19 year old dependant son apply FLR(O)

[decentkhuu]

Hi
I received my ILR recently based on 10 year long residency rule. My son has been here in UK for last 5 years as my dependant and his PBS dependant visa will expire this May. He is 19, still my dependant and not working.
Can he apply FLR(O) to extend his leave to remain as my dependant? or any other alternatives without leaving UK?

cheers

[vinny]

If your only dependants are children under 18 and they do not qualify under the long residence rules, they may apply for indefinite leave to remain as a child of a per- son present and settled in the UK on form SET(F). Each child would have to apply and pay separately. Any child over 18 wanting to apply as your dependant would also have to apply and pay separately on SET(F).

[jaberdene]

If your only dependants are children under 18 and they do not qualify under the long residence rules, they may apply for indefinite leave to remain as a child of a per- son present and settled in the UK on form SET(F). Each child would have to apply and pay separately. Any child over 18 wanting to apply as your dependant would also have to apply and pay separately on SET(F).

[decentkhuu]

If your only dependants are children under 18 and they do not qualify under the long residence rules, they may apply for indefinite leave to remain as a child of a per- son present and settled in the UK on form SET(F). Each child would have to apply and pay separately. Any child over 18 wanting to apply as your dependant would also have to apply and pay separately on SET(F).

Thanks Vinny
My wife is here in UK as well and going to apply FLR(M) soon. Also my daughter lives in my country, but not dependent on us. In this case does my son who is here qualifie as my only dependand?
Many thanks again.

[vinny]

Unfortunately, if your daughter is not dependent on you, nor in the UK, then she cannot apply.

[decentkhuu]

Unfortunately, if your daughter is not dependent on you, nor in the UK, then she cannot apply.

No Vinny, you misunderstood me. I have a SON here and a daughter (she is 24) in my country. My daughter WON'T apply any visa. I would like to have my son's leave extended here in UK. QUESTION is does my son qualify as my only dependand and apply SET F as you answered me first time even I have a daughter lives back in my country?
Cheers

[vinny]

I think that your adult son may apply on SET(F), as he cannot be included in your wife's FLR(M).

[decentkhuu]

I think that your adult son may apply on SET(F), as he cannot be included in your wife's FLR(M).

Thank you very much Vinny. I will do some research on it
One more Q pls
I just got ILR and start to work and earning money. As for my wife's FLR M , me and my wifes earning is over 18600£ now. But I will not have worked 6 months before her FLR M application. SO can she apply Flr M here or she need to go back my country and apply there ? She is currently on student dep visa for 5 years here in uk since 2007. Her visa will expire this May.
Thank you Vinny.

[vinny]

I think that applying successfully from within the UK may depend on how long it takes for a decision on FLR(M). She may apply by registered post for FLR(M) shortly before her leave expires. Send extra (financial or other) information for her application before her FLR(M) decision. Hopefully, you and she will meet all the requirements on the date of the decision.

Alternatively, she may depart from the UK before her leave expires and apply for a spouse visa from her country when eligible. As she will be outside the UK, her income may be disregarded (A1 1(c)).

Other comments welcomed.

[Greenie]

As the wife was issued PBS dependent leave under the rules in place before 9 July she benefits from the transitional arrangements and thus doesn't need to meet the new income requirement. She should be able to apply for ilr immediately after her FLR(m) is granted assuming she has had PBS dependent leave for at least two years and meets the other requirements for ilr

[decentkhuu]

As the wife was issued PBS dependent leave under the rules in place before 9 July she benefits from the transitional arrangements and thus doesn't need to meet the new income requirement. She should be able to apply for ilr immediately after her FLR(m) is granted assuming she has had PBS dependent leave for at least two years and meets the other requirements for ilr

Yes she did become PBS TIER 4 dependant before 9 July.
Problem is I got ILR based on long residency (10 year rules) rather than 3 or 5 year rules. As far as know in this case she now need to meet new income rule to get FLR M approved, doesnt she?

Cheers

[decentkhuu]

I think that applying successfully from within the UK may depend on how long it takes for a decision on FLR(M). She may apply by registered post for FLR(M) shortly before her leave expires. Send extra (financial or other) information for her application before her FLR(M) decision. Hopefully, you and she will meet all the requirements on the date of the decision.

