Dependant with criminal record

[gwh168]

I am studing in uk as a PHD student. our visa will be expired on 31/01/12. I plan to apply a student visa for my post-doctor studies . As my dependant , my husband is in uk as well. unfortunately my husband has 56 days imprisionment for stealing money from employer 2010-2011 in UK.how is bad effect on his dependant visa application???do you think we should ask a immigration lawyer for help???



please help . thanks a lot

[gwh168]

Hello guys , i am going to apply for ILR in a month's time.

my husband will apply dependant for my ILR the same time as myself. He is in uk since 2007.

my question : is there ANY financial requirement i need to show for my husband's application ?

I would really appreciate your advice and thanks a lot in advance.


Regards,

Samina Ali

[Apam]

What visa are you on?
What ever it is, so long as you are both applying at the same time you don't need to provide any financial requirement for him.
Nice to have some reasonable balance in your accounts but in reality there's no minimum required balance.
If he was applying on his own then yes you as his sponsor would have to show payslips, bank statements to support his application.

[gwh168]

Hi Apam , thanks for your help.
i am on tier(1) investor.
i plan to apply first ,if my application is successful ,then my husband will sumit his application.so may i ask you how much money i need show to UKBA?
Many thanks

Samina

[gwh168]

Hello Amber
hope this message reach you well . please help me !
my husband is planning to apply leave to remain as dependant of my ILR(long residence). The immigration rules has changed on 6th April 2014. it is quite confusing for me regarding financial requirement. my husband is on dependant visa of mine since 2008. i was on tier 4 and tier 1.
so my question is: does he need financial requirement for his flr m visa application ?

i saw some post here recently and got really confused for PBS dependant.
old immigration rules apply if get dependant visa before 9/7/2012. new flr m form also apply this rule .
http://www.drummondmiller.co.uk/news/20 ... april-2014)/ ,on this website ,one immigration solicitor also said there is transitional policy in place for pbs who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012 .
can you please clarify this matter for me ? many thanks

Regards

Samina Ali

[Amber]

You will need to meet the Financial Requirement and A1 English, you'll be on a 5 year route to settlement I'm afraid.

[gwh168]

You will need to meet the Financial Requirement and A1 English, you'll be on a 5 year route to settlement I'm afraid.

Dear Amber
thanks for your reply . so you mean on flr m form i need fill up 7A section ?? in 7A ,it goes :If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are notrequired to complete section 7A, Proceed to 7B MAINTENANCE . so confused !!! so can you please kindly send me a link about new PBS rules ?? many thanks

Samina

[Amber]

Yes, 7A.

[gwh168]

Hello Amber
Hope you are well. I have successful got my ILR. my husband plan to apply leave to remain as dependant of mine. Due to our financial situation,we are not able to meet financial requirement as FLR (m) requested. so my question is can my husband apply leave to remain by using FLR(FP) form? if he can ,we need apply as partner of family life (10 years route)? what this 10 year route means? please help us . many thanks .God bless you !

Regards

Samina

[Amber]

Perhaps. If you apply for FLR(M) the case will be put on hold if it's only the Financial Requirement you don't meet. FLR(FP) May be appropriate, perhaps a 5 year route if you have a British child/child that's been here 7 or more years?

[gwh168]

Perhaps. If you apply for FLR(M) the case will be put on hold if it's only the Financial Requirement you don't meet. FLR(FP) May be appropriate, perhaps a 5 year route if you have a British child/child that's been here 7 or more years?

Dear Amber,
many thanks for your rapid response. we had a baby girl which was born on March this year before i had my ILR. certainly i will apply British citizenship for her.so you mean my husband can apply family life as parents (5years route) by using FLR(fp) form??

Regards

Samina

[Amber]

Yes, it would appear so, insofar as the child is registered as British ASAP on MN1 by virtue of section 1(3) BNA assuming the child was born in the UK? It would also not have to be reasonable to expect the child to leave the UK.

[gwh168]

Yes, it would appear so, insofar as the child is registered as British ASAP on MN1 by virtue of section 1(3) BNA assuming the child was born in the UK? It would also not have to be reasonable to expect the child to leave the UK.

Thanks Amber . yes. my baby girl was born in UK.

[gwh168]

Hello Amber
Hope you are well. many thanks for helping me last time. I have successful got my ILR. my husband plan to apply leave to remain as dependant of mine. As we discussed last time ,he will apply flr(fp) .At the moment,his visa is dependant visa of my old tier(1)investor visa and will be expired on January ,2017. so can he apply flr(fp) at the end of 2016 before his current visa expired or he must apply it now ? please give me some advice.many thanks .

Regards

Samina

[Amber]

Before the current leave expires.

[gwh168]

Hello Guys
Hope you guys are well. many thanks for helping me last time.Currently I have my ILR.me and my husband have a 9 months old baby daughter. She got her british passport this month.So my husband plan to apply leave to remain by using FLR(fp) in the category of family life as parent .can you please help me to have a look the following questions
1. what is the difference of family life as parent 5 years and family life as parent 10 years??? which one he should apply?
2. is any financial requirement for this category? me and my husband current work part-time only due to looking after baby. it is very hard to meet financial requirement for us at the moment.

please help me . many thanks
Regards

Samina

[Rayking]

If you can't meet the financial requirement, then you can apply under family life.
The difference is simply that it will take you longer to apply for anything else,nothing more than that I reckon.

[gwh168]

Thank you very much for your response. It is much appreciated.
Could you please let me know what application form I should choose if I apply for family life?
Hope to hear from you soon.

[gwh168]

Hi guys
hope you are all well.

I have ILR at the moment . I was on tier(1) investor visa . my husband is currently on dependent visa of my old tier(1) visa. His visa is expired on January 2017. My question is : does he need to change his visa category immediately or he can do that on January 2017. please help me .

Many thanks

[CR001]

If you obtained ILR through Tier 1, he can continue to extend as PBS dependant.

Your previous posts suggest you got ILR based on long residence and you have been given advice.

http://www.immigrationboards.com/member/gwh168/posts/

[vinny]

See also Announcement.

[gwh168]

Dear CROO1,
many thanks for your rapid response. i really really appreciated . i got my ILR through long residence not TIER (1) . tier(1) visa is just part of 10 years stay . The reason i ask is because he will go back home for 20 days and we have concern he will be stopped or questioned when he pass the border control for this matter. so you mean he can wait till jan 2017 to apply settlement . sorry i am just so confused. please help me .

Many thanks

[gwh168]

i am sorry Vinny
please forgive me on this matter as i am quite confused to those immigration rules at the moment . you guys are fantastic and very helpful . so that is why i looking for help here. if i done anything wrong here , please accept my apology and please help me on my issues. sorry again

[CR001]

Risky to travel on his current visa. He should have switched when you were previously given advice.

[vinny]

For clarity, I've merged your topics.