Dependants of 10year long stay and ILR

[kolaxy]

Hi All,

Please, is it possible for a dependant (1year on PSW visa + 4years on Tier 1 General visa) of a 10year long resident to apply for ILR at the same time as the main applicant? Your response will be highly appreciated.

[sheraz7]

The time spend under PSW will not be counted towards the 5 years criteria for Tier 1 general scheme. Moreover, under 10 years ILR category the main applicant cannot include the dependant.

[kolaxy]

Thanks for your prompt reply Sheraz7. So pls, what's the next solution?

If I get my ILR first through 10yrs long stay, can my spouse also apply for ILR after completing 5yrs on Tier 1 General or is there another way to go about it. I read somewhere that my little british born boy can get his british passport provided the main applicant has ILR. Thanks for your responses.

[sheraz7]

Yes. Once your spouse completes her 5 years on Tier 1 then she can apply ILR.

[kolaxy]

Thanks a lot Sheraz7 for your help. Now I know exactly what to do. Cheers

[maxwake]

yes that is correct

[kolaxy]

Thanks maxwake

[Amber]

Good day everyone. Pls I planned to apply for ILR (10 year route in July 2015) but I'm confused as to what my spouse should apply for due to different opinions on this thread.

1. My wife joined me as my dependant in March 2010 when I was still on PSW visa.
2. We applied together and got our visas in May 2011 for Tier 1 General and she got Tier 1 General dependant visa for 2 years.
3. We applied together and got our visas again in May 2013 for Tier 1 General Extensions and she got Tier 1 General Extensions dependant visa for 3 years i.e till May 2016.
4. By May 2016, she would been in the country for 6 years (5years as a Tier 1 General dependant).

My questions are: can she apply for ILR with me in July 2015, and if not, pls what do we have to do? And when/how long can she get her own ILR?

Thanks for your help.

[Amber]

When you are granted ILR your spouse can then switch to FLR(M) and hopefully still be able to apply immediately for SET(M) when granted FLR(M) as per rule 287(a)(i)(d).

[kolaxy]

When you are granted ILR your spouse can then switch to FLR(M) and hopefully still be able to apply immediately for SET(M) when granted FLR(M) as per rule 287(a)(i)(d).

Thanks D4109125 for taking time to help me. Sorry I didn't mean to open a new topic unnecessarily just that I couldn't find the other topic.

Ok, I get it now , my wife must first switch to FLR(M) when I'm granted an ILR before she can later apply for SET (M) as per rule 287(a)(i)(d)?

Thank you my friend. Cheers

[kolaxy]

When you are granted ILR your spouse can then switch to FLR(M) and hopefully still be able to apply immediately for SET(M) when granted FLR(M) as per rule 287(a)(i)(d).

Hi Amber. A lot of changes has been made since you made this post. Please I've got a question regarding financial requirements for FLR(M). My annual gross income as an employee is about £17,600. My spouse annual gross income (due to maternity) was roughly £10,400 for same period.

Question: Please is it possible for both of us to combine our income in order to meet up with the £18,600 financial requirements?

[Amber]

Yes, insofar as your partner is working in the UK legally. I would read Annex 1.7 to Appendix FM to familiarise yourself with the specified evidence required. See 5.5.19.

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6 months prior to the date of application, the relevant date for considering the length of employment and the income from the employment can be either:
 The date of application; or
 The date of commencement of the maternity, paternity, adoption or sick leave.

[kolaxy]

Yes, insofar as your partner is working in the UK legally. I would read Annex 1.7 to Appendix FM to familiarise yourself with the specified evidence required. See 5.5.19.

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6 months prior to the date of application, the relevant date for considering the length of employment and the income from the employment can be either:
 The date of application; or
 The date of commencement of the maternity, paternity, adoption or sick leave.

Thank you so much Mr Amber for your prompt reply. I've read Annex 1.7 as advised and it's very clear to me now.So

[kolaxy]

Hello wonderful Moderators and forumites. Please I've finally applied for my ILR via 10years route but I have a question bothering me as regards my dependants( Spouse and two kids). My children were born in the UK.

First question is, when I apply for my wife's FLR(M), do we have to add their(children) financial fund in addition to that of their mother or there's no need for doing that.

In other words, do we have to show £18600(wife) + £3800(1st child) + £2500(2nd child)= £24,900 or is it only £18600(for wife) cos the children were born in UK.

I can provide £17580 and my wife can now provide around £16000(both employed).Total £33580.

Averagely I get £1465 a month and she gets £1335 a month, total £2800 a month.

Pls can we just show all our joint bank statements to prove that we have over £33000 for the financial requirements. The reason why I asked is that, I've read that we need to show 6 months bank statements. If we show 6 months bank statements, we won't meet the financial requirements of £18600 or £24900.

Pls I need your help. Thanks in advance.

[kolaxy]

Any help pls...

[kolaxy]

Vinny, Amber, others help please...

[physicskate]

Your post isn't very clear...

You aren't required to make £18,600 in six months. They double the info shown on pay slips and bank statements in those six months if you are in salaried employment.

[kolaxy]

[quote="physicskate"]Your post isn't very clear...

You aren't required to make £18,600 in six months. They double the info shown on pay slips and bank statements in those six months if you are in salaried employment.[/quote]

Thanks a lot physicskate for your prompt response. I think I get it now. As you said, they'll double the last six months salaries prior to FLR(M)application. Thanks for your help.