ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Can dependent go before the main visa holder

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

NvNv
Junior Member
Posts: 53
Joined: Thu Jan 03, 2008 10:42 am
Location: india
Contact:

Can dependent go before the main visa holder

Post by NvNv » Thu Jun 05, 2008 4:08 pm

Help me ...

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Jun 05, 2008 4:18 pm

Yes.

As long as the dependent has the necessary Entry Clearance and can convincingly answer questions (if any) by the Immigration officers at the landing airport.

regards

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Can dependent go before the main visa holder

Post by push » Thu Jun 05, 2008 9:20 pm

NvNv wrote:Help me ...
In normal course YES !!

State the problem clearly. What makes you think that they cant? any issues with that?

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: Can dependent go before the main visa holder

Post by republique » Thu Jun 05, 2008 9:21 pm

NvNv wrote:Help me ...
He is not supposed to go before the primary applicant

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Can dependent go before the main visa holder

Post by push » Thu Jun 05, 2008 9:24 pm

republique wrote:
NvNv wrote:Help me ...
He is not supposed to go before the primary applicant
What are you basing your statement on?

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: Can dependent go before the main visa holder

Post by republique » Thu Jun 05, 2008 10:45 pm

push_hsmp wrote:
republique wrote:
NvNv wrote:Help me ...
He is not supposed to go before the primary applicant
What are you basing your statement on?
what are you basing your statement on?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Can dependent go before the main visa holder

Post by push » Thu Jun 05, 2008 10:54 pm

republique wrote:
push_hsmp wrote:
republique wrote:
NvNv wrote:Help me ...
He is not supposed to go before the primary applicant
What are you basing your statement on?
what are you basing your statement on?
mine was a genuine query. I have based my statement on the fact that it seems perfectly fine for a dependent to travel all alone/ before the main applicant etc. and I could not find anything to the contrary on the BIA website - i.e. I did not find any restrictive clause regarding the same.

When you categorically said that a dependent cant travel before the main applicant (I am assuming adequate arrangements for their arrangements and sustainance in UK have already been made and they can satisfy the immigration officer) I thought you must have found some restrictive clause and thus requested you to quote the reference. Looks like you are more interested in one-upmanship rather.

regards,

push_hsmp

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: Can dependent go before the main visa holder

Post by republique » Thu Jun 05, 2008 10:58 pm

push_hsmp wrote:
republique wrote:
push_hsmp wrote:
republique wrote: He is not supposed to go before the primary applicant
What are you basing your statement on?
what are you basing your statement on?
mine was a genuine query. I have based my statement on the fact that it seems perfectly fine for a dependent to travel all alone/ before the main applicant etc. and I could not find anything to the contrary on the BIA website - i.e. I did not find any restrictive clause regarding the same.

When you categorically said that a dependent cant travel before the main applicant (I am assuming adequate arrangements for their arrangements and sustainance in UK have already been made and they can satisfy the immigration officer) I thought you must have found some restrictive clause and thus requested you to quote the reference. Looks like you are more interested in one-upmanship rather.

regards,

push_hsmp
How is it a fact when you are basing it on it just sounding perfectly fine?

So you are not basing it on a fact at all.

I am basing it on previous posts from other \s on the forum so feel free to use the search function or go to the bia site.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Can dependent go before the main visa holder

Post by push » Thu Jun 05, 2008 11:31 pm

Please help us in that case, by directing us to the relevant thread on this forum or the particular page on BIA website. I ried a lot but could not find anything which suggested otherwise.


regards,

push_hsmp
republique wrote:
push_hsmp wrote:
republique wrote:
push_hsmp wrote:
What are you basing your statement on?
what are you basing your statement on?
mine was a genuine query. I have based my statement on the fact that it seems perfectly fine for a dependent to travel all alone/ before the main applicant etc. and I could not find anything to the contrary on the BIA website - i.e. I did not find any restrictive clause regarding the same.

