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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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i have a question regarding my wives visa extension in UK My

Customer Question

i have a question regarding my wives visa extension in UK

My wife came to UK on Feb 1 2013 as a dependant of me who is onTier 1 (general).
I become eligible for ILR next month.

1) what is the application form that i will be filling for extending my Wife;s visa - is it extension of tier 1 general dependant or Spouse visa

2) is there any maintenance margin i need to show for her separately? is it 600£ or is it the 18600£ threshold? i earn above 45k so - i am under the impression based on my salary i should be meet her financial requirement as well

Please help us . it is a bit urgent
Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
Hi Thanks for your question. When does out wife's visa expire? is it in line with yours? She will not be eligible for ILR so she will need to apply for an extension using FLR ( M) . If you have no children then it is the £18.6k threshold and your income is more than sufficient.

Please let me know what else you need to know
Customer: replied 2 years ago.

Hi Cityguru


 


thanks for the reply which was really a relief.


 


yes she is in line my application date that i will be filling for ILR.


both our visa's expire on Feb 1st.


 


so submission of my payslips and bank statements are enough? or do i need to show anything more for both of us in terms of meeting the financial requirement.


 


confusion came to me because one of my friend who is same situation of mine is filling for his ILR and his wives visa extension in the coming week and the lawyers of his company gave him the following details for his wives application which i don't agree is correct as she is no longer Tier 1 year dependant applicant


 





The following documents are required in support of your wife's application:

Certified translations must be provided for all documents that are not in English.



  • Completed PBS Tier 1 Dependant application form (attached) - please leave blank any sections you are unsure of and ensure that your wife signs the form;

  • Two passport sized photographs (photograph guidance attached);

  • Original, current passports for both you and your wife;

  • Original biometric residence permits for both you and your wife;

  • Original marriage certificate; and

  • Original bank statements for the past 90 days, as evidence that your wife meets the maintenance requirement





 


 


 

Expert:  cityguru replied 2 years ago.
Why do you think it is not correct. Until LR is granted then your wife or your friends wife is here as the dependent of someone with limited leave to remain. I agree that once your leave has been granted the circumstances change but at the time of the application they will not have done. If she hard some as your dependent initially then you could include her in your ILR application but not otherwise.
Customer: replied 2 years ago.

i am getting confused here.


 


my wife will be applying for extending her visa which is currently Tier 1 general dependant.. i am on tier 1 general - both our visa's expire on the same date and i am filling for my ILR eligibility and she needs to extend her stay in UK as she is not eligible for ILR at this point. She came to UK as my dependant this year.


 


At the time of application - i agree that she is still a dependant of a person limited to stay in UK - so should the application not be to extend her Tier 1 dependant visa - which means that i will have to show balance for 3 months which is close to 600£ as suggested by my friends lawyer? or do i go with form FLR (M) which means my overall salary cap satisfies the criteria.


 


Currently i have booked appointment for same day service of extending both our visas.


do you think it is ideal to get my ILR done a day prior as i have a same day appointment booked and next week apply for my wife's visa?


 


please advise


 


 


 


 


 


 

Expert:  cityguru replied 2 years ago.
Yes it is confusing and it may be that I misunderstood where you were confused. My initial answer was before I understood you were applying at the same time. If you file for your wife at the same time as you apply for ILR but before it is granted when she is not eligible for ILR then I think you are applying for an extension under the PB system. This is what the solicitors also advise dan I think hey ar correct. If you get ILR then it is different and she applies for extension on FLR (M) .

If you have to apply under PB then you need £600 as evidence.

If you apply by personal appointment for you and it is granted then yes you can then apply in FLR after, In fact they may accept both application at the same time if you are attending because I the grant yours they can grant hers. I would ask .
Expert:  Howard replied 2 years ago.

That is wrong - she cannot apply for a Spouse visa as her previous stay was as a PBS Dependant - she must extend as a PBS Dependant.

 

http://bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

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