Please help-Insufficient funds for ILR Dependents

[Sha123]

Dear Experts;

I am looking forward to apply ILR 10 Year Visa end of September. I completely confused about the rules will applying to my dependents.

I am currently in Tier 4 student visa since 2012 and ending my MSc at University.

Dependent 1 : My wife in Tier 4 PBS/PSW dependent visa since April-2009 till today.
Dependent 2: Baby 1 Year and 6 months old, Born in UK but granted PBS dependent visa.

Our all of us visa s will expire on same time while I am reaching to 10 years!

I have noticed, there should be £22000+ to show if my dependents apply via FLR (M) with my ILR 10 year visa.

Seems to be I am in a trouble due to there is no enough household income to show my dependent! Because I am in Tire 4 student at University and doing 20 hours contract since 2012. I could show finance income from my back home as yearly household income. But this not enough time to arrange these documents due to requirement of 12 months history.

1. In this situation, do I have any option to extend her visa for my dependents at least temporary till I arrange our finance availability? I don’t want to send them back home till I grant my ILR.

2. If there is a way, please let me know Which Form I need to fill it and any requirements for it?

I hope you could understand my situation and please give me some suggestions for me.

Many thanks

[Wanderer]

If you are a student surely your dependents should be student dependents not PBS/PSW since you switched to tier 4?

[Sha123]

If you are a student surely your dependents should be student dependents not PBS/PSW since you switched to tier 4?

Hello Wanderer;

Thanks for your reply. It says "PBS Dependent Leave to Remain" n both BRP Cards. (I am Tire 4 general postgraduate student) please help me to sort out this matter....

[Amber]

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Your child is entitled to register as British once you have ILR, your spouse may consider applying for FLR(FP) asking for a decision to be made once your SET(LR) is decided if you do not meet the Financial Requirement.

[Sha123]

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Your child is entitled to register as British once you have ILR, your spouse may consider applying for FLR(FP) asking for a decision to be made once your SET(LR) is decided if you do not meet the Financial Requirement.

Many Thanks Amber;

According to your opinion; I will select with FLR (FP) to my wife and then do I need to apply to my baby as well or not. if not, then his current visa will expire and it will be overstay for him? bit confused about it. please explain it for me.. ( baby born was born in UK, 1 and half years old, he was granted recent pbs dependent of mine)

Many thanks

[Amber]

Child doesn't require leave.

[Sha123]

Child doesn't require leave.

Highly appreciate your advices Amber!

I have gone through FLR(FP) application to extend my wife visa and I have norticed the form again pointed out relates to the Appendix FM requirements;

"

2. QUALIFYING FOR AN EXTENSION OF STAY
To qualify for an extension of stay in the categories of the Immigration Rules for which you must use form FLR(FP), you must meet the requirements set out in the following parts of the Rules:
Appendix FM - Family life as a parent of a child in the UK - 5 year and 10 year routes to settlement; Family life as a partner - 10 year route to settlement
Part 7 - Private life - 10 year route
The full Immigration Rules are on our website."

Then do I need to show that financial income again to the dependent? Please check and let me know.

Many thanks

[Amber]

Adequate maintenance rather than a Financial Requirement.

[Sha123]

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Your child is entitled to register as British once you have ILR, your spouse may consider applying for FLR(FP) asking for a decision to be made once your SET(LR) is decided if you do not meet the Financial Requirement.

Many Thanks for your comments Amber;

I have checked ; "GUIDE MN1 Registration as a British citizen " for entitle to apply British citizen, but I have noticed the is

1 British citizenship otherwise than by descent

A child born in the UK to parents one or both of whom are

• British citizens, or
• are settled in the UK at the time the child is born,

My baby was born while I am on Tier 4 student visa, then I feel he is not entitled to apply British Citizen even I received ILR.

Please confirm this one for me please.

Many thanks




Many thanks

[Amber]

A child born in the UK is entitled to register as British once either parent has ILR under section 1(3) BNA 1981, the child in such case, will be British otherwise than by descent.

[Sha123]

Adequate maintenance rather than a Financial Requirement.

Hello Amber Many thanks for your comments;

Finally, I have some solutions to show financial requirements for my wife (£ 18,600) to the FLR (M) application. Below I stated what are the annual financial income of our; please check and let me know how far is it work out with my situation.
My Wife has a commercial property in our home country and it is renting since 2006 till today. One company had contract till 2012 and another state agency company started renting since 2012 up to today yearly basic.

We could provide:

1.Deeds of property that belongs to my wife

2.Valuation report of that property

3.Renting Contract Agreements of both companies with my wife showing it is actual assets generating income since 2006.

4.The current renting client is a well established company.