When you categorically said that a dependent cant travel before the main applicant (I am assuming adequate arrangements for their arrangements and sustainance in UK have already been made and they can satisfy the immigration officer) I thought you must have found some restrictive clause and thus requested you to quote the reference. Looks like you are more interested in one-upmanship rather.

regards,

push_hsmp
How is it a fact when you are basing it on it just sounding perfectly fine?

So you are not basing it on a fact at all.

I am basing it on previous posts from other \s on the forum so feel free to use the search function or go to the bia site.

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: Can dependent go before the main visa holder

Post by republique » Thu Jun 05, 2008 11:36 pm

push_hsmp wrote:Please help us in that case, by directing us to the relevant thread on this forum or the particular page on BIA website. I ried a lot but could not find anything which suggested otherwise.


regards,

push_hsmp
republique wrote:
push_hsmp wrote:
republique wrote: what are you basing your statement on?
mine was a genuine query. I have based my statement on the fact that it seems perfectly fine for a dependent to travel all alone/ before the main applicant etc. and I could not find anything to the contrary on the BIA website - i.e. I did not find any restrictive clause regarding the same.

When you categorically said that a dependent cant travel before the main applicant (I am assuming adequate arrangements for their arrangements and sustainance in UK have already been made and they can satisfy the immigration officer) I thought you must have found some restrictive clause and thus requested you to quote the reference. Looks like you are more interested in one-upmanship rather.

regards,

push_hsmp
How is it a fact when you are basing it on it just sounding perfectly fine?

So you are not basing it on a fact at all.

I am basing it on previous posts from other \s on the forum so feel free to use the search function or go to the bia site.
So you admit that you were just making it up?
Look I told you that I saw it, so I suggest you try to find it.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Can dependent go before the main visa holder

Post by push » Thu Jun 05, 2008 11:57 pm

republique wrote: I am basing it on previous posts from other \s on the forum so feel free to use the search function or go to the bia site.So you admit that you were just making it up?
Look I told you that I saw it, so I suggest you try to find it.
Dont draw any convenient conclusions. My statements were based on deduction rather than on any guess work. Looks like you do not understand reasoning. If you still do not follow this let me tell you what I have been trying to say all this while:

"I did not find anywhere on the BIA website that a HSMP dependent can not travel before the main applicant, therefore I deduced that he can do so".

On the contrary you made a sweeping comment that a HSMP dependent can not travel before the main applicant and on top of it, later claimed that you saw it in some post / BIA website. I therefore asked you to provide the details of the same.

It looks to me that you are rather interested in proving others wrong and not interested in helping out others. Please bear in mind that we all are faceless here and are here to provide help to each other by creating this collective knowledge base. So once again, in the interest of the person who has raised this issue I would humbly request you to provide a link which you claim to have seen.

Rise above petty stuff and adding to what HSMPuk70 uses as tagline - If you consider yourself as highly qualified think like one AND behave like one

regards,

push_hsmp
PS: I have been in UK for 2+ year. Working on HSMP VISA; but frequent this forum just to provide help to others and learn more from the cases presented and solutions suggested.

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Re: Can dependent go before the main visa holder

Post by republique » Fri Jun 06, 2008 12:04 am

push_hsmp wrote:
republique wrote: I am basing it on previous posts from other \s on the forum so feel free to use the search function or go to the bia site.So you admit that you were just making it up?
Look I told you that I saw it, so I suggest you try to find it.
Dont draw any convenient conclusions. My statements were based on deduction rather than on any guess work. Looks like you do not understand reasoning. If you still do not follow this let me tell you what I have been trying to say all this while:

"I did not find anywhere on the BIA website that a HSMP dependent can not travel before the main applicant, therefore I deduced that he can do so".

On the contrary you made a sweeping comment that a HSMP dependent can not travel before the main applicant and on top of it, later claimed that you saw it in some post / BIA website. I therefore asked you to provide the details of the same.

