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Main applicant switches to ILR-what happens to PBS dependant

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Sam1394
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Which type of visa for a dependant of who have ILR

Post by Sam1394 » Fri Sep 21, 2018 8:00 am

Hi

I have few misunderstanding and want to clear before apply for my ILR. I am applying on 10 years long residency in Nov 2018.

Once I have my ILR how can I apply for my husband? He is right now on Tier 1 dependent visa will be expired April 2019. We are married since 2004 but he applied for a tier4 dependant visa in Sep 2011 and joined me in March 2012. He has been my dependant continuesly all over these 7 years. What happen to him if I have got ILR? I read something about part8. Is it applicable for him?

As I could not find a job yet, do I need to any income when he is applying for a visa?

How much do I need to show as a maintenance and housing?

My little son who born in UK three years ago, how I have to apply for her.

Your help will be much appreciated .

Kind Regards

vinny
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Re: Which type of visa for a dependant of who have ILR

Post by vinny » Fri Sep 21, 2018 8:39 am

After they grant your ILR, your husband may apply for FLR(M) before expiry of leave, subject to Appendix FM, SE. Joint income may be included to meet the financial requirements.

Your son will be entitled to register, thereby negating the extra financial burden for a non-settled, non-British child.
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Sam1394
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Re: Which type of visa for a dependant of who have ILR

Post by Sam1394 » Fri Sep 21, 2018 9:24 am

Thank you Vinney

You said we can include his income for his financial requirement. Is it possible to show the rent of the property outside of uk?

vinny
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Re: Which type of visa for a dependant of who have ILR

Post by vinny » Fri Sep 21, 2018 9:31 am

Look at Appendix FM-SE to see what’s possible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Sam1394
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Re: Which type of visa for a dependant of who have ILR

Post by Sam1394 » Fri Sep 21, 2018 9:44 am

Many thanks for your quick reply

Sam1394
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Main applicant switches to ILR-what happens to PBS dependant

Post by Sam1394 » Tue Nov 27, 2018 12:48 am

Hello

Much appreciated if you can help and advise my quaries. I am going to apply ILR (10 years) end of November. I have got two dependants, my husband and my son. My tier 1 visa ( graduated intrepreneur) will be expired April 2019. My husband and son are my PBS dependants and their visa will be expired April 2019.

My questions are

1) what happens to my husband’s dependant visa if I got ILR? Would his stay in the UK still be legal until his current visa expire date April 2019?

2) In case his dependent visa will still be valid and he just needs to wait for April 2019 to apply ILR, can he travel outside the UK? Would he still be allowed to re-enter?

3) My son was born in the uk. Some one said if my son get British citizenship, then my husband can apply as a parent of him to remain in the uk. Is it possible?

Thanks in advance for your advice!

Kind regards,
Sam

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Re: Main applicant switches to ILR-what happens to PBS dependant

Post by CR001 » Tue Nov 27, 2018 7:14 am

Topics merged. The advice remains the same as when you previously asked.

1. It remains valid unless curtailed, which is unlikely. He must switch to flr m and meet the requirements before his current visa expires.

2. It would be risky to travel until he has changed his visa to flr m. He also doesn't qualifying for ILR based on pbs dependent route if you get ILR based on long residence.

3. Don't listen to "someone". Applying as parent is relevant when you are no longer in a relationship with the child's other parent, which does not appear to be your case. Note also that registering the child as British could take a few months.
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Sam1394
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Re: Main applicant switches to ILR-what happens to PBS dependant

Post by Sam1394 » Tue Nov 27, 2018 10:51 am

Many thanks

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