ILR 10 years Application with family..

[shoji147]

hi guys

i have a question and would really appreciate it if someone can clarify it for me, thanks a million

I am currently on PSW till august 2014.
My wife and my eldest son who is 3 years old and was born here are dependant on my current visa till august2014 aswell.

My ILR on 10 years long residency is due since 15-09-2013 as I cane in the UK on 15-09-2003.

I am thinking of applying ILR of my own and when hopefully i get it

1.will my wife an son's current visa will become invalid as I will be on different status even though they will still have the dependant visa till august2014. or

2. do i need to apply for their visa at the same time as PBS dependant.

3. Also I have been told that I only have to apply for my wife's visa PBS, as my son who was born here will be eligible for an application for naturalisation as I will be on ILR.

I dont know what is the best course of action to do and I am confused.

Please if anyone can help me will be much appreciated.

I have a masters degree from ANGLIA Ruskin University so will i also need to sit an english exam again alongwith LIFE IN THE UK TEST.??

Thanks a million.

Sujji

[Amber]

Your spouse would need to switch to FLR(M) before her current leave expires. She would switch under Part 8 as she has been a PBS dep since before 9 July 2012, in such case, she would be able to settle under rule 287(a)(i)(d) on SET(M) as soon as FLR(M) was granted. I suggest you do all this ASAP as the rules are intended to change. The child would be entitled to register as British by virtue of section 1(3) BNA as soon as you are granted ILR and would not need any further leave.

[shoji147]

thanks very much Amber

rwally appreciate ur quick n detailed response
thanks will let u know what happens

thanks again
sujji

[shoji147]

only thing is my wife has got the visa from 15 august 2012 and not before 9 july 2012,
she has been in the uk before from 8 jul 2008 to 22 sep 2010
but had to go bk for some family reasons n she only came back in november 2012...

what are my options now mate.. thanks

Sujji

[Amber]

As I explained below, as she was granted PBS dep leave before July 2012, she is under the old rules for FLR(M). Please read carefully what I stated.

[shoji147]

sorry i didnt explain it better . She was in pakistan in july 2012 and had no visa as her old visa ( student dependant) expired while she wa in pakistan. So after i got my psw in aug2012 i applied for her dependNt visa from pakistan and she was issued a visa in september2012 for the length of my visa 15/08/2014. so she did not have any visa on the time you are mentioning.

Also i remember home office once sent my extension documents back to my old address due to incomplete form and i never found out until a month and a half later as i chased them up to ask why i did not recieve no acknowledgement and they already took the fees from my account. i had applied for that extension in time befor the leave expired but due to this fault by HO, there has been a gap between my visas even though i got the decision of that extension in my favor.

will this time count as a gap in lawful residence
or will I be ok. i m not sure of the dates but i know it was a month n a half until i chased them n got my documents back from them on the correct address..

sorry for a lengthy question )

[Amber]

In such case your spouse will be subject to a 5 year route to settlement with a Financial and English requirement for FLR(M).

Why was your application sent back?

[shoji147]

my application was sent back because i filled in the wrong form and they sent it to old address even though i mentioned the current address on application and as they took money for application i thought it was being considered but after i chased tem up i found out that my docs were sent to old address and being returned to them as no one accepted them on the old address and then they sent it back to the correct address..

Also what is the financial requirement for my spouse please.

thanks so much and do i need english language test even though i passed a b2 level for my masters degree and i am a holder of masters from a well recognised university?

thanks for your reply
Sujji

[Amber]

Your degree will suffice B1, the financial requirement is here (click).

[shoji147]

thanks for a quick reply amber
i have seen the requirement of 18600 for my wife an 2400 for each child .
that makes it to around 24800 income but i wanted to apply for my children after i got my ilr hopefully for the british citizenship as my youngest is 6 weeks old an eldest is 3 years both born here. but if i apply for my wife's visa on this basis alone will that work and apply for the kids later and if so should i apply with my ilr application or wait until i get the ilr as she has the visa till 15-08-2014.
i feel like i m in a mess here.

Can i apply for her alone with my application at the same time or do i apply after i get my ilr and do i need to apply for both kids aswell or i can take the citizenship route after i getmy ILR.

that is a lot of money and It is hard for me fo show that incone as I am only on 18,900 per annum currently.

thankyou. appreciate the patience of yours and help you r giving me amber thanks a lot.
sujji

[Amber]

There is no additional amount for British children. All you can do is, apply for your ILR and at the same time apply your wife's FLR(M) asking for a decision to be made when your decision is reached. Do not include the children in the FLR(M) merely state they will be registered as British by virtue of section 1(3) BNA. That way you should be just subject to the £18600 requirement. Register your children as British as soon as you are granted ILR.

[shoji147]

thankyou very much Amber for ur quick and detailed reply to my questions. cant thankyou guys enough for what you are doing for people like me .

God bless u..

thankyou and i hope I can succeed in what i am trying to achieve.
thanks again

Sujji

[shoji147]

hi amber

sorry back again

i just realized that my wife has not completed two years as my dependant yet since she got the visa back in sep 2012, she has only been here for nearly a year since last november. do i still apply flr(m) for her or she will be applying seperately for pbs dependant again after i got my ilr hopefully abd if so what is the maintenance requirement for that in case i need to do it.

thankyou
Suji

[Amber]

It'll still be FLR(M). The route to settlement will be 5, not 2 years.

[shoji147]

Thank you verymuch

[shoji147]

hi amber
just to confirm amber i have a spent conviction mototring offence
do i have to declare it still as it doesnt mention on set LR that i dont have to according to Rehabilitation act.
thanks
sujji

[Amber]

You should declare any conviction.

[shoji147]

so the rehabilitation act does not apply to this no more ??
On my license it used o say LC20 and IN10

are these the codes I have to mention ?

[Amber]

The 1974 Act does not apply to immigration or nationality applications.