It looks to me that you are rather interested in proving others wrong and not interested in helping out others. Please bear in mind that we all are faceless here and are here to provide help to each other by creating this collective knowledge base. So once again, in the interest of the person who has raised this issue I would humbly request you to provide a link which you claim to have seen.

Rise above petty stuff and adding to what HSMPuk70 uses as tagline - If you consider yourself as highly qualified think like one AND behave like one

regards,

push_hsmp
PS: I have been in UK for 2+ year. Working on HSMP VISA; but frequent this forum just to provide help to others and learn more from the cases presented and solutions suggested.
again you are making up your stuff. So far I have made accurate statements and just because I don't feel like being your pansy and find the prior threads that you can find yourself, doesn't mean I dont want to helpIf you are so confident with your deduction then follow it and leave me alone instead of demanding that I find the information for you. Why dont you do the google search you just suggested someone else do in another post. As far as I am concerned it is common knowledge. Good Luck.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Jun 06, 2008 12:12 am

you will never get it because the urge to out do other is sostrong that you dont read the entire mail. I dont need it for myself. I am in UK on HSMP and happily working. It is for the benefit of the person who raised this query initially and for the benefit of larger group here that I was asking you to post the link (as I could not find it, despite trying)

The time you have spent in typing mails to prove me wrong could have well been utilised in helping others. Anyways, nice interacting with you. Good Luck (with whatever you intend to do).

kind regards,

push_hsmp

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Fri Jun 06, 2008 12:16 am

push_hsmp wrote:you will never get it because the urge to out do other is sostrong that you dont read the entire mail. I dont need it for myself. I am in UK on HSMP and happily working. It is for the benefit of the person who raised this query initially and for the benefit of larger group here that I was asking you to post the link (as I could not find it, despite trying)

The time you have spent in typing mails to prove me wrong could have well been utilised in helping others. Anyways, nice interacting with you. Good Luck (with whatever you intend to do).

kind regards,

push_hsmp
I think it is the other way around. I am not trying to prove you wrong. i gave the guy accurate info and you were too busy trying to be important that you told him made up information. So check yourself instead of judging others.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Jun 06, 2008 12:23 am

Case closed. You are 100% right I am wrong. I withdraw all what I said earlier. Please note that No further public exchange of messages will be entertained in this context now. Why clutter the board. Send me a personal ,message if you want to drive home the point and seal a more convincing win.

regards,

push_hsmp

junior
Junior Member
Posts: 82
Joined: Mon Jan 30, 2006 7:42 am

Post by junior » Fri Jun 06, 2008 9:59 am

Even I tried looking on BIA website, forum and also tried looking for this information on the internet...I couldn't find any information which proves the claims made by other members on this forum

....after a lot of deliberate and careful ground work, I can confirm that there is no bearing whatsoever of the dependant with the primary applicant...in context with the travel dates before or after the primary applicant...

As per the legal definition: A visa is an endorsement in a person's passport which is given to them abroad at a British diplomatic mission before they enter the United Kingdom. It gives them a right of entry into the United Kingdom for the purpose that the visa was issued and not for any screening in process....at the landing port the dependant will have no problems in gaining legal entry to the UK....subjected to the following facts:

1. All the passports are being carried by the individual. (Old and new)
2. Visa is valid at the time of gaining entry to the UK.

IO has not interest to know that as a dependant it's u or ur spouse who entered the UK first....like I said earlier it's just a legal document....not a personal profile provider.
Last edited by junior on Fri Jun 06, 2008 10:50 am, edited 1 time in total.

bsbs
Junior Member
Posts: 84
Joined: Thu Apr 24, 2008 5:15 pm

Post by bsbs » Fri Jun 06, 2008 10:15 am

sushdmehta wrote:Yes.

As long as the dependent has the necessary Entry Clearance and can convincingly answer questions (if any) by the Immigration officers at the landing airport.

regards
If depepndant is visiting UK for the first time and main applicant is not accompanying or main applicant is not in UK, depepndant can't visit UK with the dependant VISA. I know people who went back to India from the airport.

