Maintenance fund issues

[vinny]

Yes.

Interpretation

“Skilled Worker” means a person who has, or had, permission under Appendix Skilled Worker, or as a Tier 2 (General) migrant under the rules in force before 1 December 2020.

Relationship requirement for a dependent partner of a Skilled Worker

SW 29.1. The applicant must be the partner of a person (P) where one of the following applies:
(a) P has permission on the Skilled Worker route; or
(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Skilled Worker route; or
(c) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s partner at that time.

[Kxt]

Thanks much vinny! So this means if i have £250 for 28 days then i could apply him as dependent? But if not then i need to have the FLR(m) route that would reset him to 0 yrs for ilr? Thanks

[vinny]

£285, if the applicant has been in the UK for less than 12 months, assuming no dependant child.

Else,

SW 33.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

So, how long has he been living in the UK with permission to stay?

[Kxt]

He has been here for 1 yr and 4 mos under tier 2 pbs dependant visa. I got him when i was Still under Tier 2 general visa and now i am ILR. I am confised coz one of the forms there under tier 2 pbs dependant extension asks for £630 90 days requirement maintenance fund...

[vinny]

The rules have recently changed, at 9am on 1 December 2020. I think

SW 33.1.

If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

applies.

[Kxt]

Thanks Vinny! Thanks everyone for your help. I am finishing FLR(M) application for him. What do you suggest? Should i go back to tier 2 dependent application then for him? I am so anxious. Thanks for all your answers

[vinny]

If he wants to preserve the 5-year qualifying period for ILR, then I think it’s better to apply for leave as a skilled worker partner. They should grant leave for a further 3 years under

Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker

SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
(b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.

[Kxt]

But vinny that is applicable eben if i am no longer on skilled worker visa right? I am now on ILR is that okay?

[vinny]

Yes. SW 29.1.(c) and subject to meeting the requirements of SW 35.1., etc., and SW 36.1.(b), make it possible.

[vinny]

Principles preserved.

[Kxt]

Thank you all so much for your help!!! I am now reading the guidelines and will update soon. You guys are amazing and been so helpful.

[Kxt]

Yes. SW 29.1.(c) and subject to meeting the requirements of SW 35.1., etc., and SW 36.1.(b), make it possible.

Thank you so much! I’ve read and check the requirements for this new guidelines dated Dec 2020 and I am so thankful for you letting me know about it! It was such a relief!

I will send the application and will update thanks much

[Kxt]

Hello guys! I am on the process of application for skilled worker dependant for my husband but on the health surcharge part there is a question that I am so confused.

It asks this for my dependent:
Work start date and work end date? If you are applying as someone’s dependant pls enter their work dates.

Do i need to write his visa’s effective date and expiry date? His visa was granted July 2020 and Expiring January 2021.

It also asks for my visa’s expiry date and I am currently in ILr it will expire on March 2024.

Please i need your help on this. Thanks a lot

[vinny]

SW 36.1.(b)

[Kxt]

SW 36.1.(b)

Thanks Vinny!

I am still confused about the date to enter on the question asking about the work start and work end date...should it be the date when I got my tier 2 visa until it expired?

[Kxt]

Hi! I think i know what to put on the work start date and end date.. i think it shoul be from my previous COS when I was in tier 2... do u think it’s roght?

[Kxt]

Under the new rules, it seems that dependants may require zero or reduced maintenance funds for a shorter period of 28 days. If satisfied, then there may be no need to switch to FLR(M); thereby preserving the dependant’s qualifying period for ILR, subject to the continuous residence requirements, etc.

Thanks you so much for all your help! I pursued his application lat Dec 25 2020 and he had his appointment last Feb 22 2021 and thank God and thanks for all your advise, his visa was approved today. I really appreciate all your help and this website! Very helpful!

[Kxt]

Under the new rules, it seems that dependants may require zero or reduced maintenance funds for a shorter period of 28 days. If satisfied, then there may be no need to switch to FLR(M); thereby preserving the dependant’s qualifying period for ILR, subject to the continuous residence requirements, etc.

Vinny you have been really helpful and the rest of you guys who helped me on this! I did the Skilled worker gisa dependent route for him and since he has been here more that 1 year he did not need any maintenance funds based on latest guidelines so his visa was approved today. Thanks a lot!

[vinny]

Congratulations!