Dependant visa extension for wife and child

[srinikvasan]

Hi Friends,

I'm quite new to the forum and have a query which I assume someone will be able to help clarify.

My wife and child (currently aged 11), joined me in the UK on August 2014. They applied for Family of Settled Person visa from India. Their visa is due for renewal in April 2017. I was holding ILR at the time of their visa application. I gained my ILR based on Work Permit & Tier 1 (General) visas held for 5 years. I got naturalised as British Citizen in December 2014. I also held ILR for 2 years before naturalisation.

Request clarification on below queries:

1) Can my wife & child apply on FLR(M) for the renewal or should they use PBS dependant visa category?
2) Can they switch to family of a settled person visa category?
3) If they apply on (or switch to) FLR (M) will their continuity of living in UK reset (does their qualifying period begins again)?

Please, help me to get a clarification with your knowledge.

Regards,

Srini K

[vinny]

They are already family members of a settled person since they applied for entry clearances after you had ILR.

They cannot apply as PBS dependants. They should extend on FLR(M) after spending 30 months in the UK and before their leave expires.

[srinikvasan]

Thanks for your reply Vinny. I thought the same but as per homeoffice website:

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa

The above confuses me. UKBA enquiries said they cannot confirm it as they "don't" have information related to which visa we need to apply

[CR001]

Thanks for your reply Vinny. I thought the same but as per homeoffice website:

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa

The above confuses me. UKBA enquiries said they cannot confirm it as they "don't" have information related to which visa we need to apply

This in ONLY applicable if your dependents were in the UK as Tier 1 General dependents. You have stated they joined in you on a settlement visa in 2014, so they can only apply for FLR(M) extension. PBS dependent route is not relevant to them.

[Casa]

They will each also have to pay the £500 NHS surcharge in addition to the visa fees.