PBS dependent to ILR dependent from outside UK

[maddyinlon]

Hello there,

I find this forum is very useful. My wife's visa situation is bit different and so here I'm.

• My wife came to UK on July 2011 on Tier 1(general) dependent.
  Blessed with baby here in UK in September 2012
  Both my wife and baby went to India in December 2012 and still in India
  I'm applying for ILR end of this month at PEO
  I'm planning to apply ILR dependent for my wife from India and ILR for baby from India

My question is - does my wife need to wait until another 5 years to apply for ILR as per new rules ?
or can she apply for ILR next year from UK (two years of qualifying period) as she applied for visa and came to UK before 9th July 2012 ?

Appreciate your help on this. Thank you.

[Amber]

Is your wife's PBS dep visa still valid? Your child will be entitled to register as British when you're granted ILR.

[maddyinlon]

Is your wife's PBS dep visa still valid? Your child will be entitled to register as British when you're granted ILR.

Thank you for reply.

Yes it is still valid (until end of Sept). But I will apply ILR for baby (my baby got Indian passpot now ) as it is more easy. It is too complicated to apply British passport and get exit visa from India.

But my original question is about my wife's eligibility to ILR ? How long she need to wait to apply for ILR ?

[Amber]

Your wife will be under the old rules and should extend the PBS dep visa I assume you are applying for ilr as a PBS applicant.

[vinny]

Wife and child should return to UK prior to wife's PBS dependant visa expiring.

[maddyinlon]

Your wife will be under the old rules and should extend the PBS dep visa I assume you are applying for ilr as a PBS applicant.

Yes, I'm applying for ILR as PBS (Tier 1 general) applicant.

My wife's case is confusing as she is in India at the moment. How can she apply as PBS dependent from India ? Is it same form (VAF4A) for PBS dependent ? I thought since I will be ILR, my wife should apply as ILR dependent (Partner of a British citizen or settled person) ??

[Amber]

Can she not get back and extend her PBS dep visa when you apply for Ilr?

[maddyinlon]

Wife and child should return to UK prior to wife's PBS dependant visa expiring.

Hi Vinny,

Thanks for your reply. I thought about this option too, but it is not possible. My baby was born here and do not have any UK visa and travelled India on Indian passport. My wife's visa (PBS dependent) is still valid (until end of September) though, but it is bit dificult to leave the baby in India and travel to UK for visa.

Hence, they both will apply from India once I get my ILR.

Assuming, my wife can apply under category of - Partner of a British citizen or settled person.

My question is - once she comes to UK (assuming her visa will be successful from India), can she apply for settlement after one year ? as she complets 2 years of qualifying period? (As she already spent in UK for 14 months before she travelled to India)

[maddyinlon]

Can she not get back and extend her PBS dep visa when you apply for Ilr?

If she can come back here before her visa expires, she can actually apply for ILR along with me.. But it is too complicated as she may not qualify her 2 year qualifying period (even though there are some successful cases) and a bit difficult to leave the baby (as baby do not have UK visa) back home. (need to mention flight fares too )

[vinny]

Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?

[maddyinlon]

Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?

That's good point Vinny, I have considered this too. But I thought it is better to apply settlement visa for baby for the same fee

[vinny]

The visa fee is per applicant, so that's twice the fees.

Moreover, if wife applies for a Partner of a British citizen or settled person entry clearance, then the transitional provisions may not be applicable. The entry clearance application is not made in the UK, as required by A280( c )(ii). She may be subject to the current rules. Her qualifying period for ILR may be reset (E-ILRP.1.3).

What do you think, Amber?

[maddyinlon]

The visa fee is per applicant, so that's twice the fees.

Moreover, if wife applies for a Partner of a British citizen or settled person entry clearance, then the transitional provisions may not be applicable. The entry clearance application is not made in the UK, as required by A280( c )(ii). She may be subject to the current rules. Her qualifying period for ILR may be reset (E-ILRP.1.3).

Vinny, It looks like i'm in bigger problem now. All these days, I was stupendously thought I can apply for settlement for my baby from India.

If I need to apply PBS dependent for baby, how much is the maintance funds I need to show ? sorry for very naive qustion. I'm in more confused state now

[Amber]

Can the child apply for settlement? Do both parents not need to have settled or have been given permission to settle?

I think you take a serious risk if switching your spouse's outside the UK. As Vinny pointed out, the transitional provisions may not be applicable. Moreover, it's unlikely that your wife would satisfy the qualifying period to settle with you when you apply, you would likely need to extend. Once you're granted ILR the child will be entitled to register as British which can be done in the UK at a NCS office even when the child is abroad.

[maddyinlon]

Can the child apply for settlement? Do both parents not need to have settled or have been given permission to settle?

I think you take a serious risk if switching your spouse's outside the UK. As Vinny pointed out, the transitional provisions may not be applicable. Moreover, it's unlikely that your wife would satisfy the qualifying period to settle with you when you apply, you would likely need to extend. Once you're granted ILR the child will be entitled to register as British which can be done in the UK at a NCS office even when the child is abroad.

