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iffat-uk wrote:Hi all great representatives and knowledgeable participants of this forum,
I am new to this forum and I am going to complete my 10 years lawful residence in UK as a student from
26-12-2004 to 25-12-2014. My current leave to remain as a Tier 4 General Student was issued on 19-02-2013 which is valid until 29-01-2015. Similarly my dependents - British-born son and my husband - possess a valid leave to remain until 29-01-2015.
My husband has been uninterruptedly living with me since Jan 2006 (more than 8 years but less than 10 years) and, as a consequence, does not qualified under this category. My school going son was born in 2010.
In the light of new immigration rules I'll be grateful if you could really answer my questions that are as follows:
1. Do I have to obtain my ILR first using Form SET (LR) and then submit my dependants' applications after receiving reference number of my application OR send all the applications together;
ILR applications mostly take 3 to 5 months on processing so its better to apply togather Set LR for you and FLR M for your spouse.
you can request UKBA to hold your spouse application until your Set LR decided.
2. Will my husband (entered in the UK on Jan 2006 as student dependant but got last leave as PBS Dependant on 19-02-2013) has to apply as dependant of a person present and settled in UK using Form FLR(M) or FLR(FP) then do we have to show annual income threshold of £18600 If so, do we have to show availability of any maintenance funds and how much?
yes you need to show evidence for annual income of 18600
3. Shall I skip my son’s application for the time being even he has got the leave until 29-0-2015 and wait till I get my ILR and then register him as a British Citizen? Is he not to be considered as overstayed or illegal?
Yes you can skip your kid application and apply naturalisation registartion on MN1 later once you get your ILR.
Your guidance in the matter shall be highly appreciated. Any other information which could be helpful to me would also be welcomed.
Thanks and regards
Iffat
iffat-uk wrote:Thanks Malik
I do really appreciate for you reply but
So far I've Tier 4 student visa till Jan 2015 and I'm going to apply on 10 yrs basis how can i show income threshold of £18600. Is it possible that my husband could apply using form FLR(FP) 10 yr family life. Your advice will be really appreciated.
yes but its not 100 % that he will get the visa.iffat-uk wrote:Thanks Malik
I do really appreciate for you reply but
So far I've Tier 4 student visa till Jan 2015 and I'm going to apply on 10 yrs basis how can i show income threshold of £18600. Is it possible that my husband could apply using form FLR(FP) 10 yr family life. Your advice will be really appreciated.
Zee ali wrote:yes but its not 100 % that he will get the visa.iffat-uk wrote:Thanks Malik
I do really appreciate for you reply but
So far I've Tier 4 student visa till Jan 2015 and I'm going to apply on 10 yrs basis how can i show income threshold of £18600. Is it possible that my husband could apply using form FLR(FP) 10 yr family life. Your advice will be really appreciated.
U need legal representation for your husband flr fp application
I think your husband allowed to work full time. Is he not earning enough 18600
u both can combined your salaries to meet the 18600 income requirement
Thanks a lot for your reply. What if my husband doestrogen B1 ESOL level 3 that is higher than A1 and it can be used NOW and for the time of his ILR. Please suggest, thanksMalik44 wrote:As you said you were not allowed to work on Tier 4 full time then of course you could not make up £18600 in one year easily
so your husband can apply for FLR(FP), write a cover letter along with FLR(FP) application to explain them main applicant application is under process and you want to apply for FLR(FP) , if your case will be successful then they will grant him further leave to remain for probably 2 years but the time he spent under FLR(FP) visa will not count towards his time to qualify for ILR as dependent but hopefully counts towards long residency senior member may confirm this becacsue I am not sure on this.
but he have full right of work in FLR(FP).
read this policy guideline
https://www.gov.uk/government/uploads/s ... _08-14.pdf
and remember he need to provide A1 English test for FLR(FP) and you need LIUK and B1 Esol level 3 for you ILR.
Zee ali wrote:FLR FP visa is a type of discretionary visa. It's not absolute that u get it.
Flr m is another thing. u full fill the requirement and get the visa.
FLR FP u need to show that he establish a life here as u have not got ILR yet so u should request HO to put his application on hold.
It's their discretion to grant him or not.
This is the disadvantage When people work cash in hand. and can't full fill 18600 requirement. i believe Your husband is allowed to work full time as tier 4 dependent
Both of u need to show last 6 months wage slips and bank statements and u r with the current employer from 6 months or more. u need a letter from your employers as well.iffat-uk wrote:Zee ali wrote:FLR FP visa is a type of discretionary visa. It's not absolute that u get it.
Flr m is another thing. u full fill the requirement and get the visa.
FLR FP u need to show that he establish a life here as u have not got ILR yet so u should request HO to put his application on hold.
It's their discretion to grant him or not.
This is the disadvantage When people work cash in hand. and can't full fill 18600 requirement. i believe Your husband is allowed to work full time as tier 4 dependent
Thanks Zee for your suggestions. What if my husband does B1 ESOL level 3 from Trinity that is higher than A1, Can it be used NOW and for the time of his ILR. Please suggest, thanks.
Yes my husband is doing a cashier job with british petroleum and I also do couple of days as well. Our wage slips come through after paying tax and NI. We don't do any kind of cash in hand job. For what period we need to show the wage slips? If our gross income combines £1550 per month is that OK. In case if it is less than £1550 and we are having a saving of about £3000 to £4000 last 4 to 5 months will it be acceptable to make it £18600 requirement. Please reply ASAP as we are going to apply end of this month.thanks for your time and cooperation.
regards
Iffat
Zee ali wrote:Both of u need to show last 6 months wage slips and bank statements and u r with the current employer from 6 months or more. u need a letter from your employers as well.iffat-uk wrote:Zee ali wrote:FLR FP visa is a type of discretionary visa. It's not absolute that u get it.
