Husband got indefinite, what is my status?

[Ri6060]

Expert advice required

My Husband applied indefinite under 10 year rule on 27 October 2013 and I was on PBS dependant on tire 4 as he was a student. He got his indefinite on 25th of feb 2014. My PBS dependant visa ends on October 2014, and I will complete 10 years too in December 2014. Will my current visa curtailed to 28 days or can I stay on this visa until October 2014 ?

[tanvir1985th]

Expert advice required

My Husband applied indefinite under 10 year rule on 27 October 2013 and I was on PBS dependant on tire 4 as he was a student. He got his indefinite on 25th of feb 2014. My PBS dependant visa ends on October 2014, and I will complete 10 years too in December 2014. Will my current visa curtailed to 28 days or can I stay on this visa until October 2014 ?

if u have spent 5 years as dependent under your husband then you can apply for ILR straightway now without waiting for 10 years.

[Amber]

How long have you been a PBS dep?

[Ri6060]

Amber

I was on student visa before and switch to student dependant from 2008.
The last student extension expired on 31 Dec 2011.
When my husband made the student renewal there was PBS dependant application form.
We filled the Flrs and pbs dependant and posted all on 31 Dec 2011
Extension visa granted till 30/10/2014
Issue date 08/02/12 and expire date 30/10/2014
so its like 2yrs 18days todays date PBS dependant.


I am bit worry that i beach my 10 yrs rules.
What is my status now as my husband is not a student now but got indefinite throught 10 yrs rules
Can i stay on the actual pbs dependant till before expired 30/10/2014 i made an application on other status.
I am worried that his status has change mean my pbs dependant is not valid after 28 days of his granted date.

(i would like to have these answer first then i know where i am and i can explain more that the fact i have two daughter both born in uk but have not inform the home office yet.
I found mix information about that if the child is not in uk and does not intend to travel dont need visa)

All expert advise would greatly appreciate.

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.

[Ri6060]

Hi,

What I understand from the link I am still legal to stay until that pbs dependant student expired and can make an application before the leave expire in October 2014.

Please correct me if I wrong.

[vinny]

Yes, if not travelling.

[Ri6060]

Yes, if not travelling.

Ok that give me some relieved that the pbs dependent visa I hold is not curtail to 28 days to make an application or leave the country otherwise will be illegal.

But now I have an issue that my first daughter born on 1 march 2010. And as mention before husband apply student extension 31 dec 2011.

On the application form there was nothing mention about any child in uk. And we have filled the pbs dependant for me only. Not put child name. Because we saw somewhere that child born in uk do not need visa unless they travelling will need to seek entrant. And also we did not have any money to show £25000 but shown £12000 which is student full maintenance 7200 n 1 dependant maintenance money for me.

My question is as hubby got his indefinite can he apply for the child British passport.
Or should we have inform home office about the baby born in uk.


Plus have another child baby girl born 10 feb 2012.

Have not inform anything.


Bear in mind don't have any plan to travel.

[Ri6060]

Reason for the £12000 maintenance fees is that husband course finished in sept 2011 n visa expired in 31 dec 2011. But new propose course start in feb 2012.

There was a rule that course completed have to show full 9 months maintenance fees. Plus the new propose course can't start more than 60 days of expired visa.

[vinny]

UK-born child is entitled to register on MN1 after a parent is granted ILR.

[Ri6060]

UK-born child is entitled to register on MN1 after a parent is granted ILR.

So in my case We are not bleaching the policy of not informing the home office of a student child born in uk.

[Ri6060]

UK-born child is entitled to register on MN1 after a parent is granted ILR.

So in my case We are not bleaching the policy of not informing the home office of a student child born in uk.

Is it wise to apply for children mn1 first and for my pbs dependant student wait till October to apply under flr(m)

[vinny]

There's no reason to delay the UK born children's registrations.

There's no requirement to make leave to remain applications for UK born children who have never applied for leave.

I think that you may inform them of their presence when you make a FLR(M) application.

[Ri6060]

There's no reason to delay the UK born children's registrations.

There's no requirement to make leave to remain applications for UK born children who have never applied for leave.

I think that you may inform them of their presence when you make a FLR(M) application.

Flr(m) will required me to show the threshold amount £24800.
Is there a form I can use the child application for the moment.
Once the children get there paper I will be nearly reaching my expired visa n hubby will be able to show 6 month payslip £18600 for me on the flr(m)

Husband did not have work right on the previous student visa from feb 2012.

[vinny]

As you were your husband's dependant prior to 9 July 2012, then the old rules should be applicable.

Child should use MN1.

[Ri6060]

As you were your husband's dependant prior to 9 July 2012, then the old rules should be applicable.

Child should use MN1.

Yea I was reading on that. But it's was saying only for application made on or before 9 July 2012 don't have to show threshold amount.

So do u mean that pbs student dependant granted in feb 2012 on my husband is counted as that rule before 9 July 2012 despite my husband have different status now.
That mean with ur help I can do in person application to get all that out of the way.

[vinny]

3.4

[vinny]

Unfortunate changes.

[Ri6060]

Hi,

I have read the part 8 paragraph 319E which I think apply to me.
I was on student visa n wife dependant. My last student visa I have apply on tier 4 on dec 2011 where wife apply PBS dependant on my application.
Visa granted feb 2012 till oct 2014.
On September 2013 I completed my 10yrs and apply for settlement in October 2013
Settlement granted feb 2014.
Now wife still have visa till October 2014. Paragraph 319E said that if dependant PBS have stay 2 yrs on any category can apply for set(o) directly.

Can you please confirm if She can fill flr(m) or set(m).

24 dec 2014 she will completed 10 yrs to be eligible of set(lr).
If I leave the PBS till October 2014 there will be 1 months gap

[vinny]

Technically, 319E(b)(i) fails if partner applied for/was granted ILR under Long Residence.

Note that the proposed changes means that it is advantageous to make an application before 6th April 2014.

[Ri6060]

Will it make much different if She apply after 6 April 2014.
Base on my situation if I apply before or after 6 April 2014 when granted she will apply for the 10 yrs long resident.

[vinny]

No difference, if she satisfies the partner (5 year route) requirements, after 6th April 2014. Else, there may be other options.

Also, some applicants have been lucky with SET(M)/SET(O) at a PEO.