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Maintenance fund for PBS dependant child born in UK

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Maintenance fund for PBS dependant child born in UK

Post by manci » Sat Jan 25, 2014 10:29 pm

Is there a requirement for maintenance funds for the children born in the UK to Tier 2 PBS migrants who want to apply for leave to remain because of intended travel?

According to para 57 of the PBS Dependant policy guidance dependants who apply separately from the PBS migrant always have to show maintenance.
http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

On the other hand SET7.14 states that for entry clearance applications in these cases maintenance is not required:
http://www.ukba.homeoffice.gov.uk/polic ... /#header14

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: need for a dependant visa for UK born child

Post by vinny » Sun Jan 26, 2014 12:26 am

It depends on which rules they consider applicable.
Section 4a - Children born in the United Kingdom who are not British Citizens wrote:In addition, if a child who was born in the United Kingdom but is subject to control qualifies for leave to enter or remain under any other part of the Rules, he may be given leave in accordance with the provisions of that other part.
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manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: need for a dependant visa for UK born child

Post by manci » Sun Jan 26, 2014 8:16 am

there seems to be an inconsistency in this regard between the immigration rules (App. E), which applies both to entry clearance and leave to remain, and the entry clearance guidance to ECOs (SET 7.14) which is supposed to be a live document.

this thread also refers:
http://www.immigrationboards.com/uk-tie ... ml#p981313

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