What leave should my dependants apply for?

[sshahidkhan]

Good Afternoon

I have few misunderstanding and want to clear before apply for my ILR. I am applying on 10 years long residency in Jan 2016.
Once I have my ILR how can I apply for my wife, she is right now on Tier 1 dependent visa.
Also I have to apply for my child who is born outside UK and right now on Tier 1 dependent visa.
My little baby who born in UK last year and don't have any passport, how I have to apply for her.

Your help will be much appreciated .

regards

Shah

[CR001]

I have few misunderstanding and want to clear before apply for my ILR. I am applying on 10 years long residency in Jan 2016.
Once I have my ILR how can I apply for my wife, she is right now on Tier 1 dependent visa.
Your wife and child born abroad will need to apply/switch to FLR(M) and you will need to meet all the requirements. Wife will need English A1. The clock towards ILR will be reset to zero and they will be on a new 5 year path to ILR (2 x 2.5 year visas). They will also have to pay the health surcharge of £500 each.

Also I have to apply for my child who is born outside UK and right now on Tier 1 dependent visa.
Child born abroad will need to apply with your wife and visa will be granted in line with your wife. See above

My little baby who born in UK last year and don't have any passport, how I have to apply for her.
Once you are granted ILR, you can apply to register the UK born child as British Citizen on form MN1 under section 1(3) of the nationality act. This is an entitlement to register.

How long have your spouse and born abroad child been in the UK?

Why do you not want to apply for ILR as Tier 1 G?

[sshahidkhan]

CR001

thanks for your email,i don't want to wait until my leave expire in May 2016 as i have plan to travel. I can travel but the problem is my little girl becuase she dont have any visa/Passport. this is the only reason I am applying. My wife and kids are with me from the last 2 years.

what you suggest the best way is wait until may 2016.

(Once you are granted ILR, you can apply to register the UK born child as British Citizen on form MN1 under section 1(3) of the nationality act. This is an entitlement to register.) Is she will get passport or visa
regards

Shah

[CR001]

Your wife and child will need an extension anyway if you applied for ILR based on Tier 1 as they need 5 years residence. They don't qualify for ILR now and if you apply for ILR on 10 years long residence, you cannot include dependents with this application. Your wife and child(ren) will need to apply for FLR(M) visas within the UK.

Your UK born child is entitled to register as British, but if you have travel plans, it would be wiser to get her a foreign passport and a visa with your wife and other child.

To register the child you apply on form MN1 and pay a fee of £749. Once you receive the registration certificate, you can then apply for a British passport for your child born in the UK. The process can take a few months.

[sshahidkhan]

Thanks for your email, I am not able to apply for her passport directly after my ILR

Can you please comment on this as well

If i am applying tier 1 route for ILR, i have to apply for my wife extension that's right what about my kid born outside UK, do he have to spend 5 years as well in UK to qualify for ILR or for him different rule apply.

also what is the fee difference between both the routes, do i have to pay NHS charges as well.

regards

Shah

[CR001]

Thanks for your email, I am not able to apply for her passport directly after my ILR

Do you mean British Passport? No you cannot, the child is not British and only British Citizens can apply for a passport. You need to register the child as British first.

If i am applying tier 1 route for ILR, i have to apply for my wife extension that's right what about my kid born outside UK, do he have to spend 5 years as well in UK to qualify for ILR or for him different rule apply.

Yes, you can apply on PBS Dependent form for an extension. Child will issued leave to remain in line with the mother.

also what is the fee difference between both the routes, do i have to pay NHS charges as well.

PBS Dependent is more expensive, +/- £1,700 each. FLR(M) is cheaper, under £1,000 each. NHS charge has to be paid for both routes.

[sshahidkhan]

Thanks for your kind and useful comments

So what you suggest me then 10 year long residency is good for me or 5 year route. I receive my 1st visa November 2005 but I came to UK in Feb 2006. I got my tier 1 in 2011 and the. Extension in 2013 which expires in May 2016.

Also when my child who born outside UK will be eligible for passport. I heard when one of the parent got ILR child can apply for ILR for under 18 or passport.

Regards

Shah

[CR001]

So what you suggest me then 10 year long residency is good for me or 5 year route. I receive my 1st visa November 2005 but I came to UK in Feb 2006. I got my tier 1 in 2011 and the. Extension in 2013 which expires in May 2016.

It is your choice. PBS Dependent is more expensive, but likely only one extension needed plus health surcharge for 3 years to make up their 5 years residence requirement.

FLR(M) will reset the clock for them and they will have to wait another 5 years (2021) before qualifying for ILR. FLR(M) is much cheaper than PBS Dependent and you also have to pay the health surcharge and meet all the requirements.

Also when my child who born outside UK will be eligible for passport. I heard when one of the parent got ILR child can apply for ILR for under 18 or passport.

No, your child born abroad will be expected to hold ILR before a British citizenship application can be made and his leave to remain (visa) will be in line with the less privileged parent (your wife) and not you (ILR). A child born abroad is not entitled to register as British, it is an application at discretion (no guarantee) and to be successful, one parent should be British and the other parent should have ILR or be British.

