Income threshold increase for uk born child FLR (M)

[saj626]

Dear forum Members.
I had applied SET LR and for my wife, i had applied FLR (M) on 3rd May.2016
My SET LR approved on 28 june 2016.i have one 15 months old daughter she didnt have any visa as she was born here in uk. I didnt apply for my daughter's visa with FLRM as dependent this is because once my ilr approved i will register my daughter as british useing MN1.We stated our intention to register my child as british once i get ILR in the cover letter for FLR M . On my wife FLR M application we are relying on income threshold of £18600. However i received letter from UKVI for my wife's FLR M to provide further documents.they said we noted you have a child who isn't British Citizen and does not any valid leave to remain at the time application. according FM appendix 1.7 you are require to meet financial requirement of £24400 as outlined in Appendix FM of the immigration rules.

Please guide me what is going to happen ? will they refuse FLR M? is there any appeal right after refusal?

please do share your experience and guidance.

Many thanks

[vinny]

Unfortunate.

[saj626]

Dear Gurus
Please please elaborate further what are my chances?

if they refuse, will they grant discretionary leave? any appeal right ?

i am worried please help

[Casa]

When does your wife's current visa expire?

[saj626]

When does your wife's current visa expire?

I had applied before her last visa expired now her visa is expired.

Thank you very much casa.
I will be waiting for your assistance

[CR001]

Have you applied for the child's MN1 yet?

[saj626]

Have you applied for the child's MN1 yet?

I have made appointment on 18th of June for NCS at one of the London borough. For MN1.

[Casa]

Do you mean this Monday, the 18th July?

[saj626]

Do you mean this Monday, the 18th July?

Yeah this Monday 18 of July. Not June.

[Casa]

I don't know whether CR001 will have another suggestion, but I would say respond to the HO request for more documents by providing evidence that you have submitted a MNI application to register your child as a BC.

[saj626]

I don't know whether CR001 will have another suggestion, but I would say respond to the HO request for more documents by providing evidence that you have submitted a MNI application to register your child as a BC.

Just wanted to ask you.

If they refuse will they give right of appeal if DL GRANTED how long she will have to wait ILR ?
6 or 10 years ?

[Casa]

I doubt that in the given circumstances they will refuse, but if they grant FLR(FP) as soon as your child is registered there would be no requirement to meet the £22.400 level of income and your wife could switch to FLR(M).

[saj626]

I doubt that in the given circumstances they will refuse, but if they grant FLR(FP) as soon as your child is registered there would be no requirement to meet the £22.400 level of income and your wife could switch to FLR(M).

Thank you for prompt response.
However if DL GRANTED she can switch to FLR (M) ?
AND how long she will have wait for ILR under DL ?

[CR001]

I don't know whether CR001 will have another suggestion, but I would say respond to the HO request for more documents by providing evidence that you have submitted a MNI application to register your child as a BC.

My question would have led to the statement that the child is not British, therefore the upper limit of the financial requirement can be imposed. OP should definitely submit evidence that the MN1 application has been submitted.

OP, does your wife work at all?

[saj626]

I don't know whether CR001 will have another suggestion, but I would say respond to the HO request for more documents by providing evidence that you have submitted a MNI application to register your child as a BC.

My question would have led to the statement that the child is not British, therefore the upper limit of the financial requirement can be imposed. OP should definitely submit evidence that the MN1 application has been submitted.

OP, does your wife work at all?

Me and my wife both work part time ATM.

[Richard W]

Unfortunate.

The definition of 'child' has changed slightly since 2014. It is now

In this paragraph “child” means a dependent child of the applicant who is-

(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance or is in the UK as a dependant of the applicant;
(c) not a British Citizen or settled in the UK; and
(d) not an EEA national with a right to remain in the UK under the Immigration (EEA) Regulations 2006.

If I understand the 2014 arguments correctly, one can argue that the child is present in the UK as the dependent of the father, or, possibly, as I would prefer to argue, is simply lawfully present (though 'in breach of the immigration laws', but not 'in breach of immigration law' as defined in the Immigration Rules) because no one with the authority to do so has chosen to take her out of the UK.

[vinny]

Thanks for the update.

[saj626]

I don't know whether CR001 will have another suggestion, but I would say respond to the HO request for more documents by providing evidence that you have submitted a MNI application to register your child as a BC.

Just wanted to ask you.

If they refuse will they give right of appeal if DL GRANTED how long she will have to wait ILR ?
6 or 10 years ?

Dear Guru Casa please reply.

[Casa]

I doubt that in the given circumstances they will refuse, but if they grant FLR(FP) as soon as your child is registered there would be no requirement to meet the £22.400 level of income and your wife could switch to FLR(M).

I've already replied to you question about DL. It would probably be FLR(FP) partner route. Although this is a 10 year route, I've explained that once your child is registered and you meet the £18,600 income level your wife could switch to FLR(M) which would be 5 years.
I've also suggested that you notify the HO as soon as you have submitted the MN1 application tomorrow at the NCS.

[saj626]

Dear guru casa. Thank you so much for reply I will send a letter to home office tomorrow. Thank you once again.

[saj626]

I doubt that in the given circumstances they will refuse, but if they grant FLR(FP) as soon as your child is registered there would be no requirement to meet the £22.400 level of income and your wife could switch to FLR(M).

Dear guru Casa and CR001 and all moderators.
I would like to thank all of you.
Today i received my wife's passport and BRP and they have approved FLR M.

Many Many thank you once again.

[vinny]

Good result.

[saj626]

Dear Gurus

just wanted to know for next FLR M extension do i have to maintain £18600 for hole 2 and half year or can it be just before six months of next extension FLR M?

i will be waiting to hear from you.

Many thanks

[vinny]

Subject to Appendix FM-SE.

[Casa]

For the next FLR(M) application you'll be required to submit the last 6 months of payslips and the corresponding bank statements showing £9,300 in earnings over that 6 month period.

Really please it worked out well for you.