Indefinite leave to Enter or Dependent Visa for Wife & kid

[faislondon]

Dear All,

I am planning to bring my wife and new born kid (Born on 10 Feb 2014) to UK. I am bit confused with the kind of visa I need to apply for them. I am on ILR since 16 March 2013. My family never came to UK. However I applied for my wifes visitor visa back in Jan 2013 twice & got rejected since that time my Tier 1 visa was about to expire in 4 months time & Home Office was concerned about my immigration status.

My wife has already passed KET english test last year in May 2013. I understand since my daughter is born in abroad I cannot register her as BC. I was wondering if I need to apply for ILE visa for them to enter UK or Spouse visa for my wife and dependent visa for daughter?.

I have two jobs. In my first job my annual salary is £19000 & in my second job it is £6800. I have been living at my current address for last 7 years.

I would really appreciate if GURUS can help me & advise me the right path.

Happy New Year in advance

Thank You

[Obie]

You may be able to qualify under appendix FM to sponsor them for leave to enter. She will have to renew once and will qualify for ILR after a period of 60 months. The same will apply to your child.

[faislondon]

Dear Obie,

Thank you for the prompt reply.. I am not very clear what visa they need to apply for? Considering my circumstances?

[faislondon]

I guess appendix FM applies to the partner who's sponsor got the ILR visa on long residence basis & not the point based system. I was on HSMP & got Tier 1 then received ILR after comleting 5 years. So I guess my family is not applicable for this visa? Gurus please correct me if I am wrong.

Gurus please help

Thank you

[Obie]

I guess appendix FM applies to the partner who's sponsor got the ILR visa on long residence basis & not the point based system. I was on HSMP & got Tier 1 then received ILR after comleting 5 years. So I guess my family is not applicable for this visa? Gurus please correct me if I am wrong.

Gurus please help

Thank you

Unfortunately that is not the law. Your understanding of the law is misconceived.

You are best advised to acquaint yourself with the law so as to prevent future refusal and unnecessary waste of money.

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

However in the circumstances of your case, it makes little sense apply under 319C as you meet the financial requirement.

The fees for applying for extension under PBS is significantly more expensive than under appendix FM.

[faislondon]

Hi,

Many thanks. I have read the rules on the link. I think this applies for spouse married for last 4 years. We have been married for 2 years & in may next year we will complete 3 years.

[Obie]

I think your understanding of the legal provision is very limited.

Your wife will not be able to acquire ILE and neither will your child.

Both of them will need to reside in the UK for 5 years, before they will be able to acquire this, bearing in mind that the leave granted to the child will be in line with that granted to mum.

You will need to provide specified evidence as provided in appendix FM-SE, and if they are successful, they will be issued with a 33 months leave to enter.

[faislondon]

Mate I am not a lawyer neither Immigration advisor.

All my experience is based on my personal applications. This is the reason I am seeking help here. My simple question was the type of visa my wife and child needs to apply?. If you would have replied me in my previous quotes this would have been pretty straight forward. I totally understand the legalities. I do not need to use the legal terms here since simple people access to this form.

Any ways thank you for your time.

I understand I have to apply Spouse visa for wife and dependent for the child.

[Obie]

I was only seeking to assist you.

If i knew my advise would have resulted in a talk down from you , or insult , i would have refrained from advising.

I was merely seeking to assist, in order to prevent you loosing money unnecessarily.

[faislondon]

Thank you for your assistance.

[vinny]

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

I don't think so.

[faislondon]

Hi Vinny,

I am still confused now. I just wanted to know what visa I have apply for them?. After looking at the homeoffice website I figure they need to appply for Spouse & child dependent visa. However I am getting confused with your post :

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

I would reallt appreciate if some one could explain this to me considering my circumstances.

Many thanks in advance

[Obie]

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

I don't think so.

Vinny, I expressed that 319C view in passing, but in the circumstances of the OP, it will make no sense for him to apply under 319C, as the visa fee and the fee for renewal are pretty enormous.

However, i don't read 319C in that way at all.

I find it hard to accept that the penultimate line of 319D(a)(ii) can be given such narrow reading, when 319(D) (a) (i) was talking about Entry Clearance or Leave to remain.

It is a possible reading of the paragraph, but i beg to defer that is a logical one.

