ILR long residency applicant's wife

[master_student]

Hello respected members,

I have applied for 10 year based ILR back in June, I still didn't get any reply from UKBA. However my wife and son's visas will expire the end of this month (November). They both have dependent visa.

As I was student and I just finished my degree, I don't work yet so my status is not clear yet.
I'm just wondering what should I do now? I have no clue what to do to extend my wife and son visas?

I would appreciate if you can provide me with any guidance or advices, it will be much appreciated.

Thank you for your help in advance.

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.

[master_student]

Thank you vinny for your prompt reply.
I'm not sure how to apply for FLR for my spouse and son while I still didn't have my ILR.

Also I don't meet the financial requirements as I don't work yet, just finished my studies.

See also Dependant of ILR (long residence) applicant on PBS leave.

[Amber]

When did your spouse get dep leave?

[master_student]

Amber,
both my wife and son got it from July 2012 - November 2013

When did your spouse get dep leave?

[Amber]

When was it granted in July, was this the first time? When did they enter the UK?

[master_student]

Amber,
sorry actually not in July was in May, I'm attaching her visa timeline:

My wife's first entry clearance was Dependent -Tier 4 (General) issued 18.09.2009 expired on 30.04.2010
The second one was: Tier 1 (dependent PSW) issued 21 April 2010 expired 21 April 2012
The third is an other entry clearance: D- Tier 4 general 31 Mai 2012 will expire 30.11.2013

sorry for the confusion

When was it granted in July, was this the first time? When did they enter the UK?

[Amber]

She should apply for FLR(M) before her current leave expires asking for a decision to be made after your SET(LR) decision. There is an A1 English requirement for FLR(M). Once she is granted FLR(M) she should be able to settle on SET(M) by virtue of rule 287(a)(i)(d), for settlement the English requirement is B1 in addition to LIUK. Where was your son born?

[master_student]

Amber,
Thank you for your prompt reply.

My son was born in the UK
My wife earned a master degree from a UK university, while she was here. will this help.

Also, I don't work now as I just finished my degree so I don't fulfill the financial requirement. Does this mean she still can apply without the financial requirements

She should apply for FLR(M) before her current leave expires asking for a decision to be made after your SET(LR) decision. There is an A1 English requirement for FLR(M). Once she is granted FLR(M) she should be able to settle on SET(M) by virtue of rule 287(a)(i)(d), for settlement the English requirement is B1 in addition to LIUK. Where was your son born?

[vinny]

The third is an other entry clearance: D- Tier 4 general 31 Mai 2012 will expire 30.11.2013

Was she a Tier 4 or a Tier 4 dependent?

[master_student]

was Tier 4 dependent, all her visa are dependent to mine

The third is an other entry clearance: D- Tier 4 general 31 Mai 2012 will expire 30.11.2013

Was she a Tier 4 or a Tier 4 dependent?

[Amber]

The child will not need further leave unless you wish to travel, instead, the child is entitled to register as British (s 1(3)) when you are granted ILR.

There is no financial requirement per se, rather adequate maintenance and accommodation, does your spouse work or do you have savings?

Her UK Masters degree will suffice both the A1 and B1 requirement. She will however, still need LIUK for settlement.

[master_student]

Thank you Amber for your help I highly appreciate it.
This is our situation, our parents were funding us for our studies and living expenses. we receive money form them on regular basis, but just enough to pay our rent and living expenses, not to save though.
We are renting a flat for couple of years.
both myself and wife were studying full time and none of us was working as we were supported by family. on our free time we take care of our son who, has some problems and requires special cares.

with regards to my son, as he left the UK last year, he needed a visa to came back, and now his visa will also expire the end of this month.

Thank you again for your help it means a lot for me

The child will not need further leave unless you wish to travel, instead, the child is entitled to register as British (s 1(3)) when you are granted ILR.

There is no financial requirement per se, rather adequate maintenance and accommodation, does your spouse work or do you have savings?

Her UK Masters degree will suffice both the A1 and B1 requirement. She will however, still need LIUK for settlement.

[Amber]

Your son will not require further leave unless you want to travel soon. Regarding adequate maintenance, third party support is
not precluded from consideration under the maintenance requirements relating to spouses (5.1).

The caseworker will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he/ she can be adequately maintained in the UK without recourse to public funds. The caseworker may request evidence (e.g. original bank statements over at least three months) of the third party‟s assets.

Therefore, if by 3rd party support, you have around £178 per week left over after deducting rent that should suffice. What Country/Countries are you are your spouse native?