58 replies to this topic

[saj614]

Victoria, on 09 August 2012 - 10:00 AM, said:

The dependent cannot enter the UK as the dependent of a tier 1 visa holder if the person on whom she is dependent on is the holder of ILR.  Her visa is not valid.  She will almost certainly be refused entry.  I think I already said this!

"Visa is not valid" :- so how come a dependent is allowed to have the ILR with invalid visa if he/she remains in the country? i think you are referring to the old rules whereby you need to switch. Also, " She will almost certainly be refused entry". not very certain there ?

[srafiq29]

saj614, on 09 August 2012 - 11:15 AM, said:

Victoria, on 09 August 2012 - 10:00 AM, said:

The dependent cannot enter the UK as the dependent of a tier 1 visa holder if the person on whom she is dependent on is the holder of ILR.  Her visa is not valid.  She will almost certainly be refused entry.  I think I already said this!

"Visa is not valid" :- so how come a dependent is allowed to have the ILR with invalid visa if he/she remains in the country? i think you are referring to the old rules whereby you need to switch. Also, " She will almost certainly be refused entry". not very certain there ?

You should believe if two of the best consultants suggest. Otherwise you can try but that might be very expensive experience.

[Victoria]

'Almost certainly' as she clearly should be, but sometimes Immigration Officers make mistakes and let people in when they should not.

Why bother asking if you are just going to be rude when you get an answer?

[SkillClear]

I think that might be the last advice he gets.

[saj614]

Victoria, on 09 August 2012 - 11:34 AM, said:

'Almost certainly' as she clearly should be, but sometimes Immigration Officers make mistakes and let people in when they should not.

Why bother asking if you are just going to be rude when you get an answer?

Ok i get it, basically it is not written in stone anywhere that you wouldnt be allowed to re-enter. As visa is clearly not invalid (acc to new rules) otherwise you wouldnt get a ILR while remaining on dependent visa and not needing to switch. However on the basis of your knowledge and experiance in the field you are suggesting a dependent shouldnt be allowed which makes sense. I wish UKBA could be a bit more clearer on this!
Thanks!

[Victoria]

That is absolutely NOT what I am saying.  I am saying that the visa is no longer valid FOR ENTRY CLEARANCE, even if it is technically valid for ILR now.  I am saying that it *is* written in stone that the applicant SHOULD NOT be allowed into the UK but sometimes Immigration Officers allow entry IN ERROR.

[indira123]

Victoria, on 09 August 2012 - 02:22 PM, said:

That is absolutely NOT what I am saying.  I am saying that the visa is no longer valid FOR ENTRY CLEARANCE, even if it is technically valid for ILR now.  I am saying that it *is* written in stone that the applicant SHOULD NOT be allowed into the UK but sometimes Immigration Officers allow entry IN ERROR.

I have benefited so many times from Victorias post. She is NOT allowed to give a wrong answer as she is OISC immigration adviser. She is special one in this forum. The last post is what I wanted to know for last few days.
Many thanks

[Victoria]

Even I make mistakes sometimes, but in this I am right.

[Summet]

Hi GOL,

I am applying for ILR with my wife and son as dependant same time.

Please help me on below queries:

1) Do I need to use separate  SET(O) form for each of us.  That is one SET(O) form for me, one form for my wife and one form  for my son.

2)  My wife was out of UK for 17 month out of 5 years. But she is continuously staying with me for last 2.6  years. Will there be any problem for her in getting ILR  as i am applying same time.

Thanks for your help in advance.
Summet.