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Visa category for dependants post ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
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svasu
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Posts: 53
Joined: Fri Jan 03, 2014 5:38 pm

Please advice on spouse and daughter's visa

Post by svasu » Tue Sep 26, 2017 10:05 pm

Hi All,
I seek your advice on my wife and daughter's visa.
Beginning of this year my wife switched from PBS Dependent to Tier 2 main. I am currently her dependent (was on Tier 2 main) and will be eligible to apply for ILR LR (10 year route) in August 2018.
Our daughter who is two years old was not born in the UK. She was in the UK for a few months as my PBS dependent when I was on Tier 2 main visa. Her visa has now expired and she he living in India.
We are now planning to get her to be with us and apply for PBS dependent visa with my wife (Tier 2 main visa holder) as her sponsor.
My questions are:
1. Will my daughter be eligible to apply for ILR when I am granted ILR in August 2018 ?
2. If the answer to the above question is NO, then when will she become eligible to apply for ILR ?
3. Once I am granted with ILR, can my wife switch visa to become my dependent ? When will she be eligible to apply for ILR ?
4. Would it easier and economical for my wife and daughter to become my dependents once i become British citizen ?
Will look forward to some guidance on our situation.
Regards,
svasu

vinny
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Re: Please advice on spouse and daughter's visa

Post by vinny » Wed Sep 27, 2017 1:37 am

1. No.
2. At same time as mother.
3. Yes. After 5 years on FLR(M).
4. No difference between settled and British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

svasu
Junior Member
Posts: 53
Joined: Fri Jan 03, 2014 5:38 pm

Re: Please advice on spouse and daughter's visa

Post by svasu » Wed Sep 27, 2017 10:22 pm

Thanks for your reply vinny.

In order to sponsor my wife and daughter's FLR(M) visa, I am aware that i got to have certain level of funds and according to the guidance notes its £22,400 in total.
Would like to know the following please:
1. should £22,400 be available as savings in the bank account?
2. If answer to the above is Yes, then for how long should the funds be in the account prior to submitting an application?
3. If answer to question 1 is NO, would submitting P60 and 6 months salary slips to show cumulative salary of more than £22,400 (for 6 months) or £44,800 per year suffice? Is this to demonstrate that the sponsor can take care of the family with the monthly salary without having to rely on public funds? or have i got this completely wrong...
It is by no means small amount and understanding the requirements early will help in saving money for the next hurdle.
Will look forward to some guidance :)

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CR001
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Re: Please advice on spouse and daughter's visa

Post by CR001 » Thu Sep 28, 2017 9:56 am

1. should £22,400 be available as savings in the bank account?
No. It is your salary that must meet the requirement.
3. If answer to question 1 is NO, would submitting P60 and 6 months salary slips to show cumulative salary of more than £22,400 (for 6 months) or £44,800 per year suffice? Is this to demonstrate that the sponsor can take care of the family with the monthly salary without having to rely on public funds? or have i got this completely wrong...
You need to show a MINIMUM of £22,400 PER ANNUM earnings to meet the requirements for FLR(M). If you earn more than than the minimum, it is fine. It is mandatory to submit 6 months payslips and 6 months corresponding bank statements plus employer letter. And yes, to prove you can maintain your dependents without relying on benefits.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

svasu
Junior Member
Posts: 53
Joined: Fri Jan 03, 2014 5:38 pm

Re: Please advice on spouse and daughter's visa

Post by svasu » Fri Sep 29, 2017 12:29 am

Thanks for the information Char, its highly appreciated.

Good night.

svasu
Junior Member
Posts: 53
Joined: Fri Jan 03, 2014 5:38 pm

Visa category for dependants post ILR

Post by svasu » Thu Jul 26, 2018 6:17 pm

Hi All,

Would immensly appreciate your advice on the following as I found the information on gov.uk confusing.

I am currently on Tier 2 Dependant visa and will be applying for ILR(LR) in Sept this year. My wife is on Tier 2 General and daughter (2 years) on Tier 2 Dependant visa, same as me.

1. Following successful grant of ILR - under which visa category should my wife and daughter apply to become my dependants?
2. Post receiving BC (1 year after ILR) - Can my daughter apply for ILR or perhaps BC? I know my wife will have to wait for 5 years.
3. In order to save some hard earned money - is there any advantage if wife and daughter apply to switch to dependant visa after I get BC instead of switching soon after ILR?

Will look forward to your response and help in avoiding taking a step in the wrong direction.

Thanks.

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CR001
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Re: Visa category for dependants post ILR

Post by CR001 » Thu Jul 26, 2018 6:28 pm

1. Switch to FLR M and meet the financial and English requirement. Clock will be reset to zero and a new 5 year residence period of 2 x 2.5 year visas. Why not stay on tier 2 for them till they meet the ILR requirements?

2. Child will follow same path as your spouse. No special privileges or entitlement as she was not born in the UK.

3. No, its the same visa. Sooner they apply the sooner the 5 years towards ILR starts.

Topics Merged. The advice is the same as when you asked the exact question last year. Nothing has changed in the rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

svasu
Junior Member
Posts: 53
Joined: Fri Jan 03, 2014 5:38 pm

Re: Visa category for dependants post ILR

Post by svasu » Thu Jul 26, 2018 7:11 pm

Hi Char,

Thanks for your reply. deep down i was probably hoping things may have changed (in my favour) over the last 12 months, but looks like they haven't.
changing jobs is eaiser when you are not bound by sponsorship restrictions and hence we are curretly evaluating this option.
i guess nothing has changed on the £22400 (in total for two dependants) either?

Thanks.

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CR001
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Re: Visa category for dependants post ILR

Post by CR001 » Thu Jul 26, 2018 7:12 pm

No, nothing has changed and income requirement is still the same for a spouse plus child.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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