Immigrationboards.com

Posted: **Wed Jun 05, 2019 8:38 pm**

Re: visa application for wife and son while I am waiting for ILR on T1E 5 years

Situation:
I was on Tier 1 Ent visa - pro Apri 2014 route. And I applied for my ILR on April 2019 wishing to benefit from Pro-6-April arrangement, so now I am still waiting for the result for my ILR (hopefully as soon as possible).
My wife and son (NOT BORN in the UK), as Tier 1 Ent dependant came with me and live in the UK till the of 2015, and return to home country. This means their Tier 1 Ent Dependant visa expired in 2017. They did not apply for their extension, because they decided to stay in home country.

Question:
1. What type of visa should I apply for them now? Tier 1 Ent Dependant? Or should I wait for my ILR and apply Family visa for them?
2. After 12 months of holding my ILR, I want to apply citizenship. Can my son join me for the application by then (2020)?

Please advise! Many thanks!

Best regards,

Posted: **Wed Jun 05, 2019 8:52 pm**

1. Likely spouse and child settlement visas once your ilr is granted.

2. No your child has no entitlement to citizenship and will follow the same immigration path as your spouse, ie 2 x 2m5 year visas and ILR and the citizenship.

Posted: **Fri Jun 07, 2019 7:41 pm**

CR001 wrote: ↑
Wed Jun 05, 2019 8:52 pm
1. Likely spouse and child settlement visas once your ilr is granted.

2. No your child has no entitlement to citizenship and will follow the same immigration path as your spouse, ie 2 x 2m5 year visas and ILR and the citizenship.

Thanks CR001. You are always helpful. But how is it possible for my spouse and kid to get settlement visa? What are the conditions? I have mentioned that they didn’t apply for Extension since 2015 and they didn’t live in the UK after 2015. They just lived in the UK with PBS T1E Dependent between 2014 and 2015. Many thanks!

Posted: **Fri Jun 07, 2019 7:51 pm**

Don't confuse the visa name, spouse/child settlement visa with the term ILR settlement. They are two different things.

The visa they apply for once you have ILR is simply called a settlement visa, ie. spouse or child of a person SETTLED.

https://www.gov.uk/uk-family-visa

Your spouse needs English A1 test.

You need to prove you earn a minimum of £22,400 per annum and provide a minimum of 6 months payslips and bank statements. More is required depending on how you plan on meeting the financial requirement.

You have to prove you have adequate accommodation as well.

Pity they did not renew their visas as there is no absence limit for PBS dependents applying for ILR whose visas were issued before 11 January 2018.