Dependents Already Here Now Immigration Category change

[kringo77]

Hi,

I will be applying for indefinite Leave in Feb. My wife and my daughter joined me back in june 2013 and the visa runs out at 16th of april 2016 and my son born here nut no visa application done.

I am just confused about how much money should be in my bank account in order to meet the funding requirement. My gross salary is 31k - so that's fine but is there any requirement for showing off the funds in your bank as well?

If there can you kindly let me know foe how long I have to put the money in bank and how much?

[CR001]

It would help if you stated what your/their current visa status is. There are different rules for different visa categories.

[kringo77]

Thank you very much for your reply.

I am on tier 2 which is expiring 16-04-2016. I came as student on 4th April 2006 and since then I am lawfully living here. My family joined me in June 2013 "my wife and daughter" and my Son born in 2014 october.

Can you please reply to the following queries as well. I will be grateful to you.

I have few questions regarding my and my family status.

Question 1

I came in UK at 4th April 2006 - however my Visa was stamped at 19th of March 2006. What date would I become eligible on the basis of long residency ? Is it 22 of FEBRUARY or is it 7th of March 2016? WHEN CAN I MAKE ACTUAL APPLICATION " I AM TRYING TO GET IT DONE ON WINDOW"

Question 2

Can I make a premium application for long residency?

Question 3

My family reunited with me in June 2013 - their's leave would expire at 16th of April 2016. Is it possible that I make a premium application for my indefinite and hopefully get the answer same day for example at 7th of MARCH 2016 and than apply by post for my wife and my daughter ? Would there leave will be valid after I change my category before their visa expiry to indefinite leave from Tier 2?

Question 4

My daughter will be 5 years old in March and she is living with me for the past 3 years - she wasn't born here. Her visa expires at 16th April 2016 - Would she be eligible for indefinite leave as well after I successfully applied and got it or she will be on dependent visa for another 5 years?


I will be very thank full to you if you reply all of my queries.

Regards

[CR001]

1. 4 April 2016 but you can apply within 28 days of this date. For long residence, it is the date of ENTRY that is used to calculate residence and if you qualify.

2. Yes, if you have a straightforward case.

3. Yes it will still be valid but any traveling will be risk. They will need to switch before their visas expire to FLR(M) which will reset their clock for ILR to zero and they will have to wait 5 years (2 xc 2.5 yr visas) on FLR(M) before they can apply for ILR. Your wife needs English A1 test and you need to meet the income requirement of £22,400pa for wife + 1 child (more if your son is not British at the time they apply).

4. No, her visa and requirements are likely to be in line with her mothers' so she will qualify for ILR with your wife.

[kringo77]

Thank you Char. So I can apply at 7th of March onwards on window. Some lawyer " Which I knew dont make any sense " was stating that " Applying before full 10 years completing - in my case 4th April 2006 to 4th april 16 is a recepie of refusal? Which dont make sense to me. As it covers what HO say " Apply 28 days before" . In nutshull any one can apply after 9 years 11 mo ths and 2 days? Secondly Sur, my Son born in October 14 in Britain. I havnt applied her Visa yet , should I needed to apply his visa as well ? or after my indefinate I can straighlt forwardly apply hisnaturalisation and passport? Regards

[CR001]

Once you receive your ILR, apply for your UK born child on application MN1 to register child as British. A UK born child does not need a visa or ILR to make this application.

[kringo77]

Please can some one answer about confusion of 28 days. As I will be eligible to apply on the basis of long residence on 6th of MARCH 2016. I arrived in this country on 4th of April 2006.

The only question is - if I would like to go on window " Same Day" , Can i book a date from 6th of March 2016 onward or cant do it on window till 4th of APRIL 2016.

How would HO will treat my application if I go on window for example 7th of March 27 days before my actual 10 years?

Please answer and your quick response will be highly appreciated.

[Obie]

My Colleague appeared to have answered your question.

It may well be the case, that the year has changed since the advise was given , but the law continues to be the same.

[CR001]

You can apply anytime within 28 days before you reach 10 years residence.

[kringo77]

Hi Char,

Thank you for your reply.

I just gave a call twice to HO and spoken with 2 different people each time.

No 1 replied - you cant apply as your current leave is expiring on 26th of April " Tier 2" . But then she put me on hold and advised after that yes you can apply 28 days before from 4th of April 2016.

No 2 replied - Why you want to apply and this facility is for the people whom leaves are expiring earlier so they can apply 28 days before - however you had valid visa till 26th of April. so apply after 4th of April.

Its confusing and irritating as I have straight forward case and want to come out from this visa things asap.

Any comments?

or Any email account where the home office will answer the query over the email . I have taken notes of the persons I am speaking but they can easily refuse that . Unless you have some thing written from them .

Its a lot of money 1900 and really dont want to waste it. Please any help or comments will be highly appreciated.

[CR001]

Home Office call centre is known for giving incorrect advice and take no responsibility for what they tell you.

Form Set(LR) and guidance clearly state that you can apply no sooner than 28 days before you reach the residence requirement. So within 28 days before the date of your first entry to the UK.