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very urgent PBS dependent query

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sri7
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spouse and son dependent visa

Post by sri7 » Mon Dec 17, 2018 11:43 pm

Hi,

I got my ILR today. My son was born here In UK. He's 1.4 years old. Unfortunately my wife's grand mother was died , so my wife and son been to India last week. My wife have a valid visa until 29th Jan. My son got Indian passport in London.
My question is what visa i have to apply for my wife now? and is it best to apply from India or is to best to call my wife back and apply from here?
Another question is my son was born here,my solicitor said i can apply a visitor visa for my son from India, bring him back and apply for his naturalisation for British Visa? Is it true? Can i apply for naturalisation when my son is on visitor visa.Dear experts please help me as soon as possible. Thank you very much.

Kind regards
Raja

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seagul
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Re: spouse and son dependent visa

Post by seagul » Tue Dec 18, 2018 3:26 am

Your wife can return & apply from uk before visa expiry. What was the visa of baby?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

secret.simon
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Re: spouse and son dependent visa

Post by secret.simon » Tue Dec 18, 2018 8:00 am

sri7 wrote:
Mon Dec 17, 2018 11:43 pm
Another question is my son was born here,my solicitor said i can apply a visitor visa for my son from India, bring him back and apply for his naturalisation for British Visa? Is it true? Can i apply for naturalisation when my son is on visitor visa.Dear experts please help me as soon as possible. Thank you very much.
The child is unlikely to be issued a visit visa.

One parent is in the UK (you) and the other parent will be applying to return to settle in the UK. One of the requirements of a visit visa is that the applicant (the child) will leave the UK at the end of their visa, which is plainly not the intention here.

The child should apply for the same visa as the mother, though as the child is born in the UK, s/he can also apply for an ILE based on the father having ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sri7
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Re: spouse and son dependent visa

Post by sri7 » Thu Dec 20, 2018 11:14 am

Hi thank you for the reply. Yes I am going to call my wife back and ask her to apply from here. But its my son's Visa needs to be sorted. Can I apply for MN1 from India for him? He left the country 5 days before i got my ILR. Is this going to be issue if he apply from India? Many thanks

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Londoner007
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Re: spouse and son dependent visa

Post by Londoner007 » Thu Dec 20, 2018 1:09 pm

So your son who just has an indian passport and you sent him to India, did you not think how is he going to come back to UK?

You can possibly apply to register him as a British Citizen from India and then apply for a British Passport. It can take a good few months for the registration to be complete.

How will the wife return without the child?
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sri7
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Re: spouse and son dependent visa

Post by sri7 » Fri Dec 21, 2018 10:39 pm

Hi, as my wife have valid visa until jan 29th 2019, so she's coming back to UK to apply as PBS dependent. Then I will send her back home. Once my son get MN1 approved from India, then she will come back wit my son. Many thanks

Kind regards
Raja.

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CR001
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Re: spouse and son dependent visa

Post by CR001 » Fri Dec 21, 2018 10:59 pm

sri7 wrote:
Fri Dec 21, 2018 10:39 pm
Hi, as my wife have valid visa until jan 29th 2019, so she's coming back to UK to apply as PBS dependent. Then I will send her back home. Once my son get MN1 approved from India, then she will come back wit my son. Many thanks

Kind regards
Raja.
MN1 approval is not sufficient. Your son will need a British passport to board a plane or enter the UK.
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sri7
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very urgent PBS dependent query

Post by sri7 » Tue Dec 25, 2018 10:50 am

hi experts please help me. I have received my ILR 2 weeks ago on TIER 2 route. My wife who stays with me is on PBS dependent visa and her visa expires on 29th January 2019. I have to extend her PBS dependent visa.
My questions are here: 1. Do i need to submit evidence of funds for her extension even though I am earning
36k annual salary?
2. If I have to show evidence of funds, how long i got to show it for and how much is
that ?
3. What are the required documents please.

Many thanks
Raja

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Re: very urgent PBS dependent query

Post by CR001 » Tue Dec 25, 2018 11:58 am

sri7 wrote:
Tue Dec 25, 2018 10:50 am
hi experts please help me. I have received my ILR 2 weeks ago on TIER 2 route. My wife who stays with me is on PBS dependent visa and her visa expires on 29th January 2019. I have to extend her PBS dependent visa.
My questions are here: 1. Do i need to submit evidence of funds for her extension even though I am earning
36k annual salary?
2. If I have to show evidence of funds, how long i got to show it for and how much is
that ?
3. What are the required documents please.

Many thanks
Raja
Nothing has changed in the PBS dependent rules and the same requirements are need as before.

