Settlement visa for dependent Wife and Child

[globalindian]

Hi,

I am currently having an ILR visa. I want to apply for my wife and child who were earlier in UK under Tier 2 ICT dependent category. however they have move to India and their visa has expired currently. I guess they will need to apply for Partner/ dependent of a settled person category (VAF4A).

I was going through the rules for financial requirement under the link.
http://www.ukba.homeoffice.gov.uk/polic ... y-members/

Financial requirements
E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

(a) a specified gross annual income of at least-

(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with

(b) specified savings of-

(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or

My question is :
i) Is my salary slip and bank statement over last 12 months sufficient to prove that I can support my family with a gross income being above £22400 (covering my wife and child) , pls assume my salary is above £22K?
ii) And do I need to show a gross saving as well? Will other country saving be counted towards the calculation of the evidence of maintenance fund.

Any help on the interpretation of the above rule will be highly appreciated.

Thanks

[Amber]

Where was you child born?

If your salary meets the financial requirement, then you don't need savings. In the last 6 months what was your lowest monthly gross wage?

[globalindian]

Thanks D4109125.

In my gross salary in last month is £3200.

I also have a question regarding job. Will it be a problem if I change job 6 months prior to the application? I have been employed for last 12 months but I was planning for a job change.

Please advise.

Where was you child born?

If your salary meets the financial requirement, then you don't need savings. In the last 6 months what was your lowest monthly gross wage?

[Amber]

Is £3200 the lowest gross wage in the last 6 months?

If you are not working 6 or more months for the same employer, you can still apply but will have to use cat b rather than cat a.

[globalindian]

HI D4109125,

£19200 is my lowest gross in last 6 months. £3200 is my monthly gross salary.

I didn't get your reference to 'cat b'? Is this a different form other than vaf4a?

Thanks

[Amber]

For Cat A, salaried income, you must have been employed by the same employer for 6 months and that your lowest one month's gross wage in the last 6 months x 12, equals or exceeds the financial requirements. Thus only 6 months specified evidence is required.

For Cat B, where you have worked for less than 6 months with the same employer or, where the income is varied, the test looks at the last 12 months, 1. that your annual income meets or exceeds the financial requirement and 2. that you have actually earned the required financial requirement in the last 12 months. Thus, 12 months specified evidence is required.

[globalindian]

Thanks a lot D4109125. You have been most helpful.

[Amber]

Hi,

I am currently on full time employment but I am planning to move as self employed of a limited company.
I am planning to apply for my spouse and kid's visa for ILR dependent from outside UK. They have to apply from Outside UK.

Can you please let me know the rules associated and the financial requirements?

Can I apply immediately after opening the limited company or will I be judged based on my previous permanent employment?

Thanks Confused

[Amber]

Where was your child born?

See also, Annex FM Section FM 1.7 FINANCIAL REQUIREMENT (click)

[globalindian]

Thanks D4109125.

My child was born in India. My wife had Tier 2 ICT visa earlier in UK but all the visas got expired now and she has to also make fresh entry clearance application along with my child.

I am just worried that if I open a Limited company now how quickly my dependents can apply for the visa?

Will my salaried income and previous 12 months salary slip be considered in this case?

Or do you suggest that I should go under a umbrella company (even though it is a contract job)?

Please advise.

[globalindian]

Hi D4109125,
Your inputs will be highly appreciated. I am bit worried since my case is in between salaried or employed and also self employed.
Thanks.

[Amber]

Self employed generally looks at the last financial year or an average of two years, do you have savings?

[globalindian]

HI D4109125

I am still employed with my current employer. I have a job offer for contract position for the next month.
I am planning to resign by end of this month. I have only one month's salary saving of £3200.

I know it is a very critical situation but your inputs will be highly valuable at this junction. Do you think I should go through an umbrella company? Will that help (even that they will charge more in terms of tax) rather than creating a limited company?

Getting very tensed really.

Thanks

[Amber]

Can you not just apply now or have you informed your current employer that you wish to resign?

[globalindian]

The only problem is my wife does not have English Language test till now.
I am trying to get a UKNARIC English comparability as soon as possible.

I have already informed my company currently.

If you suggest I can opt for a permanent position or job if that helps.
I also have savings in Indian bank account. But considering India exchange rate currently the value might not reach £22,000 which is required.

But I have to arrange for an accommodation here as well for 3 people (2 bed room at least). So lot of tasks.

Is there no other option?

[Amber]

You'd need a lot more than £22000 for savings alone, it'd be more like £70000.

I think it'd be wise to hold your business ventures until your wife and children are securely in the UK. Then you've got 2.5 years to get prepared again. NARIC shouldn't take long and they do offer a premium service. Accommodation, you should be able to arrange that promptly too.

[globalindian]

Thanks D4109125. You have been most helpful and stopped me from a disaster as I couldn't have brought my wife and kids if on Monday I had opted for a new company.

I will try for a permanent job in that case. Hope that will help as I can then show both current employer and previous employer salary together.

Will that be fine and safe approach?

And if they apply from India will it take tentatively 3 months to process the visa?

[Amber]

You can apply under cat b if you've been with the employer less than 6 months if you salary meets the requirement and you've actually earned that amount in the preceding 12 months (12 months wage slips and bank statements), remember to get a letter from your current employer before you leave stating what you've earned etc... As per the specified evidence in the link above.

You may have been able to start a company but the specified evidence and calculation would have been convoluted and perhaps would have lead to a rejection. For visa processing times in India, see here (click)

[globalindian]

Thanks a lot D4109125.
Your just in time advice has saved me from a rejection.

Appreciate your kind help as always.

[globalindian]

You can apply under cat b if you've been with the employer less than 6 months if you salary meets the requirement and you've actually earned that amount in the preceding 12 months (12 months wage slips and bank statements), remember to get a letter from your current employer before you leave stating what you've earned etc... As per the specified evidence in the link above.

You may have been able to start a company but the specified evidence and calculation would have been convoluted and perhaps would have lead to a rejection. For visa processing times in India, see here (click)

Just one more query:
[img]Other Non Settlement Visas 2 days 3 days 5 days 10 days 15 days 40 days 60 days 90 days 120 days Total decisions made
Other Non-Settlement 0% 0% 0% 100% 100% 100% 100% 100% 100% 1[/img]

The link for the timeline or SLA for india gives the details as mentioned above. Should be look into the Other Non-Settlement category? Basically I couldn't find the dependent of a settled person category.

[Amber]

Settlement visa, - a route to settlement.

[globalindian]

You can apply under cat b if you've been with the employer less than 6 months if you salary meets the requirement and you've actually earned that amount in the preceding 12 months (12 months wage slips and bank statements), remember to get a letter from your current employer before you leave stating what you've earned etc... As per the specified evidence in the link above.

You may have been able to start a company but the specified evidence and calculation would have been convoluted and perhaps would have lead to a rejection. For visa processing times in India, see here (click)

Just one more query:
[img]Other Non Settlement Visas 2 days 3 days 5 days 10 days 15 days 40 days 60 days 90 days 120 days Total decisions made
Other Non-Settlement 0% 0% 0% 100% 100% 100% 100% 100% 100% 1[/img]

The link for the timeline or SLA for india gives the details as mentioned above. Should be look into the Other Non-Settlement category? Basically I couldn't find the dependent of a settled person category.

[Amber]

Where in India will she be applying?

[globalindian]

Thanks D4109125. She is planning to apply from Kolkata VFS.

[Amber]

I would expect a decision within 60 working days, perhaps much sooner given the low application numbers at that processing unit.