ILR and pbs dependent application

[sheikh52250]

Hi,
I am on Tier 1 General and due for my ILR in July 2016 on completing 5 years from initial application granted, I have my partner and child joining me since May 2013 applied and came after July 2012 rule change.
I want to ask

1- Can my 2+ child born outside UK in a non-Eu state and living with me from 2+ years apply for ILR same time on my SET (O) application form, am confused about the eligibility as child born within UK eligible for naturalization after main applicant ILR acceptance.

2-Can I apply for my wife PBS dependent application by post after I got ILR or I need to apply for FLR(M) application. If PBS dependent application then which form to use and what are the requirements of maintenance and cohabitation because I got the property all inclusive and don't have any Council tax or utility bills and nothing on joint name/ account.
Do I have to include my child application on the same PBS dependent form.

3- If I don't get my decision of my ILR application because I will be doing postal application before the expiry of visa which expires in November 2015 for all of us , then can I join the PBS dependent application with the main ILR case later.

Please help me if know anything in this regard.

[CR001]

Hi,
I am on Tier 1 General and due for my ILR in July 2016 on completing 5 years from initial application granted, I have my partner and child joining me since May 2013 applied and came after July 2012 rule change.
I want to ask

1- Can my 2+ child born outside UK in a non-Eu state and living with me from 2+ years apply for ILR same time on my SET (O) application form, am confused about the eligibility as child born within UK eligible for naturalization after main applicant ILR acceptance. No, they will qualify in line with their mothers visa as that is what they have been granted.

2-Can I apply for my wife PBS dependent application by post after I got ILR or I need to apply for FLR(M) application. If PBS dependent application then which form to use and what are the requirements of maintenance and cohabitation because I got the property all inclusive and don't have any Council tax or utility bills and nothing on joint name/ account.
Do I have to include my child application on the same PBS dependent form. Yes she can extend on PBS Dep form after you get ILR as long as her visa has not expired and your child can be included as dependent. Any other cohabitation such as doctor letters, mobile phones, Sky TV, BT, HMRC, bank statements, etc. For PBS dep extension, you will also have to pay the NHS Surcharge of £200 per year per person (wife and child) for the full duration of their visa extension granted. So it will probably bee £600 per applicant, payable upfront at point of application.

3- If I don't get my decision of my ILR application because I will be doing postal application before the expiry of visa which expires in November 2015 for all of us , then can I join the PBS dependent application with the main ILR case later. You can but I am not sure how this works to be honest.

Please help me if know anything in this regard.

[sheikh52250]

I am on Tier 1 General due for ILR.
My child was born outside EU but living with me more than 2 years, want to find out whether my child is eligible for ILR same time as mine or not because one of the immigration advisor told me that child is eligible for ILR as the main application on SET (O) form. Also called home office enquiries line and was told to use FLR (O) form for extension.

Secondly which form to used for dependent application as told by the same advisor to used the FLR (M) form. Is it not possible to do PBS dependent application. Which form to use for dependent and what are the English language, earnings, maintenance and cohabitation requirements for the dependent.

Hoping your kind answers.

[vinny]

I am on Tier 1 General due for ILR.
My child was born outside EU but living with me more than 2 years, want to find out whether my child is eligible for ILR same time as mine or not because one of the immigration advisor told me that child is eligible for ILR as the main application on SET (O) form. Also called home office enquiries line and was told to use FLR (O) form for extension.

Not sure which provisions for child's ILR the immigration advisor was relying on?

Secondly which form to used for dependent application as told by the same advisor to used the FLR (M) form. Is it not possible to do PBS dependent application. Which form to use for dependent and what are the English language, earnings, maintenance and cohabitation requirements for the dependent.

Hoping your kind answers.

If you are granted ILR under Tier 1 (General), then your dependants may continue to extend as PBS dependants from within the UK until they qualify for SET(O). If they switch to FLR(M), then their qualifying period for SET(M) may be reset.

[sheikh52250]

Thanks for your reply.

Which form to use for Tier 1 General dependent extension?
Please attach the link if possible because I am having difficulties while finding the form.
Do I need the same form for both partner and child extension?

Thanks

[CR001]

PBS Dependent Form (Click)

Your dependents will also have to pay the new IHS Surcharge (Click) before applying as they need the IHS reference number.