Hope that helps.

junior
Junior Member
Posts: 82
Joined: Mon Jan 30, 2006 7:42 am

Post by junior » Fri Jun 06, 2008 11:06 am

what if the dependant has a job offer/job interview???
bsbs wrote:
sushdmehta wrote:Yes.

As long as the dependent has the necessary Entry Clearance and can convincingly answer questions (if any) by the Immigration officers at the landing airport.

regards
If depepndant is visiting UK for the first time and main applicant is not accompanying or main applicant is not in UK, depepndant can't visit UK with the dependant VISA. I know people who went back to India from the airport.

Hope that helps.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Jun 06, 2008 9:32 pm

bsbs wrote: If depepndant is visiting UK for the first time and main applicant is not accompanying or main applicant is not in UK, depepndant can't visit UK with the dependant VISA. I know people who went back to India from the airport.

Hope that helps.
I really cant comment on the latter part of your statement but the one highlighted is definitely wrong. My own spouse came on her own and was not sent back by the IO and she was coming for the first time as dependent and was all by herself. I was not in
UK at that time.

In some cases even the main applicant can be sent back if he/she fails to satisfy the IO. I faced some problem when I visited UK for the first time on a student VISA - the problem was I erroneously provided an incorrect post code of the place I was supposed to be staying at. So its more about satisfying the IO. U

nfortunately, i can not still find anything on the publically available resources that the dependent can not enter UK before the main applicant. We would have been able to remove this confusion otherwise.

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Fri Jun 06, 2008 10:26 pm

push_hsmp wrote:
bsbs wrote: If depepndant is visiting UK for the first time and main applicant is not accompanying or main applicant is not in UK, depepndant can't visit UK with the dependant VISA. I know people who went back to India from the airport.

Hope that helps.
I really cant comment on the latter part of your statement but the one highlighted is definitely wrong. My own spouse came on her own and was not sent back by the IO and she was coming for the first time as dependent and was all by herself. I was not in
UK at that time.

In some cases even the main applicant be sent back if he/she fails to satisfy the IO. I faced some problem when I visited UK for the first time on a student VISA - the problem was I erroneously provided an incorrect post code of the place I was supposed to be staying at. So its more about satisfying the IO. U

nfortunately, i can not still find anything on the publically available resources that the dependent can not enter UK before the main applicant. We would have been able to remove this confusion otherwise.
For goodness sake, it is common sense. It is a dependent visa.
I find it strange that I can do a search on this website and find two threads discussing it but you couldn't find it after trying so hard
http://www.immigrationboards.com/viewto ... +applicant
http://www.immigrationboards.com/viewto ... +applicant

I don't believe your dependent came here before you because you would have said that in the first place so you are making up stories again. YOu know you do people a disservice when you misguide them and give them a false sense of security. I suggest you stop it.

IN any case, you guys want to take the chance that is your call but really but two and two together. It is a dependent visa, you are here because your dependent is here. If your dependent isn't here before you or with you when you enter, then why should the IO let you in.

They might be lenient sometimes but by definition of the visa, they really shouldn't let you in before the main applicant arrives. You want something from the BIA site, then try doing a better search than you did here.
But be prepared to not be able to find everything in writing by BIA because that is impossible which is why the IO has discretion. If he feels that the dependent entry before the main applicant goes against the spirit of the basis of the visa, he is certainly entitled to refuse the dependent entry.

So the question is Do you feel lucky? Not if the IO can show you where its written that he can refuse you entry.

By simple stating he could refuse the main applicant entry would indicate that he should de facto refuse the dependent entry as he can't judge if the main applicant would have been qualified to enter and thus let you enter because of him.