Flr m is another thing. u full fill the requirement and get the visa.
FLR FP u need to show that he establish a life here as u have not got ILR yet so u should request HO to put his application on hold.
It's their discretion to grant him or not.
This is the disadvantage When people work cash in hand. and can't full fill 18600 requirement. i believe Your husband is allowed to work full time as tier 4 dependent
Thanks Zee for your suggestions. What if my husband does B1 ESOL level 3 from Trinity that is higher than A1, Can it be used NOW and for the time of his ILR. Please suggest, thank
Thanks a lot for everyone whoever replied to my queries but I've spoken to couple of Lawyers everyone gives his own opinion and It is becoming more confusing.
I will be grateful if VINNY and AMBER could read through my very first query and could guide me ASAP because I'm running out of time. please
Yes my husband is doing a cashier job with british petroleum and I also do couple of days as well. Our wage slips come through after paying tax and NI. We don't do any kind of cash in hand job. For what period we need to show the wage slips? If our gross income combines £1550 per month is that OK. In case if it is less than £1550 and we are having a saving of about £3000 to £4000 last 4 to 5 months will it be acceptable to make it £18600 requirement. Please reply ASAP as we are going to apply end of this month.thanks for your time and cooperation.
regards
Iffat
if let say your husband earn gross 1000 per month and u earn 550 per month. Altogether it would be 1550.
1550*6= 9300.
Now See How HO gone calculate it.
9300/6= 1550
1550*12= 18600.
Congratulations u r full filling financial requirement.
Both of u should use Cat A Non salaried.
see example
The applicant’s partner is in non-salaried employment in the UK. He works on a weekly rota basis and does not receive any paid holidays. He has earned £450 each week in the same job for the last 7 calendar months, except for the week prior to the date of application when he earned £150 owing to a holiday. Non-salaried income = (gross earnings from employment held throughout the 6 month period, divided by 6) x 12 = ((25 weeks x 450 + 1 week x 150) ÷ 6) x 12 = (11,400 ÷ 6) x 12 = £22,800 So the financial requirement is met through Category A non-salaried employment.
Saving will be count from above 16000 pound. Should be held in personal account for 6 months
See Example
In an application for leave to remain the applicant’s partner is in employment at the date of application and has been working for the same employer for at least 6 months prior to the date of application. They earn a gross annual salary of £8,000 a year and have been earning the same salary for at least that 6-month period. They receive non-employment income from a rental property and in the 12 months prior to the date of application they received a gross rental income of £9,000; they continue to own the property. The applicant’s partner’s total income is therefore £17,000. The applicant’s partner also has cash savings of £25,000. She can meet the savings requirements of the rules, including having held those savings for at least 6 months prior to the date of application and the savings being under her control. The amount of savings that can be used towards the financial requirement is £3,600: (£25,000 – £16,000) ÷ 2.5 = £3,600. So, using a combination of Categories A, C and D, the applicant’s partner has £20,600 in income and savings (£17,000 income + £3,600 savings) which can be used to meet the financial requirement of £18,600.
If your husband apply flr m than he needs now. A1 or above is fine
iffat-uk wrote:Hi,
Amber and Vinny I'll be grateful if you could please guide me ASAP because I've met some lawyers and everyone has different opinion. Please help, thanks.
I am new to this forum and I am going to complete my 10 years lawful residence in UK as a student from
26-12-2004 to 25-12-2014. My current leave to remain as a Tier 4 General Student was issued on 19-02-2013 which is valid until 29-01-2015. Similarly my dependents - British-born son and my husband - possess a valid leave to remain as PBS Dependant until 29-01-2015.
My husband has been uninterruptedly living with me since Jan 2006 (more than 8 years but less than 10 years) and, as a consequence, does not qualified under this category. My school going son was born in 2010.
In the light of new immigration rules I'll be grateful if you could really answer my questions that are as follows:
1. Do I have to obtain my ILR first using Form SET (LR) and then submit my dependants' applications after receiving reference number of my application OR send all the applications together;
2. Will my husband (entered in the UK on Jan 2006 as student dependant but got last leave as PBS Dependant on 19-02-2013) has to apply as dependant of a person present and settled in UK using Form FLR(M) or FLR(FP) then do we have to show annual income threshold of £18600 If so, do we have to show availability of any maintenance funds and how much?
3. Shall I skip my son’s application for the time being even he has got the leave until 29-0-2015 and wait till I get my ILR and then register him as a British Citizen? Is he not to be considered as overstayed or illegal?
Your guidance in the matter shall be highly appreciated. Any other information which could be helpful to me would also be welcomed.
Thanks and regards
Iffat
Thanks a lot Komla. I've already sent my ILR 10yrs and this week going to send my husband's FLR_FP. Thanks again for your reply and showing the right direction.Komla Adobor wrote:I am in a similar situation (see my posts). No one replied me on this forum when i put it up. My ltr psw expire at the same time as my spouse. I have completed 10 years and put in ilr 10 yr route. I submitted flr m at the same time for my spouse who did not meet 10yr rule. I attached cover note that spouse flr m is being made at the same time as my ilr 10yrs. HO sent a reply last week and attached flr fp form for my spouse to fill and submit within 10 days. We were ok on the income threshhold as our combined p a is £30000. I was only asking the experts on this forum which category on the flr fp i should choose for my case.