ILR Main applicant - which entry visa type for wife is valid?

[jaychauhan]

Hi
I would like to know whether I can apply for Tier 1 dependent visa for my wife instead of Ilr settlement dependent visa? Because Ilr settlement dependent visa takes considerably long time than Tier 1 dependent visa.

I read the guidelines and it says
"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"

Because I was on Tier 1 before ILR so this seems to be ok but just wanted to confirm as the last line says "yet do not yet qualify for indefinite leave to remain".

Many thanks

[Casa]

No, as your wife wouldn't be a Tier Dependant, she would be the spouse of a settled person who has iLR.

[marcnath]

Hi
I would like to know whether I can apply for Tier 1 dependent visa for my wife instead of Ilr settlement dependent visa? Because Ilr settlement dependent visa takes considerably long time than Tier 1 dependent visa.

I read the guidelines and it says
"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"

Because I was on Tier 1 before ILR so this seems to be ok but just wanted to confirm as the last line says "yet do not yet qualify for indefinite leave to remain".

Many thanks

It depends on how you got your ILR. If you got your ILR based on your T1 (5 year route), then yes, you can apply for PBS dependant visa. If your ILR was based on 10 year then you need to go with the ILR settlement visa.

[Casa]

My understanding is the spouse could only continue to extend a PBS Dependant visa if they were already in the UK under this category. Not for an entry visa when the sponsor now has ILR.

[jaychauhan]

Yes that is correct. I got my ILR via the 5 year route. Hence i was bit confused as the pdf in the link below says that it is possible

https://www.gov.uk/government/uploads/s ... 2-2018.pdf

Hi
I would like to know whether I can apply for Tier 1 dependent visa for my wife instead of Ilr settlement dependent visa? Because Ilr settlement dependent visa takes considerably long time than Tier 1 dependent visa.

I read the guidelines and it says
"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"

Because I was on Tier 1 before ILR so this seems to be ok but just wanted to confirm as the last line says "yet do not yet qualify for indefinite leave to remain".

Many thanks

It depends on how you got your ILR. If you got your ILR based on your T1 (5 year route), then yes, you can apply for PBS dependant visa. If your ILR was based on 10 year then you need to go with the ILR settlement visa.

[jaychauhan]

Thanks for your replies guys. Is there a way I can be sure about this before applying? Because not only time wise even documents wise ILR dependent I think requires more like UK NARIC certificate or life in uk kind of tests. Correct me if I am wrong please.

[vinny]

My understanding is the spouse could only continue to extend a PBS Dependant visa if they were already in the UK under this category. Not for an entry visa when the sponsor now has ILR.

I believe that Casa is correct.

[marcnath]

My understanding is the spouse could only continue to extend a PBS Dependant visa if they were already in the UK under this category. Not for an entry visa when the sponsor now has ILR.

I don't think so.

Under Section 319C (b) (iii), the applicant should be able to apply for entry clearance as a PBS dependant.

Relevant portion reproduced below:
319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant .......
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant.......

[vinny]

Unfortunately, there are no provisions in 319D(a) to grant entry clearance to the partner of an ILR holder.

[lanrezy]

I don't think so.

Under Section 319C (b) (iii), the applicant should be able to apply for entry clearance as a PBS dependant.

Relevant portion reproduced below:
319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant .......
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant.......

I think you are giving wrong information.
He is no longer on Tier 1.
He is now settled. So the partner should be looking at entry clearance as a dependant of a settled person.
It is covered in 281,282 and 284 of the Immigration rules.
I want to believe that the partner is applying for the first as a dependant.

[lanrezy]

Unfortunately, there are no provisions in 319D(a) to grant entry clearance to the partner of an ILR holder.

This is because an ILR holder is already a settled person and I believe if a partner is applying for the first time as dependant then it should be as a dependant of a settled person which is covered in 281,282 and 284 of the immigration rules.

All the submissions by Casa is totally valid

[lanrezy]

Thanks for your replies guys. Is there a way I can be sure about this before applying? Because not only time wise even documents wise ILR dependent I think requires more like UK NARIC certificate or life in uk kind of tests. Correct me if I am wrong please.

Click - Information as spouse of a settled person

[vinny]

This is because an ILR holder is already a settled person and I believe if a partner is applying for the first time as dependant then it should be as a dependant of a settled person which is covered in 281,282 and 284 of the immigration rules.

Unfortunately, the transitional provisions do not apply. The spouse visa will be subject to Appendix FM, FM-SE, etc.

[marcnath]

I stand corrected. I agree that a further reading of 319 confirms to me that entry clearance as a PBS dependant is not available for partners of ILR holders.

[jaychauhan]

Hi Guys
I am currently on ILR and having discussed before my wife (who is in India) is not eligible for entry level Tier 1 dependent visa. I checked on following website as to what visa i should apply it said family visa.

https://www.gov.uk/check-uk-visa/y/india/family

but when i got to fill out the application form on website.

https://www.visa4uk.fco.gov.uk/Applicat ... BehalfOf=Y

When i select visit visa and also select check box "will she work here". it says you have selected wrong visa type (please see below screenshot)



I am not sure what visa type should i selected. the only option left is the visa type should be settlement visa?

[Casa]

Settlement visa.

https://www.gov.uk/uk-family-visa/partner-spouse

[CR001]

Topics Merged (click)

[CR001]

When i select visit visa and also select check box "will she work here". it says you have selected wrong visa type (please see below screenshot)



I am not sure what visa type should i selected. the only option left is the visa type should be settlement visa?

Why would you select 'Visit visa' if she is coming to live???

You must select :
Settlement
>> Settlement
>>>> Wife

[jaychauhan]

Hi Guys
I finally am applying for the visa and got a list of documents as below. Hope the list is complete? I was meaning to ask what is the best way to send the documents to India (to my wife) because all will be original so want to be sure.

forms
-vaf4a
- online application form
- appendix 2

my documents
- rent agreement
- letter from landlord that you can stay
- council tax bill 2018-2019
- bank statements 6 months
- salary slip 6 months
- company letter
- p60 forms for last 3 years
- passport and visa card color copy attested
- soft copy of letter from home office for PR
- cover letter from me confirming relationship, and that im sponsoring you

common
- marriage certificate
- wedding card in english
- few wedding photos color
- travel together hotel and flight bills
- whats app call list screenshots
- skype calls history

rakhis documents
- original degree
- transcript
- naric certificate eng assessment
- naric certificate degree certificate
- marksheets
- letter of english degree
- up to date cv
- job experience letters. all of them.
- tb test from certified center
- passport and visa photos (visa specific ones)
- bank statements