So do what you guys want, continue to debate it to the point that you convince yourself you can do what you want. The bottom line: Do you feel
lucky?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Jun 06, 2008 11:09 pm

I find it strange that I can do a search on this website and find two threads discussing it but you couldn't find it after trying so hard
http://www.immigrationboards.com/viewto ... +applicant
http://www.immigrationboards.com/viewto ... +applicant
did you even bother to read these posts? at best these posts are inconclusive and again almost 99% Reponses in these posts seem to suggest that the dependent can enter earlier than the main applicant
I don't believe your dependent came here before you because you would have said that in the first place so you are making up stories again. YOu know you do people a disservice when you misguide them and give them a false sense of security. I suggest you stop it.
Before blaming me of making stories (again?), read what i have said. I said that my dependent entered uk on her own, unaccompanied and when i was not in uk ( as in i was travelling on business trip. i had gained entry already). I wuld have quoted thsi example right in the beginning. so be polite when you say something, atleast when you have trouble understanding plain English.
IN any case, you guys want to take the chance that is your call but really but two and two together. It is a dependent visa, you are here because your dependent is here. If your dependent isn't here before you or with you when you enter, then why should the IO let you in.
I am already in uk and dont need to take any chances. Regarding your observation above, decide what you want to say – is it dependent or main applicant that you are talking about?

All I have been saying is, i could not find a conclusive answer to the the original query and infact have requested people to share their ideas/experience (and quote from relevant sources).

the least that you can do now is to show some humility and stop calling names and try to be constructive rather than being unnecessarily acrimonious. I fail to understand why you have objections to a healthy debate? If you are not interested in this topic, just ignore and dont read the thread?

hope that helps,

regards,

push_hsmp

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Fri Jun 06, 2008 11:25 pm

push_hsmp wrote:
I find it strange that I can do a search on this website and find two threads discussing it but you couldn't find it after trying so hard
http://www.immigrationboards.com/viewto ... +applicant
http://www.immigrationboards.com/viewto ... +applicant
did you even bother to read these posts? at best these posts are inconclusive and again almost 99% Reponses in these posts seem to suggest that the dependent can enter earlier than the main applicant
I don't believe your dependent came here before you because you would have said that in the first place so you are making up stories again. YOu know you do people a disservice when you misguide them and give them a false sense of security. I suggest you stop it.
Before blaming me of making stories (again?), read what i have said. I said that my dependent entered uk on her own, unaccompanied and when i was not in uk ( as in i was travelling on business trip. i had gained entry already). I wuld have quoted thsi example right in the beginning. so be polite when you say something, atleast when you have trouble understanding plain English.
IN any case, you guys want to take the chance that is your call but really but two and two together. It is a dependent visa, you are here because your dependent is here. If your dependent isn't here before you or with you when you enter, then why should the IO let you in.
I am already in uk and dont need to take any chances. Regarding your observation above, decide what you want to say – is it dependent or main applicant that you are talking about?

All I have been saying is, i could not find a conclusive answer to the the original query and infact have requested people to share their ideas/experience (and quote from relevant sources).

the least that you can do now is to show some humility and stop calling names and try to be constructive rather than being unnecessarily acrimonious. I fail to understand why you have objections to a healthy debate? If you are not interested in this topic, just ignore and dont read the thread?

hope that helps,

regards,

push_hsmp
Point 1: You claim you can not find any threads on the subject
I show you the threads and you seem to forget that you claimed you tried so hard.
Point 2: The moderator and guru both state in the threads that a dependent shouldn't come before the main applicant.
So keep twisting and turning and changing your story as to what you were saying because you keep coming back with better stories to support your theory that you can come without the main applicant and there will be no consequences.
Point 3: Someone just told you they known other dependents who were sent back without main applicant. so your response is to say your spouse came before you. So what does someone have to provide you to indicate that it isn't a good idea to come as a dependent without the main applicant?
Point 4: Again keep missing the point, don't be so literal, it doesn't have to apply to you specifically. We are very happy you are already in the uk, and that is why you can be so flagrant with telling others oh take a chance it doens't say you can't but that is the biggest false security you can give someone. Your insistence that it can be done, can seriously mess other people up and you should take that on board instead of trying to pretend I am not being constructive.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sat Jun 07, 2008 12:15 am

Point 1: You claim you can not find any threads on the subject
I show you the threads and you seem to forget that you claimed you tried so hard.
revisit what i have said - i tried hard to find the information but could not find anything to the contrary - hope you understand what this statement means !!

