Visa for family members of a settled person

[nirmayvathsa]

Hello,

I have an unique situation. I am going to complete 5 years by this month end (July 2017) on Tier 2 general visa and planning to apply for ILR (indefinite leave to remain) in the month of August. I passed Life in the UK test and also completed IELTS life skills test. I am hoping that my application will be successful without any trouble.

However, my wife and son are now on dependent's visa (Tier2 general dependents) but they are not eligible for applying ILR alongwith me as they are not in the UK for 5 years like me, as my son is studying in America and my wife stays for a few months in a year in our home country, India due to family reasons.

My question is, are they eligible to apply at the same time as I apply for dependent visa as a partner/wife and son of person applying for settled status. or Do they need to wait till I get my status confirmed as a settled person and then apply for a dependent visa?

I am having a frustating time with UKBA helpline as there is no one to answer my query on phone and I waited for hours listening to their music as I was kept on hold.

If they can not apply at the same time as I apply , what visa do they need to apply and what is the form required for applying as a dependent of a settled person?

Urgent help needed.

Thank you.
Srini

[CR001]

They can continue to extend their current PBS Dependent visas, no need to switch to spouse settlement visa.

How old is your son?

Does he have any residence in the UK?

[nirmayvathsa]

Thank you. Does that mean they do not need to apply for any visa at all and stay on the same PBS dependent visa and use same BRP CARD when they arrive into UK from abroad?

My son is now 18 and studying in USA in undergraduate course in an university. He was 13 when he got his dependent visa for the first time.

Please confirm. Thank you.

Regards
Srini

[nirmayvathsa]

My son was with us in the same residence till last year when he joined in university in USA

[CR001]

hank you. Does that mean they do not need to apply for any visa at all and stay on the same PBS dependent visa and use same BRP CARD when they arrive into UK from abroad?

Yes

My son is now 18 and studying in USA in undergraduate course in an university. He was 13 when he got his dependent visa for the first time.

As he is over 18, he will likely need to prove his residence and dependence on his parents. He should not be living an independent life as a PBS Dependent to qualify for ILR.

[nirmayvathsa]

Thank you very much. As he is a full student and depends on me for university fees and sustenance, he is still my dependent. I guess that should be enough for him to prove as dependent.

My worry was, he will be going back to his university in September and I want to complete any visa application process for him if needed so that he can come to UK for next term holidays. So, he can go back to usa for his studies in September on same BRP CARD.

Thanks once again.

Srini

[CR001]

When do the dependent visa expire and when do they qualify for ILR?

[nirmayvathsa]

Th e dependents visa expires in April 2018. They will not qualify anytime sooner as my wife needs to spend a few months in a year abroad and my son as he is studying in usa, he stays there for 9 months in a year for next three years.

[CR001]

There is no absence limit for PBS dependents. If they have 5 years residence, they can apply for ILR.

Your problem with your son is that he is over 18, has to apply on his own Set(O) form for ILR and provide documents of his residence and dependence.

[nirmayvathsa]

OK. But, one another query. In the last 5 years of my stay, my son and wife were here with me in the UK for about 2 and half years ( my wife due to family reasons and my son due to studies initially in India then in usa). So, I was under the impression that, even though they hold PBS dependent visas for 5 years similar to me, since they not lived for the duration of 5 years , I thought they can not apply for settled status till they complete 5 years of continuous stay on the UK. Is it not?

[CR001]

Technically yes, but there is no absence limit for PBS Dependent. You would have to prove subsisting marriage and son's dependency but extra evidence is required once a child turns 18 and they must apply on their own form.

If your son does not get ILR or is refused, he won't be able to settled and will have to find a visa he qualifies for in his own right to return and live in the UK.

Can you list their absences each per 12 month cycle since they came to the UK?

[nirmayvathsa]

My wife has residence proof in the form of GP surgery registration,bank account and driver licence showing same address as mine. And voters registration.

My son is also registered with the same GP as my wife and I with same residence address. I have evidence of funds / money going to into his student bank account to pay for his college fees to show that he is my dependent for living and studies.

They lived 2-3 months in a year and I have noted dates and duration of their stays in the UK.