entry clearance. both your wife and baby can apply together though.

No. EC and leave to remain are entirely different. You can't extend leave in a situation where you are outside the UK; it would be an application for a new entry clearance in the same category.

[tcpip_helper]

Process is almost same, u need to provide almost the same documentry evidance whether it is EC or visa extension in my opinión.

[geriatrix]

Same / similar process doesn't make an application for entry clearance an application for extension (leave to remain).
Extension cannot be applied for from outside the UK.

In order that the OP's wife maintains continuous leave (a requirement for settlement), it has already been suggested to the OP that his wife should apply for EC before her current leave expires.

[hsmp1412]

A question since EC and visa extension are being discussed - is it not that if the OP's wife applies for EC from India she will fall under the new dependant rules applicable from 9 July this year where as if she comes back to the UK and applies for a visa extension she will continue to be under the old rules?

If the above is true, won't it be better if she comes back and does it?

[geriatrix]

is it not that if the OP's wife applies for EC from India she will fall under the new dependant rules applicable from 9 July this year

The requirement is to maintain "continuous leave" from the time of initial entry clearance to be eligible for settlement. The rules do not state that a new entry clearance instead of extension will reset qualifying residential period to that under new rules introduced on 09-July.
319E(d)(i)

It is never a good idea to make travel plans coinciding with expiry of existing leave!!

[hsmp1412]

Thanks for the clarification sushdmehta.