Dependent Visa extension from India

[haiksuresh]

Dear Gurus,
Could you please help me.

My Current Visa was going to expire on 18th May 2014. I need to go for my 2nd extension near future.

Due to some health problems my wife went to India, She was going to stay couple months in India only. She entered UK in 2011 and she completed 2years in UK with me.

Here my question was. Once I have extended my visa in UK, I will be sending all my visa documents to my wife and she will be applying for dependent visa from INDIA with in 28days of my new renewed visa i.e approval date.

My ILR was due in some time in next year, So Whether my wife can be eligible for ILR along with me, Or As she was extended her visa from INDIA UKBA consider that her VISA was a fresh visa and she need to wait another 5 years to get ILR ?


Thanks & Regards,
Suresh

[haiksuresh]

around 60 views no one was replying... please help me gurus..

[vinny]

It's unclear.

[haiksuresh]

Hi Vinny,
Great thanks for this forum, Every one benefited a lot from this forum. My question was below.

My current visa was expiring in May 2014. My wife went to India due to some medical emergency. She came UK in 2011 and completed 2 years. She will be back to UK in couple of months time. My ILR was due in Oct 2015.

I will extend my visa from UK, And i will send all visa docs to India. She will be extending her visa from India with in 28 days from My visa approval date. In this case whether she will eligible for ILR along with me on Oct 2015 ?


Thanks & Regards,
Suresh

[vinny]

The question is clear, but the answer is that it is not certain.

Do click on the given links for more details.

[shargaur]

Hi haiksuresh,

Think logically. If she is outside UK and her tier 1 is expired, it will be a new application not an extension. You can only extend if your current visa status is intact or alive. secondly, extension only happens inside a country. Outside a country is a new application.

[haiksuresh]

Hi haiksuresh,

Think logically. If she is outside UK and her tier 1 is expired, it will be a new application not an extension. You can only extend if your current visa status is intact or alive. secondly, extension only happens inside a country. Outside a country is a new application.

Dear shargaur,
I do agree, if her visa expired and applied a new visa, then will considered as new application. But my wife will expire in may. And also i am going to extend her visa before that. i.e i will extend my visa here in uk and with in 28 days of approval i will apply her extension from india all these things will be before may 2014.

I believe that if dependants can apply ILR (ILE) from out side UK, Why can't we apply extension from out side UK ? Are you sure about this ?

[wAITINGFORILR]

hI sURENSH
I am in similar position as you, I wonder if you found any solution or ans to your question you posted.

I am thinking to apply for dependent visa from India when they go back to India this summer. Please let me know if you have any good and bad experience with it.

[haiksuresh]

I dont want take any risk. So my wife came uk for extension. And we done extension from uk only.

Regards,
Suresh

[tkonline19]

As per ILR Continuous periods requirement document, it looks continuous period wont be broken if
dependent applies for new entry clearance from india within 28days of their visa expiry and coming back to UK within
180 days.

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance
within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave
remains valid, provided the absence(s) do not exceed 180 days in a relevant 12
month period.
If the applicant’s leave expires whilst they are outside the UK and they apply for entry
clearance within 28 days, the applicant’s continuous period is not broken. In this
circumstance, if they successfully get a new grant of entry clearance, the period spent
outside of the UK will count towards the 180 days allowable absence. This includes any
time:
 after the expiry of their leave
 while the entry clearance application is under consideration, and
 where they are delayed entering the UK once entry clearance has been granted.
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry
clearance more than 28 days after their previous leave expires, the continuous period is
broken and leave is not aggregated.

Read page 27 at

https://www.gov.uk/government/uploads/s ... eriods.pdf

Thanks
TK

[vinny]

Note that the document does not cover dependants (pages 1 and 2).

[cutevedha]

Hi Vinny

Where did they its only for main applicant and not for dependent applicant. I do not see the meaning of "applicant" is main applicant only in any dictionary. A person who is applying for for anything is called as an applicant. Don't overlook the process.

[O_Relly]

Hi Vinny

Where did they its only for main applicant and not for dependent applicant. I do not see the meaning of "applicant" is main applicant only in any dictionary. A person who is applying for for anything is called as an applicant. Don't overlook the process.

Vinny is right. Page 2, does not state dependents anywhere. See below from pg2,

This guidance tells you how to calculate the five year continuous lawful period in the UK
requirement for an applicant in the following categories.
 representative of an overseas business (paragraph 150 of the Immigration Rules)
 UK ancestry (paragraph 192)
 retired person of independent means (paragraph 269)
 domestic workers in private households (paragraph 159G), and
 the following sub-categories of the points-based system:
o Tier 1 (Exceptional talent) (paragraph 245BF)
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HF)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place before 6 April
2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households granted
entry under rules in place before 6 April 2012 only (paragraph 245 ZS).
It covers the following routes which allow accelerated settlement:
 Tier 1 (Entrepreneur) (paragraph 245DF)
 Tier 1 (Investor) (paragraph 245EF).

[O_Relly]

Thanks Vinny for pointing out and clarifying.