Advise - Tier1 Dependency visa or ILR (5yr route) dependent

[yeahkisha]

Hello,

I am currently on Tier-1 visa and would be eligible for ILR during May 2016.

My wife is currently in India and planning to apply for her dependent visa and looking for advise please.

She came to UK on tier-1 dependent visa in July 2013 and returned back to India by end of Sept 2013. Her Tier-1 dependent visa was expired on Nov 2014. She never traveled to UK sine Sep 2013 and I have not applied for dependent visa since then as we both know that she will only be coming to UK on or after Mar / Apr 2016. (due to my son finishing his education back in India)

My question -
1. Is it better for us to wait until I get my ILR and then apply for her dependent visa? if so, what form I need to use for her application? So she will travel to UK after May 2016 (depending on her getting the ILR Dependent Visa)
2. Would it be beneficial to apply for her Tier-1 dependent visa now (mine is valid until Nov 2017) and hopefully she get the visa until Nov 2017 and then apply for her extension. She will be continuously staying with me once she arrives to UK in 2016

Greatly appreciate your help.

Thanks
Kisha..

[yeahkisha]

Hi moderators / senior members

Please could anyone respond to my query?

Thanks
Kisha...

[geriatrix]

IMHO, applying for and extending PBS dependant is much less cumbersome than as a spouse / partner / child of a settled person, albeit more expensive.
Assuming your wife is not a doctor / dentist.

[yeahkisha]

Hi sushdmehta:

Thanks for your response.

I won't be able to apply a tier-1 dependent visa for my wife at the moment as I don't have enough funds managed for 90 days period. Her last tier-1 dependent visa was expired Nov 2014. She is in India since then.

If I get my ILR in April and if we would like to apply for visa in May 2016, under which category should I apply for her dependent visa? I think she is not eligible for a settlement visa as she was only in UK for 2 months in the last 5 years and currently living in India since Sept 2013.

Please help.

Thanks
Kisha

[CR001]

Once you have ILR, she will need to apply for a spouse settlement visa (a 5 year route to ILR). See link below.

https://www.gov.uk/join-family-in-uk/overview

[yeahkisha]

Hi CR001,

Thanks for your kind response. It's very helpful.

I have gone through the link and understood she need to take Level A1 English language test :(

as she doesn't have a degree taught in English.


Much appreciate your time.

Thanks
Kisha

[yeahkisha]

Dear CR001

I was further reading the PBS dependent guidance and hoping you could clarify on the following points.
***********************************************
You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; or
**************************************************************

I am right in understanding that,as per the second bullet point, my wife can apply for a PBS dependent visa even after I get my ILR?

Thanks
Kisha

[vinny]

Unfortunately, the second bullet point is only applicable for leave to remain applications from inside the UK. It doesn't apply to spouse's entry clearance applications.

[yeahkisha]

Hi Vinni,

Not the answer I was looking for :(

Thanks for your clarification and taking time to respond.

Cheers
Kisha