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HSMP holder wants to invite husband.Please advise.

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

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jul14o
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Joined: Wed Nov 12, 2008 8:36 pm
Location: London

HSMP holder wants to invite husband.Please advise.

Post by jul14o » Mon Dec 15, 2008 2:45 pm

After racking my head with all sorts of questions and senarios decided to consult the board who really helped me out when I applied (successfully) for my HSMP.
Quick case summary: I am doctor on the HSMP, with my current visa due for renewal in March(I will have to switch to Tier 1 for another 3 years prior to being able to apply for ILTR).
I am getting married abroad in January. My initial plan was to wait until I got an extension to my Tier 1, and then apply for spousal visa afterwards. The only thing is we really dont want to be apart for 3 months(or longer), pending decision. Particularly being newlyweds. :(
We have discussed the option of him coming on a visiting visa, until March, then going back and re-applying for a spousal visa.
There are unfortunately a few issues:
He is a Nigerian Citizen. Is currently a student(yes, hardly a bank account) and has already once been refused a student visa to the UK 3 years ago.
I am in a position to support us financially during that period, and he will not be working. Also own my own house.
Any advise and tips much appreciated.

sakura
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Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: HSMP holder wants to invite husband.Please advise.

Post by sakura » Mon Dec 15, 2008 2:59 pm

jul14o wrote:After racking my head with all sorts of questions and senarios decided to consult the board who really helped me out when I applied (successfully) for my HSMP.
Quick case summary: I am doctor on the HSMP, with my current visa due for renewal in March(I will have to switch to Tier 1 for another 3 years prior to being able to apply for ILTR).
I am getting married abroad in January. My initial plan was to wait until I got an extension to my Tier 1, and then apply for spousal visa afterwards. The only thing is we really dont want to be apart for 3 months(or longer), pending decision. Particularly being newlyweds. :(
We have discussed the option of him coming on a visiting visa, until March, then going back and re-applying for a spousal visa.
There are unfortunately a few issues:
He is a Nigerian Citizen. Is currently a student(yes, hardly a bank account) and has already once been refused a student visa to the UK 3 years ago.
I am in a position to support us financially during that period, and he will not be working. Also own my own house.
Any advise and tips much appreciated.
You should think very carefully about applying for visitor's visas if you are going to apply for a dependent's visa shortly afterwards. You risk being refused for the visa (esp. since he has already been refused a visa to the UK) and then risk making any future applications much harder.

However, I cannot suggest that you don't make an application, but you should weigh the pros and cons of applying for a short stay visa and then almost immediately for a long-stay/dependent's visa.

Your finances/record is good but they might not believe he will return if he cannot himself prove his returnability.

jul14o
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Posts: 14
Joined: Wed Nov 12, 2008 8:36 pm
Location: London

Post by jul14o » Mon Dec 15, 2008 4:16 pm

I thought that might be the case. Really disapointed, but looks like we will have to deal with the distance, and wait. Thanks for the advise though

jul14o
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Joined: Wed Nov 12, 2008 8:36 pm
Location: London

Post by jul14o » Mon Dec 15, 2008 4:35 pm

Just another quick question. Weather to apply as joint(him being my dependant) when applying for extension under Tier 1. Or send my application first and then apply for his if I am successful? I tried to find information on the homeoffice website, but unfortunately just as confused.
Many Thanks

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Casa
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United Kingdom

Post by Casa » Mon Dec 15, 2008 4:40 pm

Before we go any further...are you both over 21?

jul14o
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Posts: 14
Joined: Wed Nov 12, 2008 8:36 pm
Location: London

Post by jul14o » Mon Dec 15, 2008 4:42 pm

Yes, we're both 32.

sakura
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Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon Dec 15, 2008 6:42 pm

jul14o wrote:Just another quick question. Weather to apply as joint(him being my dependant) when applying for extension under Tier 1. Or send my application first and then apply for his if I am successful? I tried to find information on the homeoffice website, but unfortunately just as confused.
Many Thanks
As this is related to Tier 1, and I don't really know much about it, maybe someone else can offer advise. Or you can try posting on the Tier 1 forum (although wait first to see if anyone replies here).

But I think the issue would be - where is he when he applies? If he is applying from Nigeria then it's probably likely that he would have to wait until after you obtain an extension, no? Because you are doing an in-country extension and he is making a first (out-of-country) application as a dependant?

But, again, I do not know the ins and outs of the Tier 1, so I'm more thinking out aloud...

PaperPusher
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Location: London

Post by PaperPusher » Mon Dec 15, 2008 8:25 pm

Weather to apply as joint(him being my dependant) when applying for extension under Tier 1
You cannot do that unless he is in the UK, if he is in the UK on a visitor's visa he will not be able to switch to being your dependant as far as I am aware. It may take him as long to get a visitor's visa as does to get a dependant's visa. If he gets it before you get your extension, he can only get it until your current leave runs out.

The few months you may have to wait will fly by, honest!

Good luck!

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