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: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
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

This answer was rated:

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.
Hi

What is your annual income please?

Tom
Customer: replied 4 years ago.
24 000 per year
Hi

I will answer at 9

Tom
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
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 4 years 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.

Hi

Please rate my answer and I shall respond


Tom
Hi

Please rate my answer and I shall respond


Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years 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.

Hi,

I don't think they will reject the application because your passport has expired. It does not mean that your citizenship of that country lapses.

If they approve the application then they will likely issue you with an immigration document separately. You will then have to obtian a new passport and then apply to the UKBA for a Transfer of Conditions so that ILR can be stamped in your new passport.

Tom
Customer: replied 4 years 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

Hi,

The financial requirements for her to apply for a spouse visa are shown here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Tom
Customer: replied 4 years 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

Hi,

What was your annual income before you started this job?

Tom
Customer: replied 4 years 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

Yes, but for the year before you started this job what income did you have? Or did you have no income at all?

This is a new question really, but I will answer anyway.

Tom
Customer: replied 4 years ago.

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

Hi,

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

Tom
Customer: replied 4 years ago.

SHE IS NOT WORKING


 

Hi,

You have a problem then. In order to qualify for a spouse visa you have to meet the financial requirements. This means (for most people without other income or savings) that you must have a slary of £18, 600.00.

You have to show that you have received this for a year. Where the job is recent you have to show that the income you received for the previous year was above the salary threshold.

ON this basis she would not qualify for a spouse visa.

Therefore, you are simply going to have to apply on a discretionary basis. You need a solicitor to act on your wife's behalf.

If you have any further issues you need to discuss please submit a further question to the board and request me by marking your question "FAO Tom" or by requesting by my profile.

TOm

Related UK Immigration Law Questions