FLR for wife and registering as BC for new born

[T1ilr]

Hello again,
As in previous thread, I am due for ILR in end Nov/ beginning of Dec, 2013.

My wife joined me in UK on 15th June, 2012 and her visa valid till 26/01/2014 (same as mine).

I will be applying for ILR while my wife will apply for FLR and qualify for ILR in June, 2014.

We are expecting a baby in Oct 2013 ( 2 months before my ILR).

I am confused as to how this process will go.

A) can I include my wife's FLR along with my ILR PEO appointment?
B) do I have to include my UK born baby in either of our our application?
C) If answer to point A) above is no, then will my wife apply separately?
D) if answer to point B) above is no, then will my baby be registered as BC directly?

E) when is the earliest/ latest time within which the UK born baby get to apply for visa or BC?

Appreciate your help.

Many thanks.

[CR001]

Hello again,
As in previous thread, I am due for ILR in end Nov/ beginning of Dec, 2013.

My wife joined me in UK on 15th June, 2012 and her visa valid till 26/01/2014 (same as mine).

I will be applying for ILR while my wife will apply for FLR and qualify for ILR in June, 2014.

We are expecting a baby in Oct 2013 ( 2 months before my ILR).

I am confused as to how this process will go.

A) can I include my wife's FLR along with my ILR PEO appointment? No, she will need her own separate appointment. However, if your wife is PBS dependent since before 9 July 2012, then I am almost positive that she can extend her current visa until she completes two years and does not need to switch. She would need to switch if you are applying on 10 years long residence. Maybe guru can confirm.
B) do I have to include my UK born baby in either of our our application? No
C) If answer to point A) above is no, then will my wife apply separately? Yes, but on the same day with her own appointment
D) if answer to point B) above is no, then will my baby be registered as BC directly? Yes, you can register baby on form MN1 under BC section 1(3)

E) when is the earliest/ latest time within which the UK born baby get to apply for visa or BC? You can register baby once you have received your ILR and BRP card.

Appreciate your help.

Many thanks.

[T1ilr]

Many thanks CR001.

Gurus - any confirmation on point a & b pl?

[CR001]

Point B you do not have to include your baby as the baby will have an entitlement to register as BC under section 1(3). Baby will NOT be classed as overstayer etc.

On point A, read the link below 'Dependents of PBS

http://www.immigrationboards.com/viewtopic.php?t=114832

And the guidance here :

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

Hello,

I am due for ILR in Dec 2013 from Tier 1 G.

My wife is on tier 1 dependent on 2 year route due for ILR June, 2014.

Question 1:

I read in some other thread that someone's dependant was short of 3 months for ILR and yet applied and successfully secured ILR. Is this possible.

Question 2:

Do I have to extend as FLR (M) or extend as tier 1 dependent as by the time of her extension, I should hopefully be 'settled'. What are the pros and cons apart from the fact that FLR costs less.

Question 3:

I believe FLR applicant's partner (me) needs to prove income threshold. What docs do I have to show as proof and during which period should I have earned the income (£18600).

Looking forward for your reply.

Thanks

[T1ilr]

Sorry moderators for duplicating the post. I totally forgot I had one on this subject.

On an other note, if we decide to apply my wife's extension through FLR, will IELTS suffice as proof of English language.

She was taught degree in English. What proof is required apart from narcissistic comparison?

Sorry if my question is basic, I have difficulties concentrating.

Thanks

[vinny]

if we decide to apply my wife's extension through FLR, will IELTS suffice as proof of English language.

See also Akhtar v Entry Clearance Officer - Islamabad (CEFR; UKBA Guidance and IELTS) [2013] UKUT 306 (IAC) (05 July 2013).

284(ix).

[T1ilr]

Many thanks Vinny.

I checked PBS calculator and can see my wife's degree in the database. I hope this would suffice for English language requirement for FLR . Am I right?

Also an other question regarding income threshold. I understand from policy guidance for FLR that £18600 income does NOT apply for those who came as dependant before 9th July 2012 on 2 year route. This is not mentioned explicitly. Am I interpreting correctly.

Thanks in advance for your responses.

[geriatrix]

Seeing the qualification in PBS calculator is not enough! Does the calculator award 10 points for the qualification? If it does, then the qualification is enough to meet the requirement.

[T1ilr]

Hello Sushdmehta,

I just checked pbs calculator and it is awarding 10 marks for the degree entered.

That is a great respite and can't thank enough for the help.

[geriatrix]

What is your current immigration category?
Under which category will you be applying for settlement?

[T1ilr]

I am on tier 1 general due for ILR coming December .

My wife is on t1 G dependent due for extension in Jan.

Thanks

[T1ilr]

Hi Sushdmehta ,

Can I know how the category of my visa would make any difference?

Thanks

[geriatrix]

Read the immigration rules and you'll know why.

[T1ilr]

Thanks again for your response.