Dependant of a ILR (10 years) migrant

[Giritrah]

1.I got ILR 10 yrs long residence in jun_2012.

2.My previous visa was WORK PERMIT(pre-pbs and validity-may2008-may2013) ,immediately applied for my wifes visa (dependant validity-may2008-may2013).my wife came in to UK in NOV-2008_till JULY-2011
but with various absences(health issues of my parents/in-laws).so in total she stayed 22 months with absences between till july -2011-she travelled to USA.

3.Due to problems at my workpermit(work place) had to utilise my wifes USA H1B visa and asked her to travel on her own when she was pregnant and subsequently baby bot born in the month of JAN_2012 with the help of my in-laws.i was unable to accompany her as things got better at my work place and applied for my ILR in JAN-2012 stamped in JUN-2012 .

4.From jun-2012,i am trying to get the answer to get her back to UK with her OLD_VISA

My Questions are:

1.Can she travel with old visa now with work permit dependant Validity till may-2013 or will it be invalid as my visa is switched to ILR recently?.

2.If not-what visa should she apply for,what rules applicable?

3.Will it be classified as ENTRY_CLEARANCE or EXTENSION.
and what will be her ILR_eligibility.

4.Am i right that my son can come in and get ON_ARRIVAL visa as he holds USA passport ?.

5.What Income-Threshold Applies to me if I sponsor in what ever the way you suggest for her return to UK from USA.and she is been working in a software company in USA and has payslips to prove that she will not be a burden to UK after coming back.

6.Will her earnings play any important role as her PAY is $80k because i am little concerned as i stopped working in UK since from JUN_2012 after ILR and learning some software courses and cant provide any financial proof(earnings) now from my self.


Please Please Experts,Gurus,Moderators,Newbies Answer my questions spending some of your valuable time.

Answers Much Appreciated and Thanks in Advance...

[geriatrix]

1. She may be refused entry under 321A(1).
2. Entry clearance as spouse of settled person, subject to the new rules.
3. As per new rules, eligibility to settlement is 5 years.
4. Yes, but only as a visitor. If you wish the baby to remain here with you permanently, the baby will need to apply for entry clearance as well.
5. Read Appendix FM.
6. As above.

[Giritrah]

SUSHDMEHTA<
THANKYOU VERY MUCH FOR YOUR KIND RESPONSE
WILL TRY TO DO ACCORDING TO YOUR ADVISE AND CONTACT AGAIN IN THE FORUM FOR FURTHER CLARIFICATIONS
THANKS AGAIN.

[Giritrah]

HI SUSHDMEHTA AND ALL

I THINK I HAVE TO FIND A JOB MYSELF WITH MORE THAN 22,400 AND WAIT FOR 6+MONTHS TO GET 6 PAYSLIPS FROM SALARIED EMPLOYMENT AS MY WIFE'S 80K.(USD),WILL NOT BE CONSIDERED IN FINANCIAL CALCULATION AS SHE WOULD BE MAKING THE ENTRY CLEARANCE APPLICATION FROM USA.

THANKS AND SUGGESTIONS APPRECIATED PLEASE..

[geriatrix]

Please don't shout.