Settlement as spouse and kids(born in uk) from India

[Shreyasr4u]

I am a permanent resident residing and settled in UK (Status – Indefinite Leave to remain). My wife and kids (3 years & 8 years old) are in India for past 2 years and 3 months. My kids are born in UK. My wife is currently in the process of applying for entry clearance for leave to enter the UK as the non-EEA national partner and dependent children of a person who is present and settled in the UK.

I am working for an agency for past 3 years. I am paid on a weekly basis and my rate of pay varies depending on the work undertaken. I
received a pay rise from April 2013 and as per the new hourly rate my gross income is £32k per annum. But prior to April 2013 I was paid a low rate and I was out of work for 5 weeks (Aug/Sep 2012) in the past 12 months. Hence my gross income through non-salaried employment for past six months is £13.5k and for the past 12 months is £22k (variable hourly rate of pay with the same employer).

As per section-FM-1.7 the financial requirement to sponsor the partner and 2 children is £24,800.00 per annum.

Could you please clarify below?

1. Does the financial requirement applicable to us if we are applying for settlement for my sons even if they are born in UK?
2. Do we have to apply in 5.1 category A (or) 5.3 category B (as per section-FM-1.7)?
3. If applied in 5.1 category A – As proof of earnings is it sufficient if we provide previous six months’ payslips, bank statements and a letter from employer/agency?

With reference to application form APPENDIX 2 (VAF 4A NOVEMBER 2012)
FINANCIAL REQUIREMENT FORM:

• What does Part 3 (3.11) exactly mean? ‘’What is your sponsor’s annual income from this employment before tax?’’ – Does it mean the annual income based on the present hourly rate (or) the average hourly rate as per the previous six months gross income?
• What does question Part 3 (3.12) exactly mean? ‘’Has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for 6 months prior to the date of the application? (Category A)’’ – Does it mean for weekly paid workers the amount earned has to be the same for every week throughout the period for 26 weeks? (Or) is it sufficient if the gross earnings for the previous six months period exceed the level of the financial requirement to be met?

4. If applied in 5.3 category B – If I have been in employment with the same employer continuously for six months from the date of application with varied weekly gross income but exceed the level of financial requirement to be met - As proof of earnings is it sufficient if we provide previous six months’ payslips, bank statements and a letter from employer/agency?


Any inputs are much appreciated

[Amber]

I am a permanent resident residing and settled in UK (Status – Indefinite Leave to remain). My wife and kids (3 years & 8 years old) are in India for past 2 years and 3 months. My kids are born in UK. My wife is currently in the process of applying for entry clearance for leave to enter the UK as the non-EEA national partner and dependent children of a person who is present and settled in the UK.

I am working for an agency for past 3 years. I am paid on a weekly basis and my rate of pay varies depending on the work undertaken. I
received a pay rise from April 2013 and as per the new hourly rate my gross income is £32k per annum. But prior to April 2013 I was paid a low rate and I was out of work for 5 weeks (Aug/Sep 2012) in the past 12 months. Hence my gross income through non-salaried employment for past six months is £13.5k and for the past 12 months is £22k (variable hourly rate of pay with the same employer).

As per section-FM-1.7 the financial requirement to sponsor the partner and 2 children is £24,800.00 per annum.

Could you please clarify below?

1. Does the financial requirement applicable to us if we are applying for settlement for my sons even if they are born in UK?



2. Do we have to apply in 5.1 category A (or) 5.3 category B (as per section-FM-1.7)?
3. If applied in 5.1 category A – As proof of earnings is it sufficient if we provide previous six months’ payslips, bank statements and a letter from employer/agency?

With reference to application form APPENDIX 2 (VAF 4A NOVEMBER 2012)
FINANCIAL REQUIREMENT FORM:

• What does Part 3 (3.11) exactly mean? ‘’What is your sponsor’s annual income from this employment before tax?’’ – Does it mean the annual income based on the present hourly rate (or) the average hourly rate as per the previous six months gross income?
• What does question Part 3 (3.12) exactly mean? ‘’Has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for 6 months prior to the date of the application? (Category A)’’ – Does it mean for weekly paid workers the amount earned has to be the same for every week throughout the period for 26 weeks? (Or) is it sufficient if the gross earnings for the previous six months period exceed the level of the financial requirement to be met?

4. If applied in 5.3 category B – If I have been in employment with the same employer continuously for six months from the date of application with varied weekly gross income but exceed the level of financial requirement to be met - As proof of earnings is it sufficient if we provide previous six months’ payslips, bank statements and a letter from employer/agency?


Any inputs are much appreciated

1. As your sons were born in the UK and you are now settled they have entitlement to register as British Citizens under section 1(3) of the British Nationality Act. If you wish your children to be British (I assume) then you can register them abroad and thus they will be British and you will not need to meet an additional financial requirement for them.

2. You will be applying using Cat A as you have worked for the agency 6+ months. As you state you employment is non-salaried the calculation will be = Gross wage over the last 6 months / 6 x 12 = annual gross income, if this is greater than the threshold required then you satisfy the requirement.

3. The proof required/specified evidence is on Annex FM 1.7 - Financial requirement at page 26 and 27.

4. Please read above.

[Shreyasr4u]

Hello Mr Amber,

Many thanks for your input and apologies for my late response.

As per your point 1 below :

1. As your sons were born in the UK and you are now settled they have entitlement to register as British Citizens under section 1(3) of the British Nationality Act. If you wish your children to be British (I assume) then you can register them abroad and thus they will be British and you will not need to meet an additional financial requirement for them.

* How can i apply from India and what is the procedure ?
* What forms i need to fill in & what documents i need to provide?
* I have ILR and i am settled in UK. My sons have indian passports and the dependant visas on their passports expired. They were born in UK but they had been living in India for past 2 years and 5 months. My wife's visa expired as well ?

Please advise ?

Many thanks
Shreyas

[azmi007]

Shreyas,

You can fill in an MN1 http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf form for both of your kids and either post it with your ILR & Kids BCs or apply via council NCS. Applying via NCS is easy as they will check all your documents including BCs, MCs & ILR, then return them to you but this will have a small charge like £30 to £50 per applicant.

You will have to pay £1178 for both kids as at the current fee.

Once you recieve the registration, you can apply for british passport for your kids from India.

NOTE: MN1 form needs your wives consent signature so you will have to send over the form and get it signed from the mother.

Goodluck!

[azmi007]

Shreyas,

Forgot to mention, you can apply here in UK and you are not required to mention where the kids are.