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Actuall we are talking only about our future plans, I am still in Italy doing my PhD and my fiyancèe is in UK , we aere planning to marry this summer in Albania, but in UK if everything is ok I would move after one year.
And we haven't lived together except my short visits in UK and hers here in Italy.
I suppose you haven't completely understood my questions, regarding the settlement visa as a spouse, according to the new changes after 8 july 2012 you shoud see better in the section " Can you apply?" , the following ling states (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/) :
This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.
You cannot apply in a partner category if you:
Instead, you must apply as a dependant under the relevant category of points-based system.
furthermore, our problems are not that she doesn't earn taht much to fulfill the conditions but because by applying as a dependant under the relevant category of points-based system I would have the restriction that I cannot work as a doctor in training. (more info: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/pbsdependantspolicy1.pdf)
Thus my question is how can I turn over this, and be able to work as a doctor in training in UK.
So you mean that in the homeoffice official website should be a mistake, but why then implement the same mistake in the guide under the category of PBS (Dependant) Policy guidance http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/pbsdependantspolicy1.pdf:
(page 5 of the guide):
2.You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
- the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain;
Anyway, leaving the british immigration rules appart, if my fiancèe decides to come work and live with me together here in Italy next year, (once she gets the British citizenship) does it matter if we are already before the time she gets here in Italy or we must neccessarily marry here in Italy in order to be able to apply for a EEA family permit (which I guess has no restriction for doctors in training)?
Thank you very much for your service, I read once more and I could interpret what they have written like the statement of previous Tier 1... holder it refers to the person that is applying (so to me) not to my fiyancèe (who is settled in UK)
--the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain;(meaning my fiyancèe would have previously held a tier 1..)
all this would be interpreted differently if one comma would be present:
--the spouse or partner of a person with indefinite leave to remain or British Citizenship, who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; (meaning I would have previously held a tier 1..)
anyway in neither ways it appears clear to me.
My last question and I will rate you immediatily after:
if I apply as you adviced, as the spouse of a settled person in UK, will my visa have any restrictions for work as a doctor in training and for how long will it be granted?
Thank you for your help.
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