Wife Settlement Visa

[aa188]

Hi all,

I am currently on ILR visa and got it through HSMP/Tier-1. I need to apply for my wife's visa and was looking at the latest rules for making a settlement application and cant understand the below,

You cannot apply in a partner category if you:

1. are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system;
and
2. you do not qualify for settlement yet.

Instead, you must apply as a dependant under the relevant category of points-based system.

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

So as per condition-1 above does it mean we cannot apply my wifes visa under settlement category and need to apply as a dependent in Tier-1?

Can any one please advise? Also dont understand what is meant by conditon-2 above?

Thanks in advance.

[Lucapooka]

[quote="aa188"I need to apply for my wife's visa [/quote]
Where is your wife now?

[aa188]

[quote="aa188"I need to apply for my wife's visa

Where is your wife now?[/quote]

Hi,
She's in India now.

[Lucapooka]

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

[aa188]

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

Hi Lucapooka

You have re-produced the link. Am i missing something?

[aa188]

Could members of the forum please share their views/advise?

would it need to be a tier-1 dependent application now, instead of settlement?

[navodwickra]

Could members of the forum please share their views/advise?

would it need to be a tier-1 dependent application now, instead of settlement?

Has this been the case before 12th December. We applied on 12th December and my wife used the settlement form.

[Greenie]

Could members of the forum please share their views/advise?

would it need to be a tier-1 dependent application now, instead of settlement?

the information on the website is misleading, and refers to dependent of PBS migrants who already have PBS dependent leave but who don't qualify for settlement at the same time as the main migrant. Your wife needs to apply for a Spouse settlement visa.

[navodwickra]

Could members of the forum please share their views/advise?

would it need to be a tier-1 dependent application now, instead of settlement?

the information on the website is misleading, and refers to dependent of PBS migrants who already have PBS dependent leave but who don't qualify for settlement at the same time as the main migrant. Your wife needs to apply for a Spouse settlement visa.

That makes sense thanks Greenie

[aa188]

Thanks Greenie for the clarification.

[Year2012]

Could members of the forum please share their views/advise?

would it need to be a tier-1 dependent application now, instead of settlement?

the information on the website is misleading, and refers to dependent of PBS migrants who already have PBS dependent leave but who don't qualify for settlement at the same time as the main migrant. Your wife needs to apply for a Spouse settlement visa.

Hi Greenie, my husband has the similar situation as aa188, he is currently on ILR visa and got it through HSMP/Tier-1. I was on tier 1 before, I planned to change to spouse visa. My question is that you mentioned that aa188's wife need to apply for a spouse settlement visa ? Doesn't she need to apply for spouse visa first and then after 5 years to apply for the settlement, or she can apply for the settlement directly ? I am just wondering if I can apply for spouse settlement visa as well as you mentioned above. Thank you so much for your advice !