Only children who are born IN THE UK, qualify to REGISTER as British once one parent gets ILR. You need to register the UK born child BEFORE you can apply for a British passport.

[pankajkr_ghy1]

FLR(M) will reset the clock for them and they will have to wait another 5 years (2021) before qualifying for ILR. FLR(M) is much cheaper than PBS Dependent and you also have to pay the health surcharge and meet all the requirements.

can they get ILR if there own 10 year legallyt finishes in UK?

[CR001]

can they get ILR if there own 10 year legallyt finishes in UK?

Yes they can, but the OP has stated his dependents have only been in the UK for 2 years, so FLR(M) will be quicker.

[sshahidkhan]

Thanks

I don't understand why child have to carry mother status, if I am on ILR he should have that one,

I receive my 1st visa November 2005 but I came to UK in Feb 2006. I got my tier 1 in 2011 and the. Extension in 2013 which expires in May 2016. When my 10 years complete November 2015 or Feburary 2016. How early I can make the application

Regards

[physicskate]

Thanks

I don't understand why child have to carry mother status, if I am on ILR he should have that one,

I receive my 1st visa November 2005 but I came to UK in Feb 2006. I got my tier 1 in 2011 and the. Extension in 2013 which expires in May 2016. When my 10 years complete November 2015 or Feburary 2016. How early I can make the application

Regards

28 days before the 10 year anniversary of your arrival.

Your child will get the same status of the mother because children born outside the UK are given the status of the less advantaged (immigration-wise) parent. That's just the way it is... Essentially, they need to qualify for ILR in their own right - they cannot piggy-back on the more advantaged parent (eg entering the UK a month before one parent qualifies for ILR).

[sshahidkhan]

Thanks for your reply
I have two question for you can you please shadow some comments.

1) I am apply for 10 year rule long residency what documents I have to provide, I have all my passport but my previous biometric cards home office took it . I have only the recent one.

2) Can you please tell me if I apply for my wife and kids under FLR(M) rule what documents I need to provide like bank statement any financial requirement etc 3/6 month of some funds any other document like English language life in uk.

Thanks

Regards

Shah

[CR001]

1. All passports for last 10 years, including one you used to enter. LIUK, English B1 certificate or equivalent, BRP (don't need all of them, just latest one), SET(LR) form, photos. SET(LR) Form and Guidance Notes (Click)

2. For FLR(M), you will need to meet the financial requirement of £22,400pa (Dep + 1 child) or £24,800 (Dep + 2 children as your UK born is not British). Unlike Tier 1 G Dep, there is no maintenance fund requirement, you have to prove your salary with bank statements and payslips. Your wife will need to prove she meets the English A1 requirement. She will also have to provide 2 years proof of cohabitation documents. Page 62/63 of the FLR(M) Form (Click) has details and examples of cohabitation documents. See also FLR(M) Guide (Click)

[sshahidkhan]

Thanks

My wife have a master degree in English from Pakistan, is she still need to do English language course. Some one said that if UK Naruc confirmed her degree she is ok.

Regards

Shah

[CR001]

Naric is fine

[sshahidkhan]

She need English B1 certificate qualification now or when she is applying for ILR.

https://www.gov.uk/english-language/overview

can you please confirm so i can make necessary arrangements.


regards

Shah

[geriatrix]

What leave is she applying for - dependent on which route you take to settlement? Have you decided?

[sshahidkhan]

i didnt made my mind yet but still gathering information once satisfied i will make up my mind. If she is going to spouse visa she need it now or when she is applying for ILR.

[vinny]

She cannot decide before you decide. If you decide to apply for ILR under long residence, then she should apply for leave as a spouse of a settled person, unless she qualifies for ILR under long residence herself.

[sshahidkhan]

Yes I decided to apply for long residency
So now she will have to apply for spouse of settle person
Do she need English language when she is applying for spouse visa or she need it when applying for ILR.

Regards

[CR001]

She needs English A1 for spouse visa.

[sshahidkhan]

Good Morning

Yes I made up my mind now, I am going to apply my ILR via Tier 1 5 years route.
can you please suggest me few things as follows

1) My current leave expire 15.05.2016 when i can apply as i saw there is changes in the few from April next year.
2) My wife and my son visa expire same time we are applying extension for them
3) Do i have to pay for health charges if yes how much is that
4) If I make an appointment same day service how much i have to pay. Do i have to pay premium service for all of us or I have to pay just for myself and My wife and my son is going to be in that application.

5) Can i apply separately like i go to window and then I will send their by post how it works.

regards

Shah

[geriatrix]

1. No earlier than 28 days before the 5th anniversary of the date of issue of Tier 1 leave - if you applied for Tier 1 from within the UK.
2. What is the question?
3. Not for ILR application, but yes you will need to pay for any extension application(s). See How much you have to pay
4. Read the appropriate application forms - the fees for in-person applications are mentioned in there. You are applying for ILR and your dependants for extension so they cannot be in your application!!
5. Yes, as long as they apply (by post) before their current leave expires.

[CR001]

2) My wife and my son visa expire same time we are applying extension for them

What date did they come to UK? What was the start date of their visas?