which is the best option ? any suggestions please

[jenny009]

Hello,

I am pretty new to this forum. I wonder if someone could clarify my doubt please.


My husband and I live in the UK since 2005 and we have a 2.5 year old kid who was born here.



My husband came here first on work permit and then i got my hsmp after 2 months.

We didn’t want to take dependant visa at that time as we wanted to have both routes open.

Who ever gets ILR first, we could then apply for dependant visa.

Luckily I am going to apply this year.



My question , can he apply for dependant visa after I get ILR/along with the my application ?


Since I didn’t have job in 2007 when I had delivered my baby, i couldn’t sponsor my child at that time for a dependant visa?. My husband did.

Will he be included in my application though my kid was not my dependant?


Or


Once i got ILR if we go for FLR(M) for my hubby to extend for 2 years as spouse, does he need to show he has full time job as his job is bit in-secured ?


Finally, can I ask him to go back to the home country and change his visa & the kid visa status to dependant before I apply ?

sorry its bit long query..

any suggestions please guys . Appreciate it.

jen

[vinny]

My husband and I live in the UK since 2005 and we have a 2.5 year old kid who was born here.

See also need for a dependent visa?

[vinny]

Once i got ILR if we go for FLR(M) for my hubby to extend for 2 years as spouse, does he need to show he has full time job as his job is bit in-secured ?

See also Chapter 8 - Family members > Section 1.

[jenny009]

Hi ,

Thanks for your time in replying.
Following is what i understood from your the link you has provided.


For my husband:

It says he has to have LTR for atleat 6 months to apply for FLR(M) -spouse visa with in the country.

It was not metioned that he has to be in full time employment.

For my kid:

It has been metioned that

[b][i]A child may be granted indefinite leave to enter or remain if at least one of his parents has been or is being granted indefinite leave, if either parent is a British citizen or has the right of abode, or if the parental rights and duties of the child have been permanently vested in a local authority.[/i][/b]


that means , he can be included in my application as it doesnt matter if he is dependant of my husband or me..


Please correct me if i havent understood any rules correctly

Thanks again

Jen

[vinny]

If a parent has been granted ILR and child was born in the UK, then see also child ILR.

If you are granted ILR and your husband has current leave and had been last admitted to the UK for over six months, then he may switch to FLR(M) (285, 284(i)). After 2 years, he may apply for SET(M) (288).

Who ever gets ILR first, we could then apply for dependant visa.

It may be better the other way round. Consider if one of you is eligible for ILR first, then the other may apply for entry clearance as a dependant (195) and then subsequently apply for ILR (196E) together with the main applicant. Or you could both apply for ILR independently, subject to your own categories.

Don't forget the KOL requirements.

[jenny009]

Hi , Thanks again for your reply.

M husband has been here since 2001 . student->wp for 1 company ->wp for 2 company(he lost of first job and came out of the country and then came back in 2005 on a new EC).

so he has been with the same employer since 2005. so he can apply for FLR(M) then .


you had mentioned :

It may be better the other way round. Consider if one of you is eligible for ILR first, then the other may apply for entry clearance as a dependant (195) and then subsequently apply for ILR (196E) together with the main applicant.

if he goes for entry clearance to change to dependant visa, would affect the kids visa( who is dependant of my husband) ?

I heard if the person goes out of the country , they will take long time to issue EC/so much questions ...is that right?

Thanks