ILR dependent status after Naturalisation

[vinodhk]

Hello Everyone,

Hope you guys can clarify on this matter. Just to give little bit of background on this context, I am in ILR from May 2012, my wife was with me in UK between Sep 2011 and Feb 2012 in Tier 1 dependent and went back to India for personal reasons and now I want to call my wife and my daughter (10 months old) in ILR dependent visas. The questions are:

1) How many years visa they will get when I process ILR dependent visas for them?
2) Once they got visas and joined me here, what will happen to their ILR dependent visa if I get my British passport in the next three months? Do I need to take any actions on changing their visa status or something?
3) When will they be eligible for applying for ILR visa? Can I take my wife's previous stay in UK between Sep 2011 and Feb 2012 into consideration?
4) Is there any benefit in waiting to get British passport and processing citizenship dependants for them?

Thanks in advance.

Cheers,
Vinodh.

[vinny]

See also ILR Dependent visa application for family.

If she applies for a settlement visa, then the new rules may be applicable and her qualifying period for ILR may be reset to 5 years.

Where was your child born?

[vinodhk]

Many thanks for your reponse Vinny.

My child was born in India.

After going through the link, it is clear that I have to apply for settlement visa for both. In that case, how many years of visa validity they will get?

What will happen to their visas when I go for Citizenship?

I was in the assumption that they will be eligible for ILR after 3 years of stay with me as dependants. Is that changed to 5 years now?

Thanks again.

Cheers,
Vinodh.

[vinny]

See also Questions from British expat on wife's ILR (hope on entry?)

No effect on their visas if you are granted British citizenship.

[vinodhk]

Really appreciate your quick responses Vinny.

So they will be given 2.5 years initially and after that have to go for an extension for another 2.5 years, then I can apply for ILR for them after 5 years. Is that right?

When I gone through the link another question raised:

What should be the maintenance fund in my bank account and from how many months?

It would be so grateful if you can point me to the direction where I can find the check-list for this.

Thanks,
Vinodh.

[vinny]

See also Financial requirement and related links on Right hand side of page.

[vinodhk]

Many thanks Vinny. I will go through them and come back if I need any clarification.

Thanks,
Vinodh.

[vinodhk]

Hello Vinny,

I am doing contracting from May 13 2013, previous to that I was in permanent job. What should I submit as employment proof when I process dependent visa for my wife and daughter?

Another question is, do I need to mention the details of my wife's previous visa and the reason for her return to India?

Thanks,
Vinodh.

[vinny]

See also Appendix FM-SE - Family members - specified evidence.

Yes. Do mention wife's past immigration history.

[vinodhk]

Thanks Vinny. I will check that.

Cheers,
Vinodh.

[vinodhk]

Hello Vinny,

Thanks. I have gone through the above link. I think the section 9 will be applicable for me as I am director of the ltd company and I am getting salary from the company. My question is I have just started the limited company couple of months before so I don't have any annual accounts or anything like that. I can only provide the below in regards to financial requirement at the moment as a proof:
- payslips for two months
- letter from accountant that I am the director of the company and I own all shares and annual salary above the specified limit
- company registration certificate
- PAYE registration certificate
- last 2 months business bank statements
- last 6 months personal bank statements

Is the above will be suffice?

I could also provide payslips from my previous permanent position from Jan to May 2013. Will that be helpful?

Thanks,
Vinodh.

[vinodhk]

Hello Vinny,

I am bit confused by the below statement in ukba website (http://www.ukba.homeoffice.gov.uk/visas ... you-apply/).

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.
Instead, you must apply as a dependant under the relevant category of points-based system.


As my wife last stay in UK was Tier 1 Dependant, she has to apply as Tier1 Dependent again?

I was in the assumption that I can apply for Settlement visa from India. Please clarify at your earliest. Many thanks.

Thanks,
Vinodh.

[vinodhk]

Hello Vinny,

I have just gone through this policy document for PBS dependant.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

They mentioned this sentence.

• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain;

Is that mean, I can apply for PBS dependent and not on settlement?

Thanks,
Vinodh.

[vinny]

No, as they are applying for entry clearances (leave to enter), not leave to remain.

If your wife still had valid (unexpired) leave as a PBS Dependant, then she could have returned to the UK on that.

[vinodhk]

Thanks for the response Vinny. As you said the statement didn't mention leave to enter (Entry Clearance) wordings. But who will fall under this category, can you please explain the sample situation?

Another question, can you please confirm if my daughter also falls under the settlement category http://www.ukba.homeoffice.gov.uk/visas ... ying-visa/ ?
As my daughter is born in India (July 2012) after I got my ILR (May 2012) here, does she eligible for British citizenship? Is there any different category for that?

Many Thanks,
Vinodh.

[vinny]

It's for PBS dependants extending in the UK, as explained here.

Unfortunately, as your daughter was born outside the UK when you had only ILR, her future British citizenship application is subject to discretion.

She may apply for a child settlement visa, subject to the requirements.

[vinodhk]

Many thanks for your quick response Vinny. I really appreciate that.

I understand that my wife will be given 2.5 years in settlement visa and has to for another extension of 2.5 years before she can apply for ILR. Do I need to apply in FLR(M) category for her extension once she is in UK?

For my child once I apply settlement visa and she is here in UK, when will she eligible for British nationality?

