PBS dependent to ILR dependent from outside UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: sushdmehta, John, ChetanOjha, batleykhan, push, JAJ, Casa, archigabe, vinny, Obie, EUsmileWEallsmile, ca.funke, Amber, Administrator, sbrennan

PBS dependent to ILR dependent from outside UK

Postby maddyinlon » Mon Aug 05, 2013 2:40 pm

Hello there,

I find this forum is very useful. My wife's visa situation is bit different and so here I'm.
    My wife came to UK on July 2011 on Tier 1(general) dependent.
    Blessed with baby here in UK in September 2012
    Both my wife and baby went to India in December 2012 and still in India
    I'm applying for ILR end of this month at PEO
    I'm planning to apply ILR dependent for my wife from India and ILR for baby from India

My question is - does my wife need to wait until another 5 years to apply for ILR as per new rules ?
or can she apply for ILR next year from UK (two years of qualifying period) as she applied for visa and came to UK before 9th July 2012 ?

Appreciate your help on this. Thank you.
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby Amber » Mon Aug 05, 2013 4:37 pm

Is your wife's PBS dep visa still valid? Your child will be entitled to register as British when you're granted ILR.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.
Amber
Moderator
 
Posts: 15984
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK

Postby maddyinlon » Mon Aug 05, 2013 4:51 pm

D4109125 wrote:Is your wife's PBS dep visa still valid? Your child will be entitled to register as British when you're granted ILR.


Thank you for reply.

Yes it is still valid (until end of Sept). But I will apply ILR for baby (my baby got Indian passpot now ) as it is more easy. It is too complicated to apply British passport and get exit visa from India.

But my original question is about my wife's eligibility to ILR ? How long she need to wait to apply for ILR ?
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby Amber » Mon Aug 05, 2013 5:25 pm

Your wife will be under the old rules and should extend the PBS dep visa I assume you are applying for ilr as a PBS applicant.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.
Amber
Moderator
 
Posts: 15984
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK

Postby vinny » Tue Aug 06, 2013 12:06 am

Wife and child should return to UK prior to wife's PBS dependant visa expiring.
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16401
Joined: Tue Sep 25, 2007 7:58 pm

Postby maddyinlon » Tue Aug 06, 2013 12:20 pm

D4109125 wrote:Your wife will be under the old rules and should extend the PBS dep visa I assume you are applying for ilr as a PBS applicant.


Yes, I'm applying for ILR as PBS (Tier 1 general) applicant.

My wife's case is confusing as she is in India at the moment. How can she apply as PBS dependent from India ? Is it same form (VAF4A) for PBS dependent ? I thought since I will be ILR, my wife should apply as ILR dependent (Partner of a British citizen or settled person) ??
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby Amber » Tue Aug 06, 2013 12:31 pm

Can she not get back and extend her PBS dep visa when you apply for Ilr?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.
Amber
Moderator
 
Posts: 15984
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK

Postby maddyinlon » Tue Aug 06, 2013 12:58 pm

vinny wrote:Wife and child should return to UK prior to wife's PBS dependant visa expiring.


Hi Vinny,

Thanks for your reply. I thought about this option too, but it is not possible. My baby was born here and do not have any UK visa and travelled India on Indian passport. My wife's visa (PBS dependent) is still valid (until end of September) though, but it is bit dificult to leave the baby in India and travel to UK for visa.

Hence, they both will apply from India once I get my ILR.

Assuming, my wife can apply under category of - Partner of a British citizen or settled person.

My question is - once she comes to UK (assuming her visa will be successful from India), can she apply for settlement after one year ? as she complets 2 years of qualifying period? (As she already spent in UK for 14 months before she travelled to India)
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby maddyinlon » Tue Aug 06, 2013 1:05 pm

D4109125 wrote:Can she not get back and extend her PBS dep visa when you apply for Ilr?


If she can come back here before her visa expires, she can actually apply for ILR along with me.. :) But it is too complicated as she may not qualify her 2 year qualifying period (even though there are some successful cases) and a bit difficult to leave the baby (as baby do not have UK visa) back home. (need to mention flight fares too :wink: )
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby vinny » Tue Aug 06, 2013 1:12 pm

Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16401
Joined: Tue Sep 25, 2007 7:58 pm

Postby maddyinlon » Tue Aug 06, 2013 1:28 pm

vinny wrote:Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?

That's good point Vinny, I have considered this too. But I thought it is better to apply settlement visa for baby for the same fee :)
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby vinny » Tue Aug 06, 2013 1:43 pm

The visa fee is per applicant, so that's twice the fees.

