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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, My wife, an Indian national, currently has a valid UK

Customer Question

Hi,
My wife, an Indian national, currently has a valid UK visitor visa (she is in the US) which is set to expire on the 26th of June 2015. We obtained this visa in Dec 2014 shortly before our marriage. Now, we are planning on applying for a dependent visa so that she can travel between US and UK. I have three questions.
1) Can we apply for a dependent visa while the visitor visa is still valid ?
2) Can she travel to the UK on that visitor visa ? Given that we obtained it prior to our marriage. We mentioned in the visitor visa application that we are about to get married
3) There is a question in the dependent visa application. Have you made an application to the Home Office to remain in the UK in the last 10 years?. Should we answer "No" given that the only time my wife applied for a visa was for the visitor visa ?
Regards,
Prasad
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Prasad,
Thanks for your question.
What is your immigration status in the UK please?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom,

I am on a tier 2 (general) visa valid till October 2017.

Regards,

Prasad

Expert:  Thomas replied 2 years ago.
HI Prasad
Has your wife actually already travelled to the UK on her current visit visa?
Tom
Customer: replied 2 years ago.

Hi Tom,

Yes. She was here for about 10 days prior to our wedding and for about 7 days post our wedding. Our wedding took place in India. So we travelled to India on the 20th of January 2015. We came back to the UK on the 2nd of Feb 2015 and my wife left for the US on the 7th of Feb 2015.

Regards,

Prasad

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unless you applied for her visit visa on a multi-entry basis the your wife cannot travel to the UK again on her current visit visa. Only multi-entry visit visas permit this and you would know if you had a applied for a multi entry visit visa.
Even if you did have a multi entry visit visa then your wife could still not apply for her dependent visa from within the UK because all visit visas are subject to the condition that she must leave before the expiry of her visas and this is taken to mean that she cannot apply to switch to another visa whilst he is in the UK on her visit visa.
An application for “Leave to remain” essentially asks whether you have applied from with in the UK for a visa. It is different for “entry clearance” which is what you apply for when you apply from outside the UK for a visit visa. Therefore, you can answer “no” to this question. However, I would also state in your covering letter or additional information section that she had applied for a visit visas which she obtained but that he plans have since change and that she now wishes to apply for a dependent visa.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom. So just so that I am clear.

1) My wife (currently in the US) can apply for a dependent visa as long as she doesn't do so within the UK even if the visitor visa is still valid.

2) I think the visit visa she has is multiple entry but I will check with her once. If it is multiple entry, I assume she can travel to the UK before it's expiry.

We will mention the previous visit visa in the covering letter.

Regards,

Prasad

Expert:  Thomas replied 2 years ago.
Hi,
What visas does she have in the US please? Is it a long term visa or just a visit visa?
If the visas is multi entry then she can travel to the UK whilst it is valid but cannot apply for her dependent visa from within the UK.
Tom
Customer: replied 2 years ago.

Tom,

She has a F-1 student visa in the US as she is pursuing her PhD which is a long term visa.

We will not apply for the dependent visa from within the UK.

I just want to know if we can apply for dependent from outside the UK while the visitor visa is valid.

Or

Should we let the visitor visa expire first before we apply for the dependent visa (from outside the UK) ?

Regards,

Prasad

Expert:  Thomas replied 2 years ago.
Hi,
If she has a long term visa in that he is resident in the US at the moment then she can apply for a dependent visa from there.
You do not have to let the visit visa expire before you apply for the dependent visa.
Please note that a dependent visa of a tier 2 visa is intended for her to come and reside here permanently with you. So, if she gets it then it may be that her US visa is impacted (ie. potentially curtailed) if she comes and resides her permanently..
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks a lot Tom. Just one final question.

Assuming my wife gets a dependent visa, can she travel often between the US and UK ? or she needs to reside with me for a long period ?

Would you recommend applying for a long term visitor visa instead of a dependent visa?

Regards,
Prasad

Expert:  Thomas replied 2 years ago.
Hi,
She would be fine to travel periodically to the US once she was on her dependent visa.
However, living more or less permanently in the UK and travelling back only periodically to the US may affect the validity of her US visa. I cannot say for sure because I am a UK solicitor and not a US attorney.
If she is going to continue studying in the US and having her visa to do this is a priority then it would be more sensible to apply for a multi entry visa over 2 or 5 years so that she can visit as often as she likes to the UK provided that she does not spend more than 6 months in any 12 month period in the UK,
Tom
Customer: replied 2 years ago.

Thanks Tom. Really appreciate your help !!

Regards,

Prasad

Expert:  Thomas replied 2 years ago.
You're welcome, Prasad.
Good luck.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 2 years ago.

Tom,

Thanks for your message. Can you please share your thoughts on the following paragraph that I am putting in my cover letter ?

XXXX and I met in May 2013 in Austin, TX, USA. After dating each other for approx. 18 months, we got married in a traditional Hindu ceremony on the 29/1/2015 in Visakhapatnam, India. The wedding was graced by our parents and relatives. We registered our marriage on 30/1/2015 in my home town Visakhapatnam, India.

XXXX spent sometime in the UK prior to our wedding (9th January 2015 – 20th January 2015) and post our wedding (February 2nd 2015 – February 7th 2015) as well. During this period, she was on a visitor visa and stayed with me at the above mentioned address. As part of our honeymoon, we spent a few days in Edinburgh, Scotland. XXXX went back to the US on the 7th of February 2015 to continue her studies. Now, we would like to spend time together in the UK during her summer vacation. During her studies in the US, XXXX would often visit me in the UK and hence we would like to apply for a dependent visa.


Regards,

Prasad

Expert:  Thomas replied 2 years ago.
I will be able to answer at 9 a.m
Expert:  Thomas replied 2 years ago.
Hi,
Yes, I would expect that is okay.
Please rate my answer once you are finished.
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks a lot Tom !!

Expert:  Thomas replied 2 years ago.
You're welcome
Tom