Alternatively, she may depart from the UK before her leave expires and apply for a spouse visa from her country when eligible. As she will be outside the UK, her income may be disregarded (A1 1(c)).

Other comments welcomed.

To be honest I dont like the second option which is clearly doable.

You gave me a good hint for the 1st option. Cheers vinny. Still need to research a lot.

[Greenie]

As the wife was issued PBS dependent leave under the rules in place before 9 July she benefits from the transitional arrangements and thus doesn't need to meet the new income requirement. She should be able to apply for ilr immediately after her FLR(m) is granted assuming she has had PBS dependent leave for at least two years and meets the other requirements for ilr

Yes she did become PBS TIER 4 dependant before 9 July.
Problem is I got ILR based on long residency (10 year rules) rather than 3 or 5 year rules. As far as know in this case she now need to meet new income rule to get FLR M approved, doesnt she?

Cheers

no she doesn't need to meet the new income requirement.

[decentkhuu]

no she doesn't need to meet the new income requirement

If it is the case, it will be very easy. Thank you mate.

[cqln]

If your only dependants are children under 18 and they do not qualify under the long residence rules, they may apply for indefinite leave to remain as a child of a per- son present and settled in the UK on form SET(F). Each child would have to apply and pay separately. Any child over 18 wanting to apply as your dependant would also have to apply and pay separately on SET(F).

I got similar issue. My question is if the child aged 19 will get ILR or only a dependent visa? Thanks!

[vinny]

I got similar issue. My question is if the child aged 19 will get ILR or only a dependent visa? Thanks!

I believe that she may use SET(F), as suggested by Guide SET(O). Apply before her leave expires.

[decentkhuu]

no she doesn't need to meet the new income requirement.

Hi again

I did a research and find out followings on the FLR M form (page 17).

"If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not
required to complete section 7A (which is new financial requirement), Proceed to 7B MAINTENANCE"

in my case she is my wife which means she is my partner. she became student dependent before 9th July. Therefore she doesnt need to meet new financial requirement no matter I applied ILR under long residence after 9th July and got it?

Is my understanding correct?

cheers

[decentkhuu]

As the wife was issued PBS dependent leave under the rules in place before 9 July she benefits from the transitional arrangements and thus doesn't need to meet the new income requirement. She should be able to apply for ilr immediately after her FLR(m) is granted assuming she has had PBS dependent leave for at least two years and meets the other requirements for ilr

Hi
I just called UKBA and I was told that new rule will apply to my wife's FLR M application even though she became PBS dependant before 9/07/12.

confusing me,

most of the members in this thread said old rule apply to my wifes case.
so which one is correct? please advice me

many thanks

[vinny]

Chapter 8 - Family members transitional arrangements > Transitional guidance > 3.4.

[decentkhuu]

Chapter 8 - Family members transitional arrangements > Transitional guidance > 3.4.

Thank you very much Vinny. Everything is clear now.
Very helpful
Thank you again and again.

[decentkhuu]

Chapter 8 - Family members transitional arrangements > Transitional guidance > 3.4.

Thank you very much Vinny. Everything is clear now.
Very helpful
Thank you again and again.

in order to meet adequate maintenance fund for 3 of us, we need following money according to the this post http://www.immigrationboards.com/viewtopic.php?t=104025

482.95 for couple
281.62 for a child
17.40 for income support family premium
Total =£781.97 (after council tax and rent paid)
we pay £450+£75 = £525 per month for rent and council tax.
Therefore we apparently need to show £1307 for adequate maintenance fund every month.

Im student and not working. My wife earns £900 a month after tax. so this £900 is nowhere near the required money which is £1307. But we have a savings of £10K at the moment in our accounts from which our council tax and rent is paid.

questions are:
1. our current financial situation will meet the adequate maintenance fund for 3 of us?
2. How can I use the savings as maintenance fund? theres no question abt savings for maintenance fund in FLR M form.

any comments and advice on this pls,
cheers

[vinny]

Interestingly, a PBS dependant partner was directly granted ILR at a PEO.

[vinny]

See also what category and what form?