5.They have agreed to pay yearly the amount of rent (almost £ 14,000 per Year after convert to the British Pounds)

However, we have requested to pay the year rent by several installments since 2013 due to my wife was in maternity leave and also stopped working after the maternity. Even I am a full time Tire 4 student can work 20 hours per week (income £ 6,000 yearly). We need to bring money here.

In this situation, we could show that amount between Oct/2013- Sep/2014 as our annual income and also could provide official company letter showing the payments of those installments. There are seven installments during this period to cover £ 14,000 and also have proved of bank deposit receipts with my parents.

Also I could provide certified gross Annual Income Statement of that property during that period through an Accountant from home country.

Please let me know this scenario will be accepted as one of non-employee income of ours. And do I need any other documents for it.

Many Thanks

[Amber]

Do see Annex FM 1.7 and Appendix FM-SE to ensure the specified evidence and qualifying criteria is met.

[Sha123]

Do see Annex FM 1.7 and Appendix FM-SE to ensure the specified evidence and qualifying criteria is met.

Many Thanks and Anber and I have gone through it.

Please help me to calculate this amount for me.

My income via JOB at UK: Sep/2013 till Aug/2014- £ 6, 620 (Continuing in the job)

Non- employee income via Rent a property in home country: Sep/2013 till Aug/2014- £ 13574 (after convert to the pounds)

My wife has worked till February 2014 and stopped working after that month. However during past 12 months to the application: Sep/2013 till Aug/2014 - £ 3546 (her monthly salary income between Aug/2013 till Feb/2014, we have pay slips to prove).

Can I calculate all the 3 incomes as annual income of ours between Sep/2013 till Aug/2014 to meet the FLR (M) requirement?

Many Thanks

[Amber]

Income should be calculated over a 6 months or 12 month period, depending on the category you're using to fulfil the Financial Requirement.

[Sha123]

Income should be calculated over a 6 months or 12 month period, depending on the category you're using to fulfil the Financial Requirement.

Hi Amber; I think Category A should be ideal for me and please let me know how am I calculate this number.

My income via JOB at UK: Sep/2013 till Aug/2014- £ 6, 520 (Continuing in the job)

Non- employee income via Rent a property in home country: Sep/2013 till Aug/2014- £ 12,615(after convert to the pounds)
Aug/2014 : £ 2261
June/2014: £ 5272
May/2014: £ 482
March/2014: £ 512
Dec/2014 : £ 921
Oct/2013 : £ 3167

(This is commercial property agreement and client can pays by up to 6 installments of yearly rent according to the agreement policies)

My question is how am I calculate this rental income as my other income?

Many thanks and please help me Amber;

[Sha123]

hi experts:

Please tell me below stated academic qualification valid for my wife to prove English Knowledge?

To prove your knowledge of the English language: 2 YEARS Foundation Degree program in Management -Studied and Awarded by the University of Metropolitan, Leeds, UK.


Many thanks

[Amber]

For B1 it must be equivalent to a UK degree (Bachelors, maters or doctorate), so I'd assume it wouldn't.

For rental income see, 6.2.1 - https://www.gov.uk/government/uploads/s ... pdf#page38

[Sha123]

For B1 it must be equivalent to a UK degree (Bachelors, maters or doctorate), so I'd assume it wouldn't.

For rental income see, 6.2.1 - https://www.gov.uk/government/uploads/s ... pdf#page38

Thanks Amber; I think she has to do that CEFR A1 exam to prove her English Knowledge

(For herself She is a former business administrator at NHS for 2.5 years till Feb, 2014 and studied 2 years at Uni, Also had a 1 Year Management training Program in a leading company in USA as a internship after her complete studies UK ; I don't why UKBA not consider such a qualifications.)

Anyway, If it is must, then CEFR A1 exam takes at least 6 weeks after sit on September to get results.

As an alternative to the CEFR A1, Can she doing ILTES exam which is gives results in 14 days and what results she need to pass it? scores for Speaking/ Writing/ Listening/ Reading
please help for this quiz for me.

Many thanks

[Amber]

He requisite scores are in the document I linked.

[Sha123]

He requisite scores are in the document I linked.

Hi Amber;

Seems to be we don't have enough time to do that exam. Bcs we thought her qualification more than enough for it.

Anyway, can She apply without that English certificate for FLR (M) ? Any option for it?

Thanks

[Amber]

Must meet A1 English for FLR(M).

[Sha123]

Must meet A1 English for FLR(M).

Thanks Amber; we already applied for a current visa extension and plan to do vary in application to ILR. I think now it better to Waite till this visa extend and do exam then apply ILR.

Is it the best option do you think ?

Many thanks

[Amber]

ILR will require B1 English and LIUK.

[Sha123]

ILR will require B1 English and LIUK.

Thanks Amber; I'm more than qualified for English! I have done BSc (Hons) 2nd class and a MSc from one of two
top universites in UK.

Also did LIUK and got through before I sent visa extension.

Just English for my wife's application.


Thanks