Tier 1 General dependent extension from India

amir1105 · Post by **amir1105** » Sun Apr 14, 2013 12:38 am

Hi,

I am an Indian national living in the UK on a Tier 1 General visa (expiring on 01/08/2013) along with my wife and 2 sons as dependents. My wife and elder son have an entry clearance from India expiring on 01/08, and my younger son was born in the UK and has a leave to remain expiring on the same day.

I have plans to get my visa extended in July, but there is an issue with my family, as they have planned for a vacation in India in July-August this year. for this reason my family is planning to get their visa extended from India. This will also save us some money based on increased fee if one is applying in UK...

My query on this is whether there is any issue doing this i.e. applying extension from India and if they will have to apply for a new entry clearance or a leave to remain and does it make any difference?

can someone advise please.

Thanks in advance,

Amir

UKBALoveStory · Post by **UKBALoveStory** » Sun Apr 14, 2013 8:28 am

amir1105 wrote:Hi,

I am an Indian national living in the UK on a Tier 1 General visa (expiring on 01/08/2013) along with my wife and 2 sons as dependents. My wife and elder son have an entry clearance from India expiring on 01/08, and my younger son was born in the UK and has a leave to remain expiring on the same day.

I have plans to get my visa extended in July, but there is an issue with my family, as they have planned for a vacation in India in July-August this year. for this reason my family is planning to get their visa extended from India. This will also save us some money based on increased fee if one is applying in UK...

My query on this is whether there is any issue doing this i.e. applying extension from India and if they will have to apply for a new entry clearance or a leave to remain and does it make any difference?

can someone advise please.

Thanks in advance,

Amir

I believe you can only apply for extension in country. (But wait for answer from some senior)

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 9:37 am

Thanks Tanvir.

will wait for some more expert advise...

Post by **vinny** » Mon Apr 15, 2013 9:55 am

That is correct. They cannot apply for extensions from outside the UK. They may apply for entry clearances.

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 10:01 am

Thanks Vinny, but does it make any difference? and can they apply for an entry clearance before expiry of their current entry clearance/leave to remain?

Post by **Lucapooka** » Mon Apr 15, 2013 10:07 am

Obviously when applying for entry clearance, the expiry date of previous leave does not matter.

Post by **vinny** » Mon Apr 15, 2013 10:11 am

Yes, they may apply. However, their leave will be granted in line with yours, under 319D(a)(i).

Why don't they travel back before the expiry of their leave?

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 10:32 am

Their current visa will expire on 01/08, they are traveling to India on 24/07 and will apply for visa in Delhi around that time.
Since they will be coming back in the end of August, so will need a visa to come back.

Post by **vinny** » Mon Apr 15, 2013 10:47 am

If your leave is also expiring on 01/08/2013, then they may apply for (be issued) visas only after you have successfully extended.

That's a consequence of 319D(a)(i).

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 11:09 am

Yes Vinny, please read thru my first post....
My visa expires on 01/08 as well and I will get it extended in July before my dependents apply for their entry clearance in India.

UKBALoveStory · Post by **UKBALoveStory** » Mon Apr 15, 2013 11:34 am

amir1105 wrote:Yes Vinny, please read thru my first post....
My visa expires on 01/08 as well and I will get it extended in July before my dependents apply for their entry clearance in India.

If your spouse "visa" expires and (s)he reapplies and granted "visa" new rules will be applicable on her/him. (especially ILR 5 year rule)

This will not be applied on your children if they are born in UK as they will qualify for BC as soon as you get ILR.

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 11:54 am

thanks Tahir. please can you elaborate on this ILR 5 year rule/send me a UKBA link, how this affects dependents?

UKBALoveStory · Post by **UKBALoveStory** » Mon Apr 15, 2013 12:05 pm

amir1105 wrote:thanks Tahir. please can you elaborate on this ILR 5 year rule/send me a UKBA link, how this affects dependents?

see this

amir1105 · Post by **amir1105** » Mon Apr 15, 2013 12:34 pm

Thanks a lot Tahir. this is what I was looking for...

so that means if my wife comes to the UK on a new entry clearance, she might fall into new catagory and will have to complete 5 years before being eligible for ILR...

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Tier 1 General dependent extension from India

Tier 1 General dependent extension from India

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