How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6313
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi Me and my son 5 years old we are Tier dependent on my

Customer Question

Hi
Me and my son 5 years old we are Tier dependent on my wife, her visa is on the Tier 4 student. All of us our visa is expiring on the same day next month but only me I qualify for long residency 10 years lawful and they cannot apply as my dependent otherwise my application will be refused because they cannot meet the requirement 10 years, my wife is here only 9 years .so how can they stay legally in uk without applying with me and she cannot extend her visa as student as she has completed her MBA and she been here more than 5 years this year she will be 9 years. Which application form can she send with my son so they can keep them legal in the UK.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What is your annual income please?

Tom
Customer: replied 1 year ago.
24 000 per year
Expert:  Thomas replied 1 year ago.
Hi

I will answer at 9

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It’s a very tricky situation.

You will apply for ILR but your wife/son will not be able to apply for a spouse visa at that time because you will obviously not have ILR until the application is determined.

Your annual income is sufficient so that once you have been grated ILR then they will be able to switch to a spouse visa. The question is what to apply for in the intervening time.

If she cannot apply to extend her student visa and cannot switch to a Tier 2 sponsored skilled work visa then the only application that she can make is a discretionary application for Further Leave To Remain.

This is an application outside the normal immigration rules. It is where you ask the UKBA to grant leave to remain where technically there is no visa category for which they are eligible. It is a very specialist application and you would need a solicitor to do it for you.

If you are successful in obtaining ILR then your wife and your son will likely eventually be able to secure leave to remain here. The discretionary application will likely take some time to determine, so it might be that you obtain ILR before it is determined so that a spouse visa application can be submitted after withdrawing the discretionary application.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom



Customer: replied 1 year ago.

HI THANKS FOR YOUR REPLY,


I FORGOT TO MENTIONED BEFORE WHEN I APPLIED FOR MY LONG RESIDENCE 10 YEARS I HAVE MET ALL THE REQUIREMENT. THE ONLY ISSUE IS MY PASSPORT EXPIRED ON 12 OF JANUARY 2013 AND I SUBMITTED MY APPLICATION (SET 0) ON THE 29 OF JANUARY 2013 WITH THE SAME PASSPORT BUT I STILL GOT VISA UNTIL 5 FEBRUARY 2013.


DO YOU THINK UKBA CAN REFUSE MY APPLICATION BECAUSE I SUBMITTED MY APPLICATION WITHOUT A VALID PASSPORT OR THEY WILL REQUEST FOR MY NEW PASSPORT.


IF I REQUEST MY NEW PASSPORT FROM MAURITIUS HOW CAN I SEND IT TO THE UKBA.

Expert:  Thomas replied 1 year ago.
Hi

Please rate my answer and I shall respond


Tom
Expert:  Thomas replied 1 year ago.
Hi

Please rate my answer and I shall respond


Tom
Thomas, Solicitor
Satisfied Customers: 6313
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I FORGOT TO MENTIONED BEFORE WHEN I APPLIED FOR MY LONG RESIDENCE 10 YEARS I HAVE MET ALL THE REQUIREMENT. THE ONLY ISSUE IS MY PASSPORT EXPIRED ON 12 OF JANUARY 2013 AND I SUBMITTED MY APPLICATION (SET 0) ON THE 29 OF JANUARY 2013 WITH THE SAME PASSPORT BUT I STILL GOT VISA UNTIL 5 FEBRUARY 2013.


 


DO YOU THINK UKBA CAN REFUSE MY APPLICATION BECAUSE I SUBMITTED MY APPLICATION WITHOUT A VALID PASSPORT OR THEY WILL REQUEST FOR MY NEW PASSPORT.


 


IF I REQUEST MY NEW PASSPORT FROM MAURITIUS HOW CAN I SEND IT TO THE UKBA.

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

Customer: replied 1 year ago.

THANKS AND TO SPONSORE MY DEPENDANT IN FUTURE ON FLR M APPLICATION FORM HOW MANY MONTH DO I NEED TO SHOW MY EARNING MY EARNING

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

Customer: replied 1 year ago.

SORRY I AM CONFUSED DO I NEED TO SHOW ONE MONTH OR SIX MONTHS PAYSLIP BECAUSE I JUST STARTED A JOB AND I AM EARNING £24 000.


DO YOU THINK THEY WILL ASK ME PAYSLIP IN THE PAST 6 MONTHS BECAUSE I WAS NOT WORKING BEFORE

Expert:  Thomas replied 1 year ago.
Hi,

What was your annual income before you started this job?

Tom
Customer: replied 1 year ago.

BEFORE I WAS NOT WORKING I HAVE MY OWN COMPANY AND I AM THE DIRECTOR BUT I WAS NOT GETTING PAID FROM JANUARY 2013 MY ACCOUNTANT PUT ME ON PAY ROLL SO I CAN SHOW ONLY FOR ONE MONTH PAYSLIP AT THE MOMENT 24000 PER YEAR

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

Customer: replied 1 year ago.

BEFORE I DID NOT GET PAID I STARTED GETTING PAID FROM JANUARY 2013

Expert:  Thomas replied 1 year ago.
Hi,

What did your wife earn (per year) in the time that you were not being paid?

Tom
Customer: replied 1 year ago.

SHE IS NOT WORKING


 

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience