Visa for my wife

[AndrewNi]

Hi,

Please can someone help to answer my question below? Thanks a million.

I am currently on Tier 1 (general), and my wife on Tier 4 (student visa). I will apply for ILR in August.
The new rule means my wife will need to spend 5 years before getting her ILR, if she covert to Spouse visa after my ILR in August.
I am wondering, is it possible for her to go back to China now, and lodge application as my Tier 1 Dependant before the 9 July deadline, and then apply for FLR(M) once I convert to ILR in August. That way, would she be eligible for ILR after 2 years or 5 years?

Thanks so much

[geriatrix]

1. Possible.
2. Two.

[AndrewNi]

1. Possible.
2. Two.

Thanks for the prompt reply, and it seems everyone in similar situation should apply asap before 09/07. Much appreciated.

Just one more question on the details: I know the current rule would apply if the application is lodged before 9 July (regardless of when visa is granted), but how would I prove to HO that my wife should be application to the 2 years rule? (as the dependant visa will likely to be issued after 09/07/2012)?

[geriatrix]

You don't have to prove anything of the sort - such requirements are not endorsed on the passport / visa vignette.

Just keep the evidence of application (fees receipt) in safe custody, should you have a problem in future.

[AndrewNi]

You don't have to prove anything of the sort - such requirements are not endorsed on the passport / visa vignette.

Just keep the evidence of application (fees receipt) in safe custody, should you have a problem in future.

Thanks so much for your help, and really appreciate your dedication to answer various questions.

One more question, I understand my wife's Tier 1 dependant visa would be invlid once I switch from Tier 1 to ILR, and she would need to apply FLR(M). However, at that point she won't have proof of English Language above A1, and as a result does not satisfy the requirement for FLR(M)? What would her circumstance be in that case?

[geriatrix]

When is your current Tier 1 (General) leave due to expire?

[AndrewNi]

When is your current Tier 1 (General) leave due to expire?

Due to expire in Feb 2013.

[AndrewNi]

Could someone please help? Thanks

[geriatrix]

Will need some more information to suggest the best course of action:

When did your wife enter UK as a Tier 4 migrant?
Since when have you two been living together in UK in a relationship akin to marriage?
Can you provide documentary evidences of cohabitation for the period that you have been living together?

[AndrewNi]

She entered UK as Tier 4 student in 2010. We lived together since then, and have joint account and other individual bank account with same address (although no council tax or utility bills as stayed with friend). Only get married in May 2012 though.

My question is whether her Tier 1 dependant visa would be invalid after I turned to ILR? and if so, what should she do as she have no English language proof to convert to FLR(M).

[geriatrix]

If approved, she will be issued leave that will expire on the same day as your current PBS leave (Feb 2013). She will remain legal unless her leave is curtailed (323) or expires or she's subject to removal. However, if she travels, then she may be refused entry because her circumstances (321A(1)) or purpose (320(5)) have changed.

So, after entering UK as a PBS dependant if she does not intend to travel until Feb 2013, she has until Feb 2013 to pass an approved English test.


That said, your wife (having entered UK as a PBS dependant based on an entry clearance application submitted before 09-Jul-12) will be eligible for settlement at the same time as you and may be included in your settlement application .... subject to you providing documentary evidences of cohabitation in the UK for at least 2 years.

[geriatrix]

The one thing that you must address, without further ado, is to have your wife travel to China and apply for entry clearance as a PBS dependant before 09-Jul-12.

Any queries regarding FLR(M) or possible settlement application can be sorted out here in the interim.

[AndrewNi]

The one thing that you must address, without further ado, is to have your wife travel to China and apply for entry clearance as a PBS dependant before 09-Jul-12.

Any queries regarding FLR(M) or possible settlement application can be sorted out here in the interim.

Thanks very much for your help. That is definitely the plan and she should be on the plane this weekend...

BTW, the air tickets are damn expensive now...

[geriatrix]

Refer to SET(M) form and read Note 8 (page 19) therein. Then, share which documentary evidences you think you can provide.

[AndrewNi]

My wife has just received her Tier 1 dependant visa (showing as valid from 12 July 2012 to Feb 2013, applicaition submitted on 3 July 2012). I will apply for ILR in August. Got a few more questions?

1. Can I apply with her as my dependant using SET(O) form? or is that dependant only for those qualified 2 years already only?
2. If not, how should I fill the new FLR(M) form to make sure it is considered under the old rules prior 9 July?

Thanks

[AndrewNi]

Please kindly help me. Thanks