Point 2: The moderator and guru both state in the threads that a dependent shouldn't come before the main applicant. - oh really?? Quoting from one of the threads that you have cited - see what the moderator has to say:

"
Kayalami wrote:[I am not aware of the immigration rules explicitly stating that dependents should only enter the UK with or after the principal applicant. However the visa is granted on the basis that the relevant relationship subsists and will continue to do so throughout the visa validity - this is not possible if you are not together (long term of course rather than a couple of days) and the Home Office will eventually catch you out at say HSMP renewal. The Immigration Officer can also refuse the dependent entry on the same 'non subsistance' basis if upon questioning he/she deems that material facts were concealed. You will also find that most administrative functions e.g. applying for a National Insurance number, registering with a doctor etc where there is a 'dependent' statement in the visa will require the principal applicant to submit their details (passport) so you have to be in the UK in addition to proof of relationship.
"

So keep twisting and turning and changing your story as to what you were saying because you keep coming back with better stories to support your theory that you can come without the main applicant and there will be no consequences.
- then who is twisting things here?? And on top of it you have guts to call my statements as a story!!

Revisit my posts and in every single (barring the first one on this topic" I have maintained that there is no definitive answer available on this issue and have requested all to point to any credible resource that they might know of in this regard.

I have no intentions of misguiding others and thats why I usually keep quoting relevant portions from bia site etc. and ask others too to do it. I asked you also and that inflammed you so much that you stooped so low as to call me the one who is creating stories and what not.....

republique wrote:
push_hsmp wrote:
republique wrote:
What are you basing your statement on?
what are you basing your statement on?
Unfortunately for the reaons best known to you only, you have decided to use a very acrid language and have tried to drag the discussion to a personal level. Sorry, mister, I refuse to be dragged down by someone who has problems appreciating other's perspective and has a habit of personally attacking people on a public forum. This is going to be my last response to you. I have no inclination to get into a verbal wrangle in this regard any further please.

kind regards,

push_hsmp

republique
BANNED
Posts: 1342
Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Sat Jun 07, 2008 12:26 pm

push_hsmp wrote:
Point 1: You claim you can not find any threads on the subject
I show you the threads and you seem to forget that you claimed you tried so hard.
revisit what i have said - i tried hard to find the information but could not find anything to the contrary - hope you understand what this statement means !!

Point 2: The moderator and guru both state in the threads that a dependent shouldn't come before the main applicant. - oh really?? Quoting from one of the threads that you have cited - see what the moderator has to say:

"
Kayalami wrote:[I am not aware of the immigration rules explicitly stating that dependents should only enter the UK with or after the principal applicant. However the visa is granted on the basis that the relevant relationship subsists and will continue to do so throughout the visa validity - this is not possible if you are not together (long term of course rather than a couple of days) and the Home Office will eventually catch you out at say HSMP renewal. The Immigration Officer can also refuse the dependent entry on the same 'non subsistance' basis if upon questioning he/she deems that material facts were concealed. You will also find that most administrative functions e.g. applying for a National Insurance number, registering with a doctor etc where there is a 'dependent' statement in the visa will require the principal applicant to submit their details (passport) so you have to be in the UK in addition to proof of relationship.
"

So keep twisting and turning and changing your story as to what you were saying because you keep coming back with better stories to support your theory that you can come without the main applicant and there will be no consequences.
- then who is twisting things here?? And on top of it you have guts to call my statements as a story!!

Revisit my posts and in every single (barring the first one on this topic" I have maintained that there is no definitive answer available on this issue and have requested all to point to any credible resource that they might know of in this regard.

