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Public Benefits and FLR (M) instead of PBS Dependant

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mnaeem126
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Posts: 160
Joined: Sat Dec 15, 2012 12:02 am

Public Benefits and FLR (M) instead of PBS Dependant

Post by mnaeem126 » Wed Jul 30, 2014 11:23 pm

Dear Experts,
I am thankful in advance for reading this as I have seen your valued guidance regarding immigration matters on this board.
My brother is on Tier 1 (General) Visa going to apply for ILR in September 2015 who has got 4 dependants (wife and 2 kids entered UK in May 2014 with visas issued in December 2013 from Pakistan expiring in September 2015) with condition "No Recourse to Public Funds" on their visas who would be eligible to apply for ILR in May 2015 (5 Years Route as they applied after 9 Jul 2013) and the last 1 is born here in UK last year. I want to ask;

1. If main applicant gets his ILR, can he apply for his dependants' extension leave on FLR (M) instead of using PBS dependant form with his ILR application as fee for FLR(M) is quite less than PBS Dependant?

2. After getting ILR if my brother gets benefits like child tax credit or tax credit, would this be breaking of immigration condition for the 2 kids who have condition "No Recourse to Public Funds" on their visas even if benefits may be on main applicant's name?

3. After ILR, can he get child tax credit for the 3rd kid who is born here?

I would be much obliged for your the information. Kind Regards, mnaeem126

Amber
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Re: Public Benefits and FLR (M) instead of PBS Dependant

Post by Amber » Thu Jul 31, 2014 7:41 am

5 years would be May 2019 would it not?

If they switch to FLR(M) it raises extra requirements (Financial and English) and will reset the settlement period.

They may continue/extend as PBS deps until qualified.

The child born in the UK wouldn't need further leave, instead could register as British once you are granted ILR - section 1(3) BNA 1981.

Once you are granted ILR, claim child benefit in your name and tax credits in joint names.
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mnaeem126
inactive
Posts: 160
Joined: Sat Dec 15, 2012 12:02 am

Re: Public Benefits and FLR (M) instead of PBS Dependant

Post by mnaeem126 » Thu Jul 31, 2014 1:54 pm

Thanks Amber.
Sorry I put 2014 instead of 2013. Five years would be in May 2018.
Kind Regards,

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