Financial requirement for FLR(M) for partners bfr 09/07/2012

Hi,

My husband was on student visa and now he has applied for the ILR for 10 years basis. He has not received his ILR yet, but my visa is expiring next week so I need to apply for a dependent visa. I had came to the UK in 2007, so how much funds I need to show? Do the £18600 or £22400 threshold applies to my case?

Also, My son born hear and is six years old and attending school, someone has told us that when my husband or I, either of us will get ILR he will considered as british. We are very confident about my husband's ILR, which is expected in a month or two, so do we need to apply for his visa as well or should we wait for my husband's ILR to get him registered as a British Child? If he gets over stay for a couple of months, will it make a difference when we apply for his registration or can it make any negative impacts on my visa application that I have not applied for my son?

I think you will be ok if you don't apply for your son. Once one of the parent get the ILR your son will be eligible for British passport. When you apply for your FLR(m) form if you go through there will be a question about your child which ask that are you including your son in this application so u can tick no there. Without your son applying, you and your husband need to show a combine income of 18600 which will fulfil your income requirement. I hope this helps now

The child would be entitled to register as British under section 1(3) once either parent was settled, it's not an automatic entitlement to a 'British Passport' unless registered. Until then the higher Financial Requirement may be required for FLR(M).

If you visa is expiring next week, it will be advisable to apply for FLR(FP) and if your husband meets the earning requirement, you could subsequently vary to FLR(M), don't see what difference it will make to you really, as you may be able to qualify for ILR in3 years, either any route, provided the 10 years route exists by them.

Needless to add more on the other issues which has been addressed already.

Obie wrote:If you visa is expiring next week, it will be advisable to apply for FLR(FP) and if your husband meets the earning requirement, you could subsequently vary to FLR(M), don't see what difference it will make to you really, as you may be able to qualify for ILR in3 years, either any route, provided the 10 years route exists by them.

Needless to add more on the other issues which has been addressed already.

Hi,

People are opposing FLR(FP), as they say for married partner they can object using FLR(FP), and do the 18600/22400 financial threshold doesn't apply on FLR(FP), just showing a reasonable income and bank statement can work?

Also, please give your view on applying for my son with me or not. As can it effect my application if I don't apply his visa when we have not yet received my husband's ILR?

You can vary once your husband has secured ILR, but as of now, your husband is not settled, any application made on FLR(M) will be invalid.

prem_singh123 wrote:I think you will be ok if you don't apply for your son. Once one of the parent get the ILR your son will be eligible for British passport. When you apply for your FLR(m) form if you go through there will be a question about your child which ask that are you including your son in this application so u can tick no there. Without your son applying, you and your husband need to show a combine income of 18600 which will fulfil your income requirement. I hope this helps now

But we haven't received his ILR yet. But we are very confident as nothing lacks in the application (10 years legal stay, No convictions, No over stay, No points, etc.). And if he doesn't ILR in a couple of months then what the over stay of my son will effect anything?

If you don't apply by next week you will become an overstayer, and that is not a good position to be in.

Obie wrote:If you don't apply by next week you will become an overstayer, and that is not a good position to be in.

No, I am applying tomorrow, but I am just concerned about my son to apply as a dependent with me or wait for his father's ILR to register as a British Child?