I have no intentions of misguiding others and thats why I usually keep quoting relevant portions from bia site etc. and ask others too to do it. I asked you also and that inflammed you so much that you stooped so low as to call me the one who is creating stories and what not.....

republique wrote:
push_hsmp wrote:
republique wrote:
What are you basing your statement on?
what are you basing your statement on?
Unfortunately for the reaons best known to you only, you have decided to use a very acrid language and have tried to drag the discussion to a personal level. Sorry, mister, I refuse to be dragged down by someone who has problems appreciating other's perspective and has a habit of personally attacking people on a public forum. This is going to be my last response to you. I have no inclination to get into a verbal wrangle in this regard any further please.

kind regards,

push_hsmp
When people disagree, it may seem they have used acrid language to you, especially when you keep moving around the main points. I suggest you get a thicker skin to deal with it. However, I think everyone can see you just ignore the points I have made where you have failed and then you go on a tangent with something else to divert attention to the main point I make on you. That point is that your attitude of saying it is no big deal for the dependent to arrive before the main applicant is doing others a disservice. Why you can't grasp that is beyond me? You wan't to keep downplaying and whittle down to a lesser stance so you don't appear wrong is so shameful that I am embarassed for you.

In the rules, for Tier 1 Dependents is the following
http://www.bia.homeoffice.gov.uk/policy ... les/part8/
" Family Members of Tier 1 (General) Migrants
Partners of Tier 1 (General) Migrants
319A. Purpose

This route is for the spouse, civil partner, unmarried or same-sex partner of a Tier 1 (General) Migrant (Partner of a Tier 1 (General) Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Tier 1 (General)Migrants; paragraph 277 of these Rules applies to civil partners of Tier 1 (General) Migrants; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Tier 1 (General) Migrants.
319B. Entry to the UK

All migrants arriving in the UK and wishing to enter as the Partner of a Tier 1 (General) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
319C. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain as the Partner of a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(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 Tier 1 (General) Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Tier 1 (General) Migrant."

Meaning that in order for the IO to determine if these things are in order and to permit the dependent entry into the UK, he would need to see the main applicant or the main applicant should have already been admitted to the UK.

Further Annex A - Immigration (EEA) Regulations 2006
"PART 4
REFUSAL OF ADMISSION AND REMOVAL ETC
Exclusion and removal from the United Kingdom
19.—(1) A person is not entitled to be admitted to the United Kingdom by virtue of regulation
(2) A person is not entitled to be admitted to the United Kingdom as the family member of an
EEA national under regulation 11(2) unless, at the time of his arrival—
(a) he is accompanying the EEA national or joining him in the United Kingdom; and
(b) the EEA national has a right to reside in the United Kingdom under these Regulations.""

Meaning a non EEA National who is seeking admittance based on his partnership just like a dependent visa, then he can be refused admission if he is not with his partner or his partner hasn't already been admitted.


So now I found the info that you couldn't find but I am sure you are going to say that it isn't strong enough for your taste and will encourage people to press their luck.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sat Jun 07, 2008 12:47 pm

I will completely disregard the personal comments made by you. But thanks so much for providing me the much needed ammunition:

To qualify for entry clearance or leave to remain as the Partner of a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
read carefully, these are guidelines for qualifying for Entry Clearance / leave to remain (as applicable) and NOT for physically entering the country (obviously not in case of LTR) i.e. getting past the IO !!

anyways:


Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
- ok no comments
(b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who:

(i) has valid leave to enter or remain as a Tier 1 (General) Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Tier 1 (General) Migrant."
(i) the dependent is a spouse of the main applicant who has valid leave to enter in the case we have been discussing - for your benefit, let me tell you that Leave to enter is the VISA not the actual entry into the country.


(ii) the dependent has been granted entry clearance at the same time as a tier 1 (General) Migrant - again this is true in the case being discussed!!

Meaning that in order for the IO to determine if these things are in order and to permit the dependent entry into the UK, he would need to see the main applicant or the main applicant should have already been admitted to the UK.
You are confusing between leave to enter/ EC with actually getting past the immigration gates in UK !!



Got it now?

regards,

push_hsmp

Locked