ILR query for UK Born Child and Previous Earnings

Hi,

Can experts and experienced please help with the following queries, as I got confuse after going through some of the post related to my queries.

I will be applying for my ILR soon, and planning to include my Spouse and Child (born in UK) in my application.

However, I have following queries,

Question 1:UK Born Child ILR eligibility
1. Is the rule to ‘Spend 2 year’s minimum on the dependent VISA’ applicable to my child in the following scenario?

2. Is my Child born in UK eligible for ILR, with following status on the date of ILR application,

• Completed 2 years in UK (as he will be 2 and half years old)
• He holds the PBS dependent VISA and already travelled outside country on that VISA. However, on the ILR application date he won't be completing 2 years under the PBS dependent visa status, as we appplied his dependent visa little late (a year after he was born).

Question 2:Previous Earning
In my latest Tier-1 Extension I had claimed 45 Points for Previous earnings, Do I have to Claim 45 points again in previous earnings section for ILR, or I can claim less than 45 points If I can manage to score minimum 75 points as required.


Question 3:Previous Earning
Is it true or a myth, that you have to show the same or more earning at the time of next extension or ILR application, than what you have shown at the time of your previous Tier-1 extension Application?
(For example, for your previous tier -1 extension, if you claimed points for salary £40,000, then for your ILR you will need to show minimum salary £40,000 or more?)

UKVISAIMG wrote:Hi,

Can experts and experienced please help with the following queries, as I got confuse after going through some of the post related to my queries.

I will be applying for my ILR soon, and planning to include my Spouse and Child (born in UK) in my application.

However, I have following queries,

Question 1:UK Born Child ILR eligibility
1. Is the rule to ‘Spend 2 year’s minimum on the dependent VISA’ applicable to my child in the following scenario?

2. Is my Child born in UK eligible for ILR, with following status on the date of ILR application,

• Completed 2 years in UK (as he will be 2 and half years old)
• He holds the PBS dependent VISA and already travelled outside country on that VISA. However, on the ILR application date he won't be completing 2 years under the PBS dependent visa status, as we appplied his dependent visa little late (a year after he was born).

Question 2:Previous Earning
In my latest Tier-1 Extension I had claimed 45 Points for Previous earnings, Do I have to Claim 45 points again in previous earnings section for ILR, or I can claim less than 45 points If I can manage to score minimum 75 points as required.


Question 3:Previous Earning
Is it true or a myth, that you have to show the same or more earning at the time of next extension or ILR application, than what you have shown at the time of your previous Tier-1 extension Application?
(For example, for your previous tier -1 extension, if you claimed points for salary £40,000, then for your ILR you will need to show minimum salary £40,000 or more?)

1. You can apply directly for registration of the child born in UK, once parent(s) get ILR, under section 1(3), unless you want to pay extra for ILR for the child born in UK. There is no requirement of residency for the child born in UK.

2. & 3. I think its true.

Hi mk357,

Thanks for the reply.

To be more accurate on my question,

Some people are saying that you only have to claim points what you claimed previously and don't need to show the same or more earnings.

Like in my case I have submitted last 12 salary slips for around £65,000 for previous Tier-1 extension and claimed 45 points. Does that mean for my ILR, I have to show minimum income of £65,000 or more.

Or do I have to claim 45 point as previously claimed during my Tier -1 extension, which I can even claim with showing salary anything > £40,000

Please advise

UKVISAIMG wrote:Or do I have to claim 45 point as previously claimed during my Tier -1 extension, which I can even claim with showing salary anything > £40,000

That's correct.

UKVISAIMG: you don’t need to be earning the same salary as you earned at the time of your Tier-1 application. All you need is to score 75 points in total and you will be fine.

For example if you claimed 45 points in Tier-1, you can now claim even 30 points for salary (as long as your total score is 75 or more).

I agree with Push and Linkers, but the problem is with some CW who do not understand their own rules in place.
Going to PEO and coming back with a rejection is really dis-heartening for anyone without any fault/mistake of their own.
Eventually, one will get the desired result via appeal, but we all know how stressful it can be.

My overall impression has always been that, with so many changes coming up; CW are probably not trained enough to keep themselves updated with current rules AND / OR they are inventing their own interpretation of immigration rules.