ILR for Dependents

[Preeti80]

Hi All,

We came to UK in Mid May 2006 and my husband got ILR in last week of June 2011. He applied after completing 5 years while unemployed but luckily got thru as he was satisfying all criteria. He is unemployed for quite a long time now and still looking for a job. We (I + daughter minor) did not apply for ILR along with him as I could not take the KOL /LIUK test; also we though his ILR may be rejected as we were not sure of the changes of the regulation. My husband got ILR from Tier-1 (PBS). We (me + daughter) are still on the Tier-1 (PBS) dependent visa expiring in June 2012.

We are living in the UK lawfully more than 5 years now have not been out of the UK more than 100days in last 5 years. I am currently working but do not earn much so we are supporting our family with our saving and my earning. We have sufficient funds to maintain us; so as of now problem.

We have not claimed any benefits till today.

I have just cleared the LIUK test and planning to apply my ILR in Sep/Oct. I am planning to apply in PEO and will go to Solihul, Birmingham PEO.

Can you please answer the following Qs.

1. Do we need to transfer our visa to an “dependent of person settled in UKâ€

[Lucapooka]

The caseworker was correct that you don't have to switch while your current leave is valid but you will have to switch at some point before your leave expires if you want to be eligible for ILR. In the current immigration rules, 319E appears to offer no scope for PBS dependants to apply for ILR unless it's with and at the same time as the PBS migrant. So, when you have switched to leave to remain under 284 you can then apply for ILR under 287 (a)(i)(d):

the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

If anyone knows of discretion to avoid this requirement then please post a link

[oye_rg]

Does the person applying for ILR not need to be a legal immigrant on the date of application. Technically your WP dependent VISA may be invalid since your husband's WP got superseeded by the ILR.

This point is worth checking and then you may have to apply for dependent of a person settled in the UK before applying for your own ILR

[Greenie]

FLR(M) then set(m) required.

[Preeti80]

Does the person applying for ILR not need to be a legal immigrant on the date of application. Technically your WP dependent VISA may be invalid since your husband's WP got superseeded by the ILR.

This point is worth checking and then you may have to apply for dependent of a person settled in the UK before applying for your own ILR

Oye_Rg, we were in Tier-1 (PBS) dependent and not in WP. Also, we can stay legally stay in the country until our current visa is valid which is June 2012 and no problem in that. Issue here is how to apply for ILR now? Directly to ILR or 1st Dependent of a settled person and then ILR as there is a lot of fees involved here as we will be applying in PEO.

Any inputs from the senior members here please will highly helpful.

Thanks
Preeti

[Greenie]

FLR(M) then set(m) required.

[Preeti80]

FLR(M) then set(m) required.

Hi All

Thanks for the response. I have few more Qs if you can please clarify..

1. My husband is Jobless for last few months although he is actively trying to find a Job. Will it affect our FLR(M) and then SET(M) application? We have sufficient funds to maintain ourselves for few more month and I am also working now.

2. Since my husband got ILR, he is now eligible for JSA (job Seeker Allowance) and Child Benefits etc. If he applies for JSA and Child benefits, will it affects our FLR(M) and SET(M) application later on.

3. Will (JSA and Child Benefit if claimed ) it affects his Citizenship application?

Kindly advise. Based on your response we will take our next steps.

- Apply for FLR(M) / SET(M)
- Apply for JSA and Child Benefits if OK

Regards
Preeti

[Greenie]

Does the person applying for ILR not need to be a legal immigrant on the date of application. Technically your WP dependent VISA may be invalid since your husband's WP got superseeded by the ILR.

This point is worth checking and then you may have to apply for dependent of a person settled in the UK before applying for your own ILR

Oye_Rg, we were in Tier-1 (PBS) dependent and not in WP. Also, we can stay legally stay in the country until our current visa is valid which is June 2012 and no problem in that. Issue here is how to apply for ILR now? Directly to ILR or 1st Dependent of a settled person and then ILR as there is a lot of fees involved here as we will be applying in PEO.

Any inputs from the senior members here please will highly helpful.

Thanks
Preeti

your PBS dependent visa is arguably no longer valid because your husband is no longer a PBS migrant - in my opinion you need to apply as soon as possible on FLR(M) and certainly should not travel until you have switched as you could be refused entry to the UK due to change in circumstances.

[Greenie]

FLR(M) then set(m) required.

Hi All

Thanks for the response. I have few more Qs if you can please clarify..

1. My husband is Jobless for last few months although he is actively trying to find a Job. Will it affect our FLR(M) and then SET(M) application? We have sufficient funds to maintain ourselves for few more month and I am also working now.

2. Since my husband got ILR, he is now eligible for JSA (job Seeker Allowance) and Child Benefits etc. If he applies for JSA and Child benefits, will it affects our FLR(M) and SET(M) application later on.

3. Will (JSA and Child Benefit if claimed ) it affects his Citizenship application?

Kindly advise. Based on your response we will take our next steps.

- Apply for FLR(M) / SET(M)
- Apply for JSA and Child Benefits if OK

Regards
Preeti

Are you working? If no and your husband is not claiming benefits, how are you surviving?

Your husband can definitely claim Child Benefit and it will have no effect on your applications for further leave/ILR or future applications for citizenship. You should also make a joint claim for tax credits.

Whether he is eligible for JSA depends on his work history and/or your household income.

If he has made sufficient NI contributions he may be entitled to claim contribution based JSA - this is not means tested so your household income is not relevent.

He can only claim income based JSA if your household income is low enough. He will only be able to claim JSA as a single person and not at the couple's rate as you don't have recourse to public funds.

The fact that your husband is claiming benefits will not mean that your application will automatically be refused but you need to show that your household income is at least the level of income support for a family of your size. If neither of you are working it would be hard to see how you could meet this requirement. There are numerous recent posts on the requirements for FLR(M) in the Immigration for Family members section.

See for example

financial support needed for wife and stepson

and

guidance

[Preeti80]

Hi Greeni,

Thanks for your reply. I am temporarily working and my average income is around £600/pm.
We have sufficient balance to maintain ourselves.

Based upon your reply, my understadings are as follows:

1. My husband can apply for Child Benefits and it will not affect our FLR(M)/SET(M) and Citizenship applications.
2. My husband may get income based JSA. Our household income is around £600/pm as of date. He can apply as a single person.
3. We can apply jointly for TAX credit.

All the above will not affects us for any further processing of the applications.

Please re-confirm the above.

Thanks and Regards,
Preeti

[Greenie]

Hi Greeni,

Thanks for your reply. I am temporarily working and my average income is around £600/pm.
We have sufficient balance to maintain ourselves.

Based upon your reply, my understadings are as follows:

1. My husband can apply for Child Benefits and it will not affect our FLR(M)/SET(M) and Citizenship applications.
2. My husband may get income based JSA. Our household income is around £600/pm as of date. He can apply as a single person.
3. We can apply jointly for TAX credit.

All the above will not affects us for any further processing of the applications.

Please re-confirm the above.

Thanks and Regards,
Preeti

1. Yes
2. He won't be eligible for income based JSA if you earn £600 per month. He might get contribution based though.
3. Yes