ILR Dependents applying from India

Hi,

I am currently on Tier-1 General Visa and I am switching to ILR this January 2016.

My query is regarding my two dependents.
My wife is currently on Tier 1 General Partner Visa. She went to India for delivery and we had a son who is 6 months old.
I would like to apply visa for both from India. Do I need to make separate applications 'PBS dependent further leave to remain' for my wife and 'ILR dependent' for my son? (OR) ILR dependent for both?

I would like to make sure they both get VISA at same time and come to UK at same time so that they both can come to UK and collect BRP card within 30 days.

Any suggestions please?

Thanks in advance,
Raj.

When does your wife's leave expire?
Are you applying for SET(O) under Tier 1 (General)?

Hi Vinny,

My wife's VISA expires same as mine on 20th January 2016
Yes, I am applying under SET O Tier 1 general.
Thanks,
Raj.

Child may apply for PBS dependant entry clearance in line with mother's and return to the UK and extend their leave before expiry of mother's leave. This preserves your wife's qualifying period for SET(O).

Else, after you are granted ILR and after wife's leave expires, then both child and mother may apply for entry clearances as family members of a person who is settled in the UK. Their qualifying period for SET(M) would be reset.

Man Many thanks Vinny. Much appreciated.

This means I can apply as PBS dependent visa for both my wife and kid, though I am the main applicant on ILR, they both get PBS dependent partner visa?

What if I just extend only my wife visa and later apply as ILR dependent for my kid? Can I apply this way?

Thanks in advance,
Raj.

No. Extensions may only be made in the UK. As stated above, after you are granted ILR and wife's leave expires, both your wife and child cannot apply for entry clearances as PBS dependants.

Oh is it? At least can I apply extension only for my wife from India or she should come to UK before her VISA expires and extend here.

Thanks,
Raj.

vinny wrote:No. Extensions may only be made in the UK.

Simple English, isn't it?

Thanks Vinny.
One last question.
I am switching from Tier-1 general to ILR. I booked an premium service appointment for 29th of December. Can I show my salary payslips from Dec 2014 till Nov 2015. Does the recent payslip should be no longer than 28 days old?
Thanks,
Raj.

Hi,

I am on ILR (Issued this Jan 2016) and my wife is on PBS dependant leave to remain (she came to UK after July 2012 and she is not eligible for ILR/settlement and therefore she extended as PBS dependent).

My child is born in India and I had applied for 'Entry clearance as a child of settled person' but my application has refused for following reason:

Applicant should meet all the requirements of E-ECC.1.2 to 2.4 but you did not meet the requirement of E-ECC.1.6 because your mother does not hold leave to enter or remain as a partner issued under Appendix FM. Instead, your mother hold leave to remain as the spouse of a point based system migrant and the leave was issued under part 8 of immigration rules.
(https://www.gov.uk/guidance/immigration ... ly-members)

I have also considered whether you might qualify for settlement under paragraph 297 of the immigration rules but I have seen no evidence that you meet those requirements.
- Your mother is not settled in the UK. she only holds limited leave to remain as the dependant of a point based system migrant.
- I have seen no evidence that your father has had sole responsibility for your upbringing. The documents submitted with your application clearly evidence taht both of your parents have shared responsibility for your upbringing.
(I actually saved maintenance funds in joint account. Shouldn't I save in joint account?)
- In addition, I am not satifsfied that you have demonstrated any serious and compelling family or other exclusions. I am mindful that your mother is free to make an application for settlement.

What should I do in this case?

Can someone please advice.

Many thanks,
Raj.

Apply for a PBS Dependent visa in line with the mother's visa.

The 'sole responsibility' comment is a legal requirement (i.e. other parent is dead or you have sole custody etc) if the other parent is not applying for the same settlement visa. It has nothing to do with your maintenance in joint account.

Who advised you to apply for a child settlement visa? It was doomed to fail due to your wife being on a different visa.

The status of children born abroad is in-line with the less-privileged parent.

Hence, as CR001 advised, apply for a PBS Dependent visa in line with the mother's visa.

Many thanks Simon and CR001,

I firstly would like to apologies for posting same thread two times. I could not find the post submitted yesterday so posted again today. Thought of deleting the duplicate but sorry I am unable to delete.

I will sure apply for a PBS dependant visa this time.

When you say in line with mother visa, does this mean the main applicant is Mother or Me? I am not sure whether a dependant can apply for their dependants?

Also, can you please confirm if this is the correct application form?
https://www.gov.uk/government/publicati ... form-vaf10

What will be the fee and how many funds do I need to maintain?

Thanks,
Raj.

The childs visa will be issued with the same expiry date as the mothers visa (i.e. in line with)