Hi Amber,

My understanding from this linkas stated below

• You cannot apply in the child category if you are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system and:
  
  --your other parent does not yet qualify for settlement; and
  --your most recent permission to stay as a dependant under the points-based system (known as a PBS dependant) was granted on or after 9 July 2012.

is that child can't apply for settlement only if he meet all the above three requirements.

[maddyinlon]

Is there enough time for baby to apply for a PBS dependant visa, in line with your wife's, and come back before expiry of wife's leave?

Hi Vinny, If I consider applying PBS dependent visa for baby - I can only apply around August 25. Do you think application will be successful ? considering I have only visa valid until Sep 20.

[vinny]

Ask the High commission about the timings for PBS dependant visas and also ask about this category.

[maddyinlon]

Ask the High commission about the timings for PBS dependant visas and also ask about this category.

Thanks Vinny for all links. It will be too tight to apply as I have to wait until August 10th to get bank statements. So, we have decided to apply from India for both my wife and baby as dependednts of settled person. I know my wife may come under new rules and need to wait 5 years for my wife's ILR. But I seem to have no other option

[vinny]

Try bringing back your UK-born child as a visitor before your wife's leave expires.

[emuser]

Hi All,

Thanks Moderators for the great job you people are doing.

My case is more or less similar to maddyinlon's case.

My Details

First Entry to UK - HSMP - June 2008
Visa Renewal - Tier 1 General - June 2010
ILR (using PBS) - June 2013

My Wife's Details
First Entry to UK - Tier 1 Dependent - Aug 2011
Left UK - Apr 2012 (for child's delivery in india)
Blessed with Baby born in India
Both my wife & baby still in India.
Wife's Tier 1 Dependent Visa expired - June 2013.
Wife not a degree holder.

My question is, in which category I should apply visa for my wife and child.
Partner of a British citizen or settled person ? or PBS Dependent as she entered UK before?

[vinny]

Hi All,

Thanks Moderators for the great job you people are doing.

My case is more or less similar to maddyinlon's case.

My Details

First Entry to UK - HSMP - June 2008
Visa Renewal - Tier 1 General - June 2010
ILR (using PBS) - June 2013

My Wife's Details
First Entry to UK - Tier 1 Dependent - Aug 2011
Left UK - Apr 2012 (for child's delivery in india)
Blessed with Baby born in India
Both my wife & baby still in India.
Wife's Tier 1 Dependent Visa expired - June 2013.
Wife not a degree holder.

My question is, in which category I should apply visa for my wife and child.
Partner of a British citizen or settled person ? or PBS Dependent as she entered UK before?

It's different because your wife's leave has expired and child was born outside the UK.

Applying as Family of British citizens and settled persons is possible.

[maddyinlon]

My question is, in which category I should apply visa for my wife and child.
Partner of a British citizen or settled person ? or PBS Dependent as she entered UK before?

Hi Emuser,

I believe your wife and child should apply under partner and child of settled person respectively. In your wife's case you may need to ask her to write TOEFL / IELTS exam to satisfy english language requirement.

[maddyinlon]

Try bringing back your UK-born child as a visitor before your wife's leave expires.

Thanks for advice Vinny. I never thought I can bring Child as a visitor. I will try to do that once I got my ILR. I will try to pre-pone my ILR to make things quicker.

[maddyinlon]

Try bringing back your UK-born child as a visitor before your wife's leave expires.

Thanks for advice Vinny. I never thought I can bring Child as a visitor. I will try to do that once I got my ILR. I will try to pre-pone my ILR to make things quicker.

Hi Vinny,
I thought I would let you know this. I have applied for ILR on Aug 23rd and its been successful and received BRP on Aug 30. I have applied for Child Visitor visa for my baby from India (on Sep 2nd) and home office took good amount of time (returned documents yesterday) and refused application stating that mother's visa expires on September 20.

Exact words from UK Visas & Immigration...

You state that you will be visiting your father in the UK and that your parents will be responsible for you in the UK.
You will travel with your mother to the UK.
Her visa expires on 20/09/2013
You are not able to accompanied by any other person and therefore you cannot undertake this journey as stated.
Therefore, you have failed to provide any satisfactory evidence that suitable arrangements have been put in place for your travel to reception, care and accommodation in the UK or that you will be maintained and accommodated without recourse to public funds (Paragraph 46a(ii)(iv)HC 395).

It is bit unfortunate that British high commission kept application from September 3rd, processed from September 9th and took decision on 19th and posted documents on 23rd.....

So frustrating, coming this close to get visa and refused. If they had processed and bit earlier (I didn't had chance to apply earlier as I need to wait until I receive my BRP), application might have been successful.

Now I have to apply ILE (VAF4A) for both my wife and baby and it will take ages


Anyways, Thanks again for your suggestions on my case earlier.

[vinny]

That was unfortunate.

They may not get ILE.