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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
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.

Resolved Question:

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.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  INC replied 2 years ago.

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, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Expert:  INC replied 2 years ago.
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Customer: replied 2 years ago.

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

Expert:  INC replied 2 years ago.
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