Wife(Tier1 dependent) /newborn-kids(in India) for settlement

[ssvgopal]

Dear friends,

Needed some guidance from the senior members of the group.

Me :
- Husband, Tier 1 General visa, valid til 12 July 2012.
- Applying ILR on 14 June 2012(just 28 days before expiry) at PEO Croydon.

Wife :
- Tier 1 General - dependant, with valid leave till 12 July 2012(but in India since Jan 2011 due to pregnancy and post natal care).
- She lived with me in UK since Oct 2007, till Jan 2011(3 years, 3 months)

Kids, twin girls :
- New born, 5 months old, born in India.
(Need apply settlement dependant visa from India.)

Once my ILR application becomes successful, my wife would be applying as dependent of settled person from India. Then I'll bring all 3 of them from India for staying with me in the UK.

1. What would be the maintenance(funds) that I need to show to sustain their application as dependants of settled person? Would 600 GBP or 1800 GBP be applicable for my wife?
(My wife's leave to remain in the UK would still be valid at the time of their application, presumably after 14th June once my ILR gets approved).

2. What about my kids(twin girls)? Would I have to show 1800 GBP for each child(who would be around 7 months at the time of their application)?

3. What kind of permission would be applicable to my wife(ILR or temporary permission to remain), since I read somewhere that she still needs to comply with the 'Life In the UK' requirement. Does she need to come back to the UK, and pass this test, before she becomes eligible for ILR?

4. For their ILR to be successful, do I have to show a 1 bed flat(as a minimum). Currently, I'm in a shared accomodation, which I'll leave after my ILR gets done, and just before my wife/kids are about to travel to the UK.
(I'm a bit unclear how stringent the accomodation requirement is, since I read in Immigration Directorate Instructions - Aug 2010, Chapter 8 - Family members that, accomodation is prospective rather than available. But a newer document dated Nov 2011, didn't mention anything about this. Pls advise).

Regards,
Sai

[ssvgopal]

Consulting a few friends, came out with this information.

1. Since wife was away from UK for a period of 1 year, 4 months, this would break the cohabitation condition that is essential for ILR. So, she would need to come to the UK, on settled-dependant visa(i.e., limited leave to enter/remain).
2. Then after staying for 2 years, she can pass Life in the UK test, and apply for settlement, and then for citizenship.
3. Even the children, since they were born in India, would need to complete a period of 2 years, in order to become eligible for settlement(I doubt this information, so will call up UKBA and confirm).
4. Somebody suggested that I bring the family over to UK(i.e., wife's existing leave to remain, and get Tier 1 dep visa for both kids), and then before this expires, apply for settlement for all three of them.(knowing that wife would still need to complete another 2 years before getting settled).

Would appreciate if somebody senior enough volunteers to help clarify these points.

Best Regards,
Sai

[geriatrix]

Consulting a few friends, came out with this information.

1. Since wife was away from UK for a period of 1 year, 4 months, this would break the cohabitation condition that is essential for ILR. So, she would need to come to the UK, on settled-dependant visa(i.e., limited leave to enter/remain).
2. Then after staying for 2 years, she can pass Life in the UK test, and apply for settlement, and then for citizenship.
3. Even the children, since they were born in India, would need to complete a period of 2 years, in order to become eligible for settlement(I doubt this information, so will call up UKBA and confirm).
4. Somebody suggested that I bring the family over to UK(i.e., wife's existing leave to remain, and get Tier 1 dep visa for both kids), and then before this expires, apply for settlement for all three of them.(knowing that wife would still need to complete another 2 years before getting settled).

Would appreciate if somebody senior enough volunteers to help clarify these points.

Best Regards,
Sai

1. Not necessarily. See also ILR due, wife on Tier 1 dependant in India, what's her status.

2. Under current rules, yes, if spouse enters UK as "spouse of a settled person".

3. As PBS dependant - No (319J). As child of settled person - I believe your child(ren) will only be able to apply for settlement along with your wife (as and when the wife becomes eligible) and not before / separately.

4. Read through the information in given in links (pt. 1 above), and make an informed decision accordingly. IMHO, getting your family to UK as "PBS dependants" before you apply for settlement or deferring your settlement application (if you can) until then should allow your family to apply for settlement sooner (at the same time as you) as compared to if entering UK as "spouse & child(ren) of a settled person".