Financial impact-july 9 rule of 5 year ILR for dependent

[varghesejim]

Edited as some flaws in assessment were pointed out in a reply by Jambo

I am just trying to console myself by assessing the impact of the 5 year dependant rule which could be in force from 9 july.

Recap: I am a tier1 migrant(ILR due 2014). My wife was on tier1 dependant visa and was in UK for the past 2 years. As per the current(rules) PBS dependant have to be in UK for 2 years before applying for ILR, but it need not be continuous. So, when my wife needed to travel to India for delivery we did not bother to extend her visa. She will apply for tier1 dependant Visa with kid from India and come here in 2013 and all of us can apply for ILR in 2014.

Change of rules: As per the rules applicable from july 9, any new entry clearance for PBS dependant will need to wait for 5 years instead of 2 for ILR.As my wife did not extend the visa and have to apply for entry clearance from India she need to wait for 5 years before ILR.

Financial Impact assessment:

What would have happened with the current rules?

Tier1 extension in 2012(2 years)
Applicant - 1500
Wife - 816(outside UK)
Child - 816(outside UK)
Both of the dependents could come over to UK in beginning 2013
ILR in 2014
Applicant(SET(O)) - 991
Wife
ILR SET(O) - 496
Child
ILR SET(O) -496
Citizenship in 2015
Applicant with partner - 1317
Child - 551
Total cost = 6983

What will happen with the new rules

Tier1 extension in 2012(2 years)
Applicant - 1500
Wife - 816(outside UK)
Child - 816(outside UK)
Both of the dependents could come over to UK in beginning 2013
ILR in 2014
Applicant(SET(O) - 991
Wife-FLR(M)(Cannot Apply for ILR) - 561
Child-(SET(O)-ILR) - 496
Extension in 2016
Wife-FLR(M)(Cannot Apply for ILR) - 561
ILR Dependant in 2017
Wife(SET(O)) - 991
Citizenship in 2018
Applicant with partner - 1317
Child - 551
Total = 8600

So, 1617 pounds extra I need to shell out becasue of the rule change

Hope this makes sense. The intention is that somebody could note some glitch in the assessment and say it is rubbish/ or I am relieved that I know for sure what will happen

[asim72]

Whatever your have posted does't make sense. You wanted a confirmation, so I can give you one. Your assesment is utter rubbish.

[varghesejim]

Whatever your have posted does't make sense. You wanted a confirmation, so I can give you one. Your assesment is utter rubbish.

Thank you for your input. It would have been more helpful if it is explained why it does not make sense.

I edited the original post as an attempt to make it more clear.

[Jambo]

I didn't follow your post in full but one thing you seem to be missing is that a requirement for naturalisation is holding ILR. 3 years of residence (even if married to BC) is not enough.

[varghesejim]

I didn't follow your post in full but one thing you seem to be missing is that a requirement for naturalisation is holding ILR. 3 years of residence (even if married to BC) is not enough.

Thank you for reading the post and resolving the issue. You nailed it, that was the point I was missing.

[varghesejim]

I didn't follow your post in full but one thing you seem to be missing is that a requirement for naturalisation is holding ILR. 3 years of residence (even if married to BC) is not enough.

Could you please provide me the link for this requirement?

[Jambo]

Could you please provide me the link for this requirement?

Sure.

Immigration time restrictions
You must be free from immigration time restrictions on the day you make your application.

And in the words of the act:

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom

[varghesejim]

Could you please provide me the link for this requirement?

Sure.

Great. Thank you very much.

[varghesejim]

For what its worth, I changed the original assesment. There is more money to be spend and more time for the dependant until getting ILR/BC

Financial Impact assessment:

What would have happened with the current rules?

Tier1 extension in 2012(2 years)
Applicant - 1500
Wife - 816(outside UK)
Child - 816(outside UK)
Both of the dependents could come over to UK in beginning 2013
ILR in 2014
Applicant(SET(O)) - 991
Wife
ILR SET(O) - 496
Child
ILR SET(O) -496
Citizenship in 2015
Applicant with partner - 1317
Child - 551
Total cost = 6983

What will happen with the new rules

Tier1 extension in 2012(2 years)
Applicant - 1500
Wife - 816(outside UK)
Child - 816(outside UK)
Both of the dependents could come over to UK in beginning 2013
ILR in 2014
Applicant(SET(O) - 991
Wife-FLR(M)(Cannot Apply for ILR) - 561
Child-(SET(O)-ILR) - 496
Extension in 2016
Wife-FLR(M)(Cannot Apply for ILR) - 561
ILR Dependant in 2017
Wife(SET(O)) - 991
Citizenship in 2018
Applicant with partner - 1317
Child - 551
Total = 8600

So, 1617 pounds extra I need to shell out becasue of the rule change

[fraser]

Have you assumed the fees will stay the same in the future? They will probably go up!

[varghesejim]

Have you assumed the fees will stay the same in the future? They will probably go up!

Probably. As the current fee stands I am to loose 1617 pounds. It could be higher.