ILR Tier2 PBs dependant

[javid qadri]

Hello,
I have a tier 2 visa along with my two children as dependants.my immigration history is as
15/12/2006 dependant on husband's student visa along with two children, later on husband's dependant on PSW visa up to July 2010.
In july 2010 i got tier 2 work permit with my children and my husband as my dependants. After sometime my husband left for Qatar and applied for entry clearance from Doha , which was refused and instead advised to apply for visit visa . he applied two times for visit visa which was refused. for the fear of refusals he did not apply . now recently he applied from India , left Qatar again it was refused maintaining the status quo of previous decisions based on that, he breached immigration law by leaving UK, family life is not affected as we are meeting outside UK.My husband has not seen his children since two years.
MY question is, my present visa is up to April 2017 same for my children. i am eligible for ILR, as per section 319J, for children of PBS migrants both parents should be lawfully here in UK, as i got my Tier 2 before July 2012 the father should be lawfully present.
If I apply for ILR now what will happen to the visa of my children.Do i have to change their visa to dependant of settled worker or they will stay on same visa which is up to April 2017. In Dec 2016 they will be completing 10 years in UK in that case they dont need their father. I have contacted many solocitors every one saying different things, am in desperate need of advice. please help

[vinny]

Why was he refused the entry clearance from Doha initially?

Applying for a visitor visa was perhaps the wrong advice.

How did he breach Immigration laws by leaving the UK?

As you have been alone with the children for about two years, you may be able to argue that you have sole responsibility over them or their exclusion is undesirable. So, they may qualify for ILR with you.

[javid qadri]

The PBS defendant entry clearance visa was refused, saying that my husband was working as a project manager, having such a good job home office thought that he does intend to go back, so they advised him to apply for visit visa, now this time my husband was without job, they refused on the basis that he may stay illegally as he does not have a job.
Home office said in their response that my husband had will fully left UK, that they consider as breach of immigration law.
if the home office refuses the ILR application of my children, what visa they can stay on , will it be the their existing visa PBS dependant Tier 2 or they will have to apply for new visa as dependant of settled worker with indefnite leave to remain

[vinny]

I don't really understand their reasons for saying that leaving the UK breaches the UK Immigration laws. In what way?

Compare the diffences between 319H and 319J. The requirements for the parents' lawful status or sole responsibility or exclusion undesirable are the same for the children for both further and indefinite leave. So, if they are going refuse the children's ILR for these reasons, then they may refuse the children's further leave to remain applications for the same reasons.

However, they should also consider the children's best interests too.

Your husband should apply, from his home country or from a country where he's lawfully resident unless as a visitor there, to join you again as your dependant, not as a visitor.

[javid qadri]

Hi,
Thanks for your quick reply.Up to now I have applied two times for extension of visa along with my children, my husband not being present here and not having a UK visa. I have always maintained that I dont have a sole responsibility of children. There was no problem with that.
If I only apply for ILR what will happen to the visa of my children.They have PBS dependant up to 04/2017.
What is the best solution wait till 12/2016 through ten year route, but the salary for Tier 2 is changing from April 2016.
Two solicitors from same law firm are telling two different things.In the meantime my husband is applying for administrative review.

[vinny]

Hi,
Thanks for your quick reply.Up to now I have applied two times for extension of visa along with my children, my husband not being present here and not having a UK visa. I have always maintained that I dont have a sole responsibility of children. There was no problem with that.
If I only apply for ILR what will happen to the visa of my children.They have PBS dependant up to 04/2017.
What is the best solution wait till 12/2016 through ten year route, but the salary for Tier 2 is changing from April 2016.
Two solicitors from same law firm are telling two different things.In the meantime my husband is applying for administrative review.

How and why did you maintain that you don't have sole responsibility, etc. in the absence of the children's father?

The requirements of 319H(f)(i)-(iii) and 319J(e)(i)-(iii) are the same. If the children's two extensions with yours without their father were successful, then they have already accepted that the children satisfy 319H(f). Why do you think that their ILR applications with yours without their father would be unsuccessful?

[javid qadri]

Thank you very much for clearing this. If somehow they raise this issue,one of my children is 18+. he will complete half of his life Feb 2016.
only thing I am afraid about is they should stay here, as they have spend most of their life here

[vinny]

My guess is that they have accepted that you have sole responsibility, etc. in the absence of the children's father?
Therefore, you should not maintain that you don't have sole responsibility etc. in the absence of the children's father?

Child over 16 must also provide additional evidence as specified in 319J(d).
Child over 18 must also provide additional evidence as specified in 319J(f), i.e. KOLL.

[Obie]

My guess is that they have accepted that you have sole responsibility, etc. in the absence of the children's father?
Therefore, you should not maintain that you don't have sole responsibility, etc. in the absence of the children's father?
Therefore, you should maintain that you do have sole responsibility, etc. in the absence of the children's father?

Child over 16 must also provide additional evidence as specified in 319J(d).
Child over 18 must also provide additional evidence as specified in 319J(f), i.e. KOLL.

Vinny take note of 319H(f)(iii) , I believe their circumstances fall within that provision.

Giving the fact that the father is working overseas, and adequate provisions has been made for the child, It seems appropriate in that circumstance for leave to be issued, notwithstanding the absence of Sole Responsibility.

Thanks vinny for pointing the error.

[vinny]

Yes. Instead of 'sole responsibility, etc.', I should have more clearly put

In the absence of the children's father, they have already accepted 319H(f)(ii) or 319H(f)(iii) was satisfied by granting the two extensions. Then they should also reasonably accept that 319J(e)(ii) or 319J(e)(iii) is similarly satisfied.

[javid qadri]

Hi,
Thank you for your guidance. i am preparing now for my ILR application. few more points to clear.
Do I need to show visa refusals of my husband in my ILR application to prove his absence.
My elder son aged 18 is on gap year and is in part time job but lives with me and his salary is around less than, thousand a month, this job is up to the end of college term only.
What english language test he needs to pass as dependant of PBS tier 2 dependant.
Your help will be greatly appreciated.

[javid qadri]

Hello,
I got ILR along with my two children. Is there some hope now for my husband to get a dependant visa, also do I need to keep a certain amount in bank for 3 months. I know about salary requirement, I have that.

[vinny]

Congratulations!

You need to satisfy the financial requirements, as specified in Appendix FM-SE, etc. Typically, have annual income of at least £18,600 or substantial savings.