ILR after 6yrs of discretionary leave plus family

[amehmood04916]

Hy all. My friend has discretionary leave (3+3). His family( wife + 3yrs old son) granted visa after a long battle with home office and they join him in december 2015. His wife was pregnant when she came here so gave birth to a daughter in the UK. He applied for ILR on 02.02.2015 after 6 years of his leave. He included his son on same Set(o) application form.
a: could he include his son in the same application form?
b: wife visa expiring in March.2016 what would happen then ? FLR( M ) ?
c: After getting ILR can he apply for daughter's citizenship?
d: Does he need to meet financial requirement after he get ILR and apply for wife leave to remain?
Your answer would appreciated. many thanks

[CR001]

a. Not sure, child might have to stay on the same route to ILR as mother.

b. What is her visa? Do they meet the financial requirements of £24,800pa to apply for FLR(M) and does the wife meet the English A1 language requirement?

c. If the daughter is UK born, then yes. Apply on MN1 under section 1(3) of the nationality act. This is an entitlement to register.

d. See answer in b above.

[amehmood04916]

Hy and Thanks for your reply. He applied for his wife before July.2012 and after refusal and appeals she eventually got Limited leave to enter expiring 25.Mar.2016 so he din't have to meet financial requirements but her wife did an English language test but wasn't an A1. She just done B1 here yesterday just in case if they need it in further application. Thanks

[CR001]

B1 English is fine as long as she did the test at one of the approved test providers and one of the approved tests.

Does your 'friend' meet the financial requirement for FLR(M)?

[amehmood04916]

Thanks for your reply. Now that he has applied for ILR on 02.02.2016 with his son ( didn't receive any acknowledgement yet nor fee deducted) once he gets ILR does he needs to meet financial requirement considering the original spouse limited leave to enter was issue on old rules ? He is a taxi driver and can't meet current level of income. in last four years the poor lard spent every last penny he had on legal fees and still he needs loads to get all sorted. I really appreciate this forum as it helps people like him God Bless you. Thanks

[amehmood04916]

Sorry forgot to ask if he had wrongly included his son on the Set (O) application form would that be a reason for refusal for the both and all fee lost? Thanks

[CR001]

If son doesn't qualify, son will be refused and fee for son will be lost.

[amehmood04916]

A: Does he needs to meet the financial requirement for wife's FLR after getting his ILR considering her limited leave to enter was decided on old rules ?
b: Her leave is expiring by the end of Mar.2016 and he applied for his ILR on 02.02.2016 by post which may not get decided before that, does he need to apply for her extension ?

Thanks

[CR001]

A. Not sure. What is the duration (months) of her visa? 27 months or 30 months?

B. Why didn't he apply for ILR in person for a same day decision?

His wife must be on discretionary leave to remain. Impossible that it is a 'spouse visa' as he was not settled (ILR) at the time of her application so the pre July 2012 rules are not relevant.

What form did the wife submit for her visa?

[amehmood04916]

The wife and son's visa ( from Pakistan) was only for 6 month from oct.2015 to mar.2016. He can't recall what form was used every thing was done by his representative. He applied for her while on discretionary leave before July 2012 and she got refused and after long process of appeals they got this short leave to enter.

He didn't apply in person because he was told( by solicitor ) that his case was not straight forward.

Please help if you could. thanks

[CR001]

Unlikely the spouse is on a 'spouse visa'. Suggest your friend try and find out or ask him to register on the website and post the details himself. It is very difficult to give advice via a third person.