Need Advice For My Wife Financial requirements

[Ahmed786786]

Dear Sirs,
I have applied on set lr form and my ILR expected soon as i hope .I have a son born in UK but never applied his visa but got his manual overseas Passport.My salary is £20000 and I can meet my mrs requirement but if they include my son in financial requirements then I am unable to meet the requirements.
I will apply for my son on MN1 form as soon as I receive ILR but for my Mrs visa is going to expire so cannot wait until receive son registration certificate.So i have to apply my mrs on form Flrm .
I was thinking that they will not include my son in financial requirement but I have read this forum and come to know that one of the forum member Mrs flrm visa refused as home office include 2 uk born children in the financial requirement and granted discretionary leave outside of rules.
Please advise me whether UK born son as never applied visa before -need to include in the financial requirement-If not then please give me any home office rules which based that son do not need to include in the financial requirement-Please note I will apply on from MN1 and it takes about three months for british registration certificate.



Kind regards,
Ahmed

[Obie]

Also see This post.

You don't have to include the UK born child in my opinion.

[Ahmed786786]

Thanks for your reply.
I have posted my previous post after reading the post you mentioned in your reply.
I have read again and found that Home office have included 2 UK born children in the financial requirement
and the FLRM visa refused nad granted Discretionary leave outside of rules.
I was very much relaxed before reading the post you mentioned and I am confused after reading the replies in the post you have mentioned.
please inform me on what base my UK born son will not be included in the financial requirement so that for safe side I want to mention in the covering letter.
Kind regards,
Ahmed

[Obie]

Your case is slightly complex and different from the guy in the other thread, and there has been no registration in your case, and your child has no Registration application in place.

[Ahmed786786]

Dear Obie,
I think my case will become same as the guy in the post as you mentioned.
Suppose I will get ILR on Long residency on 5 Dec 2014
And I will apply for my son on Form MN1 on 7 Dec 2014
And then later I will apply for my Mrs on 14 Dec 2014 on PEO appointment.
As in Flr m form there is section 4 regarding children where I need to write about my son although he is not applying .
And If home office include my son in the financial requirement as they did for the guy in the post you mentioned then the situation becomes same as my son,s registration will be in process and it takes about three month for registration to complete.
Therefore please advice me on what is the base of immigration rules that home office did not include my son in the finanacial requirement so I know and will mention in the covering letter to avoid any tragedy that was happened for the guy in the post you mentioned.

Looking forward your reply,
Ahmed

[Obie]

I have mentioned the points that i raised in the letter i wrote for the guy.

At the time of the application, the person in question had already secured PR, under the EEA Regulations.

Yours may not be straight cut, as it involves few hypothetical.

That they will grant you ILR on 5th Dec, that you will apply on the 7th December.

You own submissions will have to be more robust than my client, as your son is not entitled to be registered now.

His son however, was entitled to be registered, as he had complied with all the formalities. It was the administrative hurdles that was holding him to ransom.

[Ahmed786786]

Dear Obie,
Thanks for the reply.

Dates I mentioned just for the idea and dates can be different but most probably my applications will happen in the order such as
1- Got ILR on Set lr
2-After getting will apply my son's registration
3-Then apply for my Mrs although son,s registration application will be in process.

With all your respect I did not found the guy in the post you mentioned receive PR under EEA regulators as I found that He also received ILR on Long residency.

After all thanks for all your quick replies although My confusion not cleared.
Thanks again for you time.
Ahmed

[Obie]

My client is the one that received PR under the regulations, not the guy on that thread.

The person on the post you mentioned, had ILR at the time of his application. ILR under national rules and PR under EU rules are the same in all but name, when it comes to registration of a child and ILR for spouse.

You saw the points i stated that i raised in the cover letter and the relevant legislation i quoted.

I not sure i can add more than that.

You have the option of asking them to put your wife's application on hold.