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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My wife has ILR in the UK and has applied for citizenship.

This answer was rated:

My wife has ILR in the UK and has applied for citizenship. She has been employed there for 6 years. She and I have been married for 4 1/2 years. I have lived in the UK as a spouse under 2 visas. One was as a dependent under her high skilled visa and the second was a resident which expired in August 2012 after 2 1/2 years.

I return to the USA every fall to tend to my mother (aged 91) for several months. We let my visa expire because I did not have all the required residency days for the prior period and I was returning to the USA through Christmas.

My question: I am now going to apply again. Which visa application should I use? Since I had a residency visa, should I use? I do not have a biometric card though I had fingerprints taken in Charlotte NC the first time. My wife and I have proven/cleared our marriage through the prior visas.

Thanks for your help.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, how long ago did the visa expire?

Customer:

27 August 2012. It had been issued under the Tier 1 scheme...dependent partner. Since then, my wife received her ILR in 12-2011 and has just applied for UK citizenship in the current month. The original visa I had was as dependent partner under her work visa (high skill) in July of 2008.

INC :

Hi, i assume that you have not completed the period of 5 years residence in the UK as a dependant?

Customer:

That is correct. My orignal visa was under the work permit dependent in 10 July 2008. The residence permit visa began 27 Aug 2009.

Customer:

I left to return to the USA the day before expiration...am not an 'overstayer'. I am currently back in North Carolina.

INC :

Hi, thanks for the confirmation. If this is the case, once your partner has obtained ILR, you will have to submit an application for a Spouse Visa using form VAF4A.

INC :

I hope this answers your question. If so, kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer:

The resident visa expired 27 August 2012.

Customer:

The resident visa expired 27 August 2012. (Rating...am I supposed to rate each exchange during the conversation process?)

INC and 2 other UK Immigration Law Specialists are ready to help you
Hi,

If your visa expired in August technically you would no longer have a dependant visa. Furthermore, from the information you have provided, it seems that you would not have met the residential qualifying period even if your visa was still valid.

As it stands, your Spouse has ILR and is a person present and settled in the UK. As her Spouse, you can join her in the UK by making an application for a Spouse Visa on Form VAF4A. You must also ensure that you meet the financial requirements. Further details can be found at the following link:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/

If your application is approved, you will be granted a 5 year Spouse Visa. At the end of the 5 years, you will become eligible to apply for Indefinite Leave to Remain, provided you meet the requirements of the Immigration Rules, in force, at that time. There has already been 9 changes to the rules this year alone!!

I hope this assists. If so, kindly rate the answer and provide feedback.

If you wish to discuss, please feel free to ask further questions.

Many thanks
Customer: replied 3 years ago.

I have already authorised the $49 and it has been paid. Thanks for the advisement on the spouse visa VAF4A.

Many thanks

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