Thankfully that issue does not have to be resolved in this thread, as OP's partner and child will qualify for leave under appendix FM, and there is little or no benefit in them pursuing 319C.

[humawakas2014]

Hi Vinny,

I am still confused now. I just wanted to know what visa I have apply for them?. After looking at the homeoffice website I figure they need to appply for Spouse & child dependent visa. However I am getting confused with your post :

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

I would reallt appreciate if some one could explain this to me considering my circumstances.

Many thanks in advance

you had ILR before your child was born. So apply for child's right of abode.

Which country are they from? As child can be granted a certificate of entitlement for right of abode. Meaning child is able to come to the UK without any immigration restrictions.

Once in UK apply for its british passport

[Obie]

you had ILR before your child was born. So apply for child's right of abode.



Which country are they from? As child can be granted a certificate of entitlement for right of abode. Meaning child is able to come to the UK without any immigration restrictions.

Once in UK apply for its british passport

That is not correct.

He can only apply for Right of Abode for a child born Overseas, if he was British at the time of the child's birth.

Had the child been born in the UK, then right of abode would have been a possibility.

[akwadouala]

HI!!"humawakas2014"
The OP wife has never been or reside in UK SO the child was born outside the UK
Application under Appendix FM is correct

[humawakas2014]

you had ILR before your child was born. So apply for child's right of abode.



Which country are they from? As child can be granted a certificate of entitlement for right of abode. Meaning child is able to come to the UK without any immigration restrictions.

Once in UK apply for its british passport

That is not correct.

He can only apply for Right of Abode for a child born Overseas, if he was British at the time of the child's birth.

Had the child been born in the UK, then right of abode would have been a possibility.

I stand corrected. i apologise for any misunderstandings. I was under the impression it was ilr for overseas too not british

[vinny]

She could apply under 319C below:

https://www.gov.uk/government/uploads/s ... _final.pdf

I don't think so.

Vinny, I expressed that 319C view in passing, but in the circumstances of the OP, it will make no sense for him to apply under 319C, as the visa fee and the fee for renewal are pretty enormous.

However, i don't read 319C in that way at all.

I find it hard to accept that the penultimate line of 319D(a)(ii) can be given such narrow reading, when 319(D) (a) (i) was talking about Entry Clearance or Leave to remain.

It is a possible reading of the paragraph, but i beg to defer that is a logical one.

Thankfully that issue does not have to be resolved in this thread, as OP's partner and child will qualify for leave under appendix FM, and there is little or no benefit in them pursuing 319C.

My OISC-registered friend originally thought as you did. However, he changed his mind.

If my original thoughts were to be correct, then it would enable a spouse to apply for entry clearance under 319C even when the RPBSM last held leave in that capacity any number of years earlier.

For example Mr. A. does his 5 years underthe PBS and in 2013 he is granted ILR. In 2014 he naturalises as a Brit cit. In 2030 he marries his long-standing foreign sweetheart. As Mr. A. had at one time completed 5 years under the PBS, his wife could apply for entry clearance under 319C.

However, I don't think the government intends this to be an option. I'm therefore more inclined to believe that 319C(b)(iii) does only relate to LTR applications; i.e. the applicant already holds/has held status as the RPBSM's partner.

[Obie]

Well the Government will need to change 319C (B).

The readying of that paragraph, absent the penultimate paragraph of 319D a(ii) , and the view you expressed about it scope, will seem to indicate to me, that a PBS migrant who succeeded in and obtained ILR under that provision, will continue to qualify under that provision for the purpose of sponsoring family member, long after he or she has obtained British passport.

To be honest Vinny, given the variance in cost between an application as dependent under the PBS route and the Settled spouse, a person with ILR under the PBS, will need to have their head checked, if they choose that route over appendix FM.

It makes absolutely no sense.

One could see why the government has not been challenged about that provision, and its scope as it make no sense apply under it for family member after ILR has been obtained.

It is very interesting provision, in the way it is open to interpretation.

[faislondon]

Dear All,

I figure from your post I need to apply for visa under Appendix FM for wife and kid. What application form do I have to fill?

Also do I need any special documents or the documents for family mentioned on home office website is sufficient?

[vinny]

See also join.