Family ILR application

[abmughal]

I have been granted ILR this February on the basis of 10 year long residency. Although I had Tier 2 visa (3 years on Tier 2 and 2 years on PSW and 5 tiers Tier 4)

I have few questions regards to my dependant family visas as they were my Tier 2 dependents (1 Adult and 3 children aged less than 16 years) their dependent visa expires in April 2017. They came into UK in Dec 2011 as Tier 1 PSW dependends and then later switched over to Tier 2 dependends which is expiring in April 2017 .

As I have a ILR now are they eligible to apply for ILR as well as they have spend more than 5 years as my dependent in UK or what other options are available.

I am still working , however my Annual Salary is 25,700. Is this enough to support 4 dependents and do I have to show any fund maintenance.

Can you please help me in this regards , so I can proceed further in light of your guidance.

Any help will be very appreciated and thanks for your time in advance.

Best wishes

A B Mughal

[Obie]

Was any of the children born in the UK?

[CR001]

They will need to switch visa and apply on FLR(M) and meet all the requirements, English (for spouse) and Financial. They do not qualify for ILR as you have ILR based on long residence and not the PBS route, where they would have qualified with you as Tier 2 General dependents.

http://www.immigrationboards.com/immigr ... 43881.html

[secret.simon]

They will need to switch visa and apply on FLR(M) and meet all the requirements, English (for spouse) and Financial. They do not qualify for ILR as you have ILR based on long residence and not the PBS route, where they would have qualified with you as Tier 2 General dependents.

http://www.immigrationboards.com/immigr ... 43881.html

That is what I initially thought as well, but given that the wife and children had entered the UK in December 2011, would they not be eligible under the old 2-year rule?

[CR001]

They will need to switch visa and apply on FLR(M) and meet all the requirements, English (for spouse) and Financial. They do not qualify for ILR as you have ILR based on long residence and not the PBS route, where they would have qualified with you as Tier 2 General dependents.

http://www.immigrationboards.com/immigr ... 43881.html

That is what I initially thought as well, but given that the wife and children had entered the UK in December 2011, would they not be eligible under the old 2-year rule?

No, not if the main PBS visa holder obtained ILR based on long residence. The rules changed in April 2014 which removed the transitional provisions for PBS dependents, regardless of when they entered the UK. Link to the changes are in the last post by vinny in the link I have provided.

[secret.simon]

Thanks for clarifying that, CR001.

my Annual Salary is 25,700. Is this enough to support 4 dependents

No.

An additional gross annual income of £3,800 is required for the first child sponsored in addition to the Partner and an additional £2,400 for each further child. The level of the financial requirement will therefore be;
[*] 3 children in addition to the partner – £27,200

The above calculation is assuming that none of the children were born in the UK. A child born in the UK is entitled to be registered as a British citizen under Section 1(3) of the BNA 1981. So, registering them as British citizens will reduce the financial requirement accordingly.

A Supreme Court ruling on the legality of the financial requirement is due on 22nd February.