Moreover, if wife applies for a Partner of a British citizen or settled person entry clearance, then the transitional provisions may not be applicable. The entry clearance application is not made in the UK, as required by A280( c )(ii). She may be subject to the current rules. Her qualifying period for ILR may be reset (E-ILRP.1.3).

What do you think, Amber?
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16401
Joined: Tue Sep 25, 2007 7:58 pm

Postby maddyinlon » Tue Aug 06, 2013 1:59 pm

vinny wrote:The visa fee is per applicant, so that's twice the fees.

Moreover, if wife applies for a Partner of a British citizen or settled person entry clearance, then the transitional provisions may not be applicable. The entry clearance application is not made in the UK, as required by A280( c )(ii). She may be subject to the current rules. Her qualifying period for ILR may be reset (E-ILRP.1.3).


Vinny, It looks like i'm in bigger problem now. All these days, I was stupendously thought I can apply for settlement for my baby from India.

If I need to apply PBS dependent for baby, how much is the maintance funds I need to show ? sorry for very naive qustion. I'm in more confused state now :!:
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby Amber » Tue Aug 06, 2013 2:48 pm

Can the child apply for settlement? Do both parents not need to have settled or have been given permission to settle?

I think you take a serious risk if switching your spouse's outside the UK. As Vinny pointed out, the transitional provisions may not be applicable. Moreover, it's unlikely that your wife would satisfy the qualifying period to settle with you when you apply, you would likely need to extend. Once you're granted ILR the child will be entitled to register as British which can be done in the UK at a NCS office even when the child is abroad.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.
Amber
Moderator
 
Posts: 15984
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK

Postby maddyinlon » Tue Aug 06, 2013 5:33 pm

D4109125 wrote:Can the child apply for settlement? Do both parents not need to have settled or have been given permission to settle?

I think you take a serious risk if switching your spouse's outside the UK. As Vinny pointed out, the transitional provisions may not be applicable. Moreover, it's unlikely that your wife would satisfy the qualifying period to settle with you when you apply, you would likely need to extend. Once you're granted ILR the child will be entitled to register as British which can be done in the UK at a NCS office even when the child is abroad.


Hi Amber,

My understanding from this linkas stated below

    You cannot apply in the child category if you are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system and:

    --your other parent does not yet qualify for settlement; and
    --your most recent permission to stay as a dependant under the points-based system (known as a PBS dependant) was granted on or after 9 July 2012.


is that child can't apply for settlement only if he meet all the above three requirements.
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby maddyinlon » Tue Aug 06, 2013 10:11 pm

vinny wrote:Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?


Hi Vinny, If I consider applying PBS dependent visa for baby - I can only apply around August 25. Do you think application will be successful ? considering I have only visa valid until Sep 20.
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby vinny » Wed Aug 07, 2013 12:33 am

Ask the High commission about the timings for PBS dependant visas and also ask about this category.
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16401
Joined: Tue Sep 25, 2007 7:58 pm

Postby maddyinlon » Thu Aug 08, 2013 8:59 am

vinny wrote:Ask the High commission about the timings for PBS dependant visas and also ask about this category.


Thanks Vinny for all links. It will be too tight to apply as I have to wait until August 10th to get bank statements. So, we have decided to apply from India for both my wife and baby as dependednts of settled person. I know my wife may come under new rules and need to wait 5 years for my wife's ILR. But I seem to have no other option :?
maddyinlon
Junior Member
 
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Postby vinny » Thu Aug 08, 2013 9:11 am

Try bringing back your UK-born child as a visitor before your wife's leave expires.
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
vinny
Moderator
 
Posts: 16401
Joined: Tue Sep 25, 2007 7:58 pm

Postby emuser » Thu Aug 08, 2013 10:40 am

Hi All,

Thanks Moderators for the great job you people are doing.

My case is more or less similar to maddyinlon's case.

My Details

First Entry to UK - HSMP - June 2008
Visa Renewal - Tier 1 General - June 2010
ILR (using PBS) - June 2013

My Wife's Details
First Entry to UK - Tier 1 Dependent - Aug 2011
Left UK - Apr 2012 (for child's delivery in india)
Blessed with Baby born in India
Both my wife & baby still in India.
Wife's Tier 1 Dependent Visa expired - June 2013.
Wife not a degree holder.

My question is, in which category I should apply visa for my wife and child.
Partner of a British citizen or settled person ? or PBS Dependent as she entered UK before?
emuser
Newbie
 
Posts: 24
Joined: Sat Jun 12, 2010 11:25 pm

Next

Return to Immigration for family members

 


  • Related topics
    Views
    Replies
    Last post

Who is online

Users browsing this forum: Google [Bot] and 25 guests