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Need help; spouse visa application

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Marriage | Unmarried Partners | Fiancé | Ancestry

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DannyNK
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Posts: 11
Joined: Mon Jun 17, 2013 1:07 am

Need help; spouse visa application

Post by DannyNK » Mon Jun 17, 2013 1:23 am

All,
I recently obtained ILR (Late May 2013). Prior to this, I was on the Tier 1 post-study work visa. My wife was therefore here as a PBS Tier 1 dependent and she is back to Kenya. She returned coz her visa was close to expiring. I stayed on coz my ILR application was still with the home office. Now that it is out, I wish to have her return and we are currently working on applying - then I read this from the UKBA website:

" You cannot apply in a partner category if you:
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
you do not qualify for settlement yet.
Instead, you must apply as a dependant under the relevant category of points-based system. "

That is confusing ! What it implies is that she can't apply simply because I was previously on the Tier 1 scheme and she does not qualify for settlement. It furthe implies that the only application she can make is as a dependant on a points-based system - of which I am no longer part of.

Could someone please shed some light on this issue ? I was of the school of thought that she would apply for a spouse visa - until I read that.

Thanks.

Dan.

vinny
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Posts: 33287
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Jun 17, 2013 2:32 am

It's badly worded.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

DannyNK
Newly Registered
Posts: 11
Joined: Mon Jun 17, 2013 1:07 am

Post by DannyNK » Mon Jun 17, 2013 8:02 am

vinny wrote:It's badly worded.
Thanks for your response Vinny.
In that case, if it was properly worded, what SHOULD it have said ?

vinny
Moderator
Posts: 33287
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Jul 02, 2013 6:38 am

They have already changed to more appropriate wording.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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