You must show £630 maintenance funds for a minimum of 90 days. You need to show this regardless of how much your salary is.
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sri7
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Re: very urgent PBS dependent query

Post by sri7 » Tue Dec 25, 2018 12:51 pm

hi thank you for the reply, however i didn't maintain any funds as i wasn't aware of that. So do i need to apply from India as a settlement visa?

Thank you

raja

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CR001
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Re: very urgent PBS dependent query

Post by CR001 » Tue Dec 25, 2018 12:54 pm

If you do that, which you can, her clock for ILR will reset to zero and she will need another 5 years on spouse settlement visa (2 x 2.5 year visas) before ILR based on 5 years residence.

Note that maintenence funds can be in either name or UK or overseas bank account.
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sri7
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Re: very urgent PBS dependent query

Post by sri7 » Tue Dec 25, 2018 8:14 pm

HI thanks for the reply, can i apply the same settlement visa from UK ? Also do I need to maintain funds or can i apply straight away as I am earning 36k a year ? Thank you

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Re: very urgent PBS dependent query

Post by CR001 » Tue Dec 25, 2018 8:37 pm

She can apply withing the UK provided she still has a valid visa. Her clock for ILR will still reset.

If you apply from abroad, you can apply for spouse and child at same time.
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sri7
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Re: very urgent PBS dependent query

Post by sri7 » Tue Dec 25, 2018 8:41 pm

Thank you. Yes she have valid visa until 29 Jan 2019. Do i still need to show maintenance of funds(£690) for 90mdays? Thank you.

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Re: very urgent PBS dependent query

Post by CR001 » Tue Dec 25, 2018 8:51 pm

There is NO maintenance fund for a spouse settlement visa. You only have to prove you meet the financial requirements and adequate accommodation.
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sri7
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Re: very urgent PBS dependent query

Post by sri7 » Tue Dec 25, 2018 8:52 pm

Excellent. Thank you for your valuable information.

sri7
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Re: very urgent PBS dependent query

Post by sri7 » Wed Dec 26, 2018 11:13 pm

Hi I am really sorry to be a pain, as i have decided to apply for my wife's settlement visa. Now in the application they are asking for below copied UKVI documents, but I don't have anything thats corresponding myself and my wife's name except tenancy agreement, our son's birth registration certificate.
1. We have individually other documents ?
2.Can i add her to my utility bills now?
3.Do I need to still show them the below documents even though we leaved together for 4 years and last extended my wife visa in UK in 2016?
4. 12 items ( 6each) - I don't think i can get 6 evidences for my wife.

Thank you.
Raja.

You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example - 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.

Examples of acceptable evidence include:

Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
Bank statements or letters
Building society savings books or letters
Council tax bills or statements
Electricity or gas bills or statements
Water rates bills or statements
Mortgage statements or agreement
Tenancy agreement(s)
Telephone bills or statements

I

sri7
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Re: very urgent PBS dependent query

Post by sri7 » Mon Dec 31, 2018 9:49 pm

HI COULD SOME ONE PLEASE KINDLY REPLY ME, BIT URGENT. THANKS.

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Re: very urgent PBS dependent query

Post by seagul » Mon Dec 31, 2018 10:26 pm

sri7 wrote:
Wed Dec 26, 2018 11:13 pm
Hi I am really sorry to be a pain, as i have decided to apply for my wife's settlement visa. Now in the application they are asking for below copied UKVI documents, but I don't have anything thats corresponding myself and my wife's name except tenancy agreement, our son's birth registration certificate.
1. We have individually other documents ?
2.Can i add her to my utility bills now?
3.Do I need to still show them the below documents even though we leaved together for 4 years and last extended my wife visa in UK in 2016?
4. 12 items ( 6each) - I don't think i can get 6 evidences for my wife.

Thank you.
Raja.

You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example - 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.

Examples of acceptable evidence include:

Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
Bank statements or letters
Building society savings books or letters
Council tax bills or statements
Electricity or gas bills or statements
Water rates bills or statements
Mortgage statements or agreement
Tenancy agreement(s)
Telephone bills or statements

I
For initial spouse visa application there is no requirement of having 2 years of cohabitation evidences rather proof of subsisting relationship evidences is needed. So attach whatever you have until the date of application to meet that requirement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

sri7
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Re: very urgent PBS dependent query

Post by sri7 » Mon Dec 31, 2018 10:34 pm

Hi thank you for your reply, this is not intial spouse visa. My wife got visa in 2014 from india and another extension with me in 2016( as tier 2 dependent), do i need to show stiil 2 years evidence or just marriage certificate is ok? thanks a lot.

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