I am planning to ask my family to apply in Chennai for settlement visa next week. Some of my friends told if you apply in Bangalore, the settlement visa will be processed faster. Is that true?

The service standard for processing time is mentioned 12 weeks in ukba website. This is the minimum period I need to wait or is there any chances to get the visa less than that?

Thanks,
Vinodh.

[vinny]

Yes. Your wife will need to apply for another FLR(M) in the UK before her leave runs out. I think that your daughter may be given leave that is in line with your wife's.

I don't know about the processing times.

Do click on the given links for more information.

[vinodhk]

Thanks Vinny. I will be applying for British citizenship once my family joins me here probably around September or October 2013. So can I apply for British citizenship for my child as well at that point of time?

I will check on the processing times.

Thanks,
Vinodh.

[vinodhk]

Hello Vinny,

Could you please clarify if I need to create two different online applications for my wife and daughter?

Thanks,
Vinodh.

[vinodhk]

Hello Vinny,

Could you please clarify on the below?

I had a look at the vaf4a2 and section-FM-1.7 documents to fill financial requirements. I am not sure if I need to put myself in Part3A or Part3C (page no 5 and 6) of vafa2 form. In section-FM-1.7.pdf document (page no 41) they asked to put it in Part3C (category F or G) but I have just started my contract job couple of months and previously I was in permanent, so I don't have all the documents as requested in Part3C (category F or G). Can you please clarify here?

And my wife stayed with me in UK between 3/9/2011 and 8/2/2012. Do I still need to provide proof for we are being in contact like skype call logs, phone call logs, etc?

Thanks,
Vinodh.

[vinodhk]

Can someone please help here as I am delaying the application for long time alrready? As I have started the contract recently (2 months before), I have to submit my previous permanent earnings for 10 months. But I couldn't find the section to fill my previous permanent job details in Part 3C of vaf4a2 form. Can someone please help?

Thanks,
Vinodh.

[vinodhk]

Hi,

Just to add more details to my previous query. My employment details in the last twelve months:
July 2012 - 12 May 2013 => Permanent
13 May 2013 - June 2013 => Contract (Director of the limited company in UK)

According to Financial Requirement document (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary) Section 9 Page no 41, I fall under Part 3C and Category F of vaf4a2 (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a2.pdf) and I can combine previous salaried employment earnings which falls in Part 3A and Catagory B. So I filled both sections with the required details and added the below Note Part 5 of the application.

Kindly note that my sponsor is earning as the director of his limited company since last two months, so he is meeting the financial requirment combining Part 3A Catogory B (previous salaried employment) and Part 3C Catogory F (current self-employment with the annual income of £30,000). Please refer both sections accordingly. Also please find below the documents provided as proof of specified evidence of the current self-employment:
- Limited company Registration Certificate at Companies House
- Business bank account statements for the last two months
- PAYE Registration confirmation letter from HMRC
- Payslips for the last two months
- Personal bank account statements for the last twelve months

As my sponsor started earnings from the current employment just for the last two months kindly note that he is not able to provide the other specified evidence requested such as:
- Company Tax Return CT600
- Annual audited accounts
- Appointment Report from Companies House

Could you please check and confirm if this is ok?

[vinny]

Hello All,

I am in ILR (since May 2012) and want to get my wife and kid from India in ILR dependant visa. My financial history is:

July 2012 - 12 May 2013 => Permanent
13 May 2013 - Current => Contract (Director of the limited company in UK)

I am falling under Category F according to the section-FM-1.7 document and I have the below issues:

1) As I have started my contract recently I don't have all the documents as mentioned in paragraph 9(b)-(d) of http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/.

2)I have zero income from the current self-employment in the last full financial year for the question 3.58 (i) of http://www.ukba.homeoffice.gov.uk/sitec ... vaf4a2.pdf.

3) In section-FM-1.7.pdf page no 41 point 9.3.5 they did mention that I can combine the income from salaried to meet the financial requirement but there is no place for me to fill my previous permanent employment under Category F and there is no link to Category A or Category B to fill the same.

When I approached the solicitor to clarify the above he suggested the below options:
Option 1:
Appoint someone else as the director and become an employee of the limited company, run the payroll as required and get the employment letter from the director stating the annual income.
Get the letter from the recruitment agency to prove that the company is trading
Option 2:
Change your contract to the agency and ask them to run the payroll for you and get the employment letter from them

In doing anyone of the above I can go under Category B which is salaried employment for less than 6 months with the current employer and provide the evidence accordingly.

The questions are:
1) In both options, can I avoid the salary for the last two months which I got as the directory of the limited company?
2) If I have to provide the details for the last two months, do I still need to provide all the documents requested as per 9(b)-(d) of fmse?
3) Is anyone tried any of the options above and which one is better?

Could anyone please help on this at your earliest as I am going through this for long time and I am missing my family already and want to apply as soon as possible once I am confident with the application details?

Thanks,
Vinodh.

Do you have savings?

Hi,

Not really. I have saving account in which I am having about 2500 for about 2 months. Please advise.

Thanks,
Vinodh.

Hi,

I think we can't combine savings with self-employment or part 2 of Category B (please refer page 36 point 7.1.3 of section-FM-1.7.pdf) where I am looking to fit in. Please advice.

Thanks,
Vinodh.

[Amber]

2500 is immaterial for savings, only savings in excess of £16000 count. You need to supply the required specified evidence for whatever category you choose, otherwise you'll face rejection.