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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Thomas With my rescent enquiry about my daughters citizenship

Resolved Question:

Hi Thomas
With my rescent enquiry about my daughter's citizenship you have answered my question that's fine my next question is
My wife is India ever since she gave birth to my daughter in August 2010,she had obtained indifinate stay in 2008 with my self .
Now very recently I have applied for entry clearence visa by the application VAF4B which is for the people who over stayed more than 2yrs out side uk
But the result is refusal and they stamped in her Indian passport the date and the ref number apart form that they did not any thing only date/ref. Number.

My question is , can I apply for dependant visa now or is there any time period to maintain after her rejection of rescent application VAF4B
They stated that because she stayed about 3.5yrs in India and stayed only 4yrs in uk they are not happy to issue entry clearence visa for her.
So what shall I do for applying visa for her,sir.
Reg ,
Ravi
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Ravi,

I see. Your wife has applied for a "returning residents" visa and been rejected because she has spent more than two years outside the UK since she received ILR. If you have not been given appeal rights then she must apply for a spouse visa.

Because you are now UK citizen, she can no longer apply for a dependent's visa because you do not have a visa which she can be a dependent of because you are a UK citizen. Therefore, she must apply for a spouse visa.

The government page on spouse visas is here:-
https://www.gov.uk/remain-in-uk-family/eligibility


The financial requirements are contained here:-
https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions

Basically it means that if you have savings of less than £16, 500.00 then you must have an annual salary of £18, 600.00 to be eligible to apply. If you have savings of over £16, 000.00 then your salary can be a bit less.

The fact that she has been rejected for a returning residents visa does not affect her ability to apply for a spouse visa. She can apply as soon as she likes, but she should make them aware in the application that she did apply for a returning residents visa.

Kind regards


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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