Will the old rules until July of 2012 apply to this occasion

[cqln]

My wife had obtained her T4 dependent visa on 2005 and extended it on 2007. But she didn't stay in the UK because of personal issue. Her leave was expired on 2009 and had no valid leave to remain / enter any more since then.

She is not in the UK and had never applied for a new visa since 2009. She is planing to apply for a new visa soon. But we are not sure what kind of visa she can apply provided I hold the ILR. Will the rules before 8th July, 2012 apply to her? Or she has to go 5 years route now?

Thanks to any reply!

[CR001]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

[cqln]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

Thanks for your reply. Is there any official rules confirming this situation?

[Amber]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

Thanks for your reply. Is there any official rules confirming this situation?

You should read the Transitional Protection Policy

[CR001]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

Thanks for your reply. Is there any official rules confirming this situation?

You should read the Transitional Protection Policy

Amber, would the transitional rules for PBS dependents apply even if the dependent visa expired in 2009 and the dependent has been abroad since then?
Thanks
Char

[cqln]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

Thanks for your reply. Is there any official rules confirming this situation?

You should read the Transitional Protection Policy

Thanks to your advice. It seems paragraph 3.2b is appropriate to deal with this issue.

[cqln]

She will have to apply for spouse visa of settled person (VAF4A) and it will be the new rules which apply.

Thanks for your reply. Is there any official rules confirming this situation?

You should read the Transitional Protection Policy

Amber, would the transitional rules for PBS dependents apply even if the dependent visa expired in 2009 and the dependent has been abroad since then?
Thanks
Char

It's hard to say, but the transitional rules have only mentioned

If an applicant was granted an initial period of leave to enter or remain as a PBS dependant before 9 July 2012 but has not lived with their PBS partner for the required 2 years in the United Kingdom at the date their partner is applying for indefinite leave to remain then, provided their partner gained indefinite leave to remain as a relevant points based system migrant, the applicant can apply for further leave to remain under paragraph 319C (b) (iii) (1).

[CR001]

It's hard to say, but the transitional rules have only mentioned

If an applicant was granted an initial period of leave to enter or remain as a PBS dependant before 9 July 2012 but has not lived with their PBS partner for the required 2 years in the United Kingdom at the date their partner is applying for indefinite leave to remain then, provided their partner gained indefinite leave to remain as a relevant points based system migrant, the applicant can apply for further leave to remain under paragraph 319C (b) (iii) (1).

[/quote]

My understanding of the above quote is that the dependent will have valid PBS leave at the time of the main applicant ILR approval. I don't believe that this would be applicable as your wife's leave expired in 2009 and she has been abroad since then and my understanding is that she needs to make a fresh application for entry clearance as a spouse of settled person.

[cqln]

It's hard to say, but the transitional rules have only mentioned

If an applicant was granted an initial period of leave to enter or remain as a PBS dependant before 9 July 2012 but has not lived with their PBS partner for the required 2 years in the United Kingdom at the date their partner is applying for indefinite leave to remain then, provided their partner gained indefinite leave to remain as a relevant points based system migrant, the applicant can apply for further leave to remain under paragraph 319C (b) (iii) (1).

My understanding of the above quote is that the dependent will have valid PBS leave at the time of the main applicant ILR approval. I don't believe that this would be applicable as your wife's leave expired in 2009 and she has been abroad since then and my understanding is that she needs to make a fresh application for entry clearance as a spouse of settled person.[/quote]

Yes, I think so. She has to apply for a spouse visa but the later processing is quite different when she apply for her ILR.

[CR001]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

[cqln]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

No, this is not what I mean. I mean she can apply for a new leave to enter but this leave will consider the old one. So, this is not a 2.5 years one.

[CR001]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

No, this is not what I mean. I mean she can apply for a new leave to enter but this leave will consider the old one. So, this is not a 2.5 years one.

Perhaps, maybe a guru or moderator could confirm for definite, but I think the fact that her visa expired 4 years ago will be an issue.

[cqln]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

No, this is not what I mean. I mean she can apply for a new leave to enter but this leave will consider the old one. So, this is not a 2.5 years one.

Perhaps, maybe a guru or moderator could confirm for definite, but I think the fact that her visa expired 4 years ago will be an issue.

Yes, this is that I am worrying.

[Amber]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

No, this is not what I mean. I mean she can apply for a new leave to enter but this leave will consider the old one. So, this is not a 2.5 years one.

Perhaps, maybe a guru or moderator could confirm for definite, but I think the fact that her visa expired 4 years ago will be an issue.

See 2.1 (ii) NB of the link I provided,

[cqln]

Yes I think so too. She will get a visa for 2.5 months and after that will have to renew for a further 2.5 years making up the 5 year requirement and then she will be able to apply for ILR.

For all steps you will need to meet the new financial requirements and the standard requirements.

No, this is not what I mean. I mean she can apply for a new leave to enter but this leave will consider the old one. So, this is not a 2.5 years one.

Perhaps, maybe a guru or moderator could confirm for definite, but I think the fact that her visa expired 4 years ago will be an issue.

See 2.1 (ii) NB of the link I provided,

It is quite clear now. Thanks!