Dependants - FLR M questions

splashing · Post by **splashing** » Mon Jan 07, 2013 12:08 pm

Hi all,

Please some one put me in the right direction.

am applying for my ILR 9tier 1 - ILR this month) and my hubby was granted dependent on my Tier i general in July 2011 and he came into the country in august 2011 and no absence since then.

He has not spent up to 2 years, hence the choice of form FLR (M).

Now in the form - financial requirement section, states that You need to meet the financial requirement if you made your first application to enter or remain here as a partner after 9th July 2012.

Ques - will my husband have to meet the financial requirement ? as he is applying to remain in the UK now as a dependant of me .

Please help out

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 1:18 pm

When does his current visa expire?

splashing · Post by **splashing** » Mon Jan 07, 2013 1:40 pm

Many thanks wpilr-nov12.

His visa expires same day as mine - Jan 22 2013.

My plan is to apply for my ilr on 13th of jan and he would apply a week after mine for FLR M .

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 2:07 pm

Per combination of Rule 319C and Appendix E (google UK Immigration Rules), he may independently show the maintenance funds, but at a minimum you as the 'sponsor' should be able show it.

innocentdevil · Post by **innocentdevil** » Mon Jan 07, 2013 2:18 pm

as he came before july 2012, you as a sponsor don't need to meet NEW financial requirement but you do have to meet Maintenance Fund criteria along with the rest i.e: english language etc

splashing · Post by **splashing** » Mon Jan 07, 2013 3:14 pm

Many thanks all,

so i have to skip section 7A - financial requirement and jump to section 7b for maintenance funds.

also there is no specific maintenance fund stated in the section but i made sure we £2,000 in the accounts for the last 3 months.
and we are both working. i hope this suffice.

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 3:50 pm

Hello Splashing,

I have same case as you.

When I called UKBA they said I need to apply for tier 1 PBS dependent visa ( instead of FLR(M)) for my dependent.

Experts Please advice.

splashing · Post by **splashing** » Mon Jan 07, 2013 4:21 pm

hi Sam2012,

but by the time my hubby will be applying in jan, i would no longer be on tier 1 , i would have gotten my ilr, so on what basis will he apply for tier 1 general dependant?

this ukba call centre sometimes gives u wrong infor.

Gurus in d house please out.

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 5:08 pm

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

Page 5 of above wrote:2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• 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; or
• the child 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:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 6:10 pm

Thank you wpilr_nov12 for pointing it out.

When I called UKBA today they told

If 5 years tier 1 route, dependent not qualifying for ILR then they should go for Tier 1 PBS Dependent visa after Main applicant got there ILR. They say this is easiest way to fill the 2 year gap and then apply for ILR afterwards.

If 10 year route then FLR(M).

splashing · Post by **splashing** » Mon Jan 07, 2013 10:52 pm

Good one Sam2012.
so our spouses can go for tier 1 PBS dependant extention then.

Fingers crossed they know what they are saying.

SonyTinku4ILR · Post by **SonyTinku4ILR** » Tue Jan 08, 2013 12:06 am

Hi Both: sam2012 & splashing,

I am also in the similar situation and got the same response(PBS Dependant Visa) from UKBA.

However I am still confused on one point. If I have to book PEO appointment for my dependant(PBS Dependant Visa) which Service should I select (FLR(M) OR Tier 1 PBS Dependant) ? and can we both have appointments on the same day?

Can anyone please advice?

redbull110 · Post by **redbull110** » Tue Jan 08, 2013 12:29 am

Hi,

Can anyone guide me about my Dependant, where I am on Tier-1 G leading to ILR in July this year.

Dependant's visa was applied Dec 2012 and was granted Jan 2013 which is until the end of my current Tier-1 G Visa i.e. end of October, though I will be eligible by July this year.

After I get my ILR, what does my dependant need to apply? Tier-1 G Dependant or FLR(M) ? Will the dependant get 5 yrs visa straight once that is applied?

The child born in the UK, can that be registered as British National soon as I will get ILR?

Please guide me on above? Will really appreciate response from Moderators or senior members.

Many Thanks.

Regards,

REDBULL110

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 10:11 am

redbull110 wrote:Hi,

Can anyone guide me about my Dependant, where I am on Tier-1 G leading to ILR in July this year.

Dependant's visa was applied Dec 2012 and was granted Jan 2013 which is until the end of my current Tier-1 G Visa i.e. end of October, though I will be eligible by July this year.

After I get my ILR, what does my dependant need to apply? Tier-1 G Dependant or FLR(M) ? Will the dependant get 5 yrs visa straight once that is applied? Read the rules in link given below.

The child born in the UK, can that be registered as British National soon as I will get ILR? YES. If he does not already have a dependent visa, do not worry about getting it now if he isnot leaving country before he gets his UK passport.Many Thanks.

Regards,

REDBULL110

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

Page 5 of above wrote:2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• 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; or
• the child 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:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.

redbull110 · Post by **redbull110** » Tue Jan 08, 2013 8:15 pm

Thanks for the reply wpilr_nov12. I really appreciate it.

Just wanted to make sure that my Son who was born in the UK in Feb 2012 went along with his mom back home in April 2012 as my wife's PSW visa was running out.

Now she has got Tier-1 G Dependant Visa and my Son has got Tier-1 G Child visa earlier this week and they will be joining me in couple of week's time.

Now when I will get my ILR later this year, the understanding I established is that my Wife needs to apply as Tier-1 G Dependant again and UKBA will give her 3 years of Visa as per point number 30 of the guidance document.

W.r.t my Child, will he still be eligible to registered as British National though only one of his parent i.e. Father will be on ILR only.

Please clarify this with the best of the knowledge you have.

Many Thanks again.

Regards,

REDBULL110

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Dependants - FLR M questions

Dependants - FLR M questions