dependent visa

[bhem_bhem]

hello,, i need your advice pls.. i want to lodge my sons application next month but i'm not quite sure about the financial evidences (i belong to the old rules so i don't really need to meet the new financial requirements). my situation is i'm just going to start my job this month so basically if i'll lodge my application next month, i can only give them one payslip and since i'm just new of that job i won't get an employment contract till i'm with them for 6 months. i do have fair amount on my savings account but it is a joint account with my hubby. will this be enough? thnx..:smile:

[joebloggs]

i think your husband will have to sponsor your son and you co-sponsor the application, i take it you don't have ILR ?

not so sure about the financial requirement because your under the old rules, where have you seen this ? ( i dont know !) then again your son is your dependent so what ever happens to you visa wise should happen to him..

[sars_notd_virus]

hello,, i need your advice pls.. i want to lodge my sons application next month but i'm not quite sure about the financial evidences (i belong to the old rules so i don't really need to meet the new financial requirements)

I think you and your husband must meet the financial requirement to sponsor your child.

[joebloggs]

I think you and your husband must meet the financial requirement to sponsor your child.

old rules or new rules, depend what he earns now if its under the new rules, he needs to be earning £22,400.

[bhem_bhem]

ahh,, coz when i asked my case worker she said that i really don't need to meet the financial requirement,, everything that i prepared when i applied for my spousal visa will just be the same with my son. so my husband then will be my sons main sponsor then i'll be the co sponsor. :)

[bhem_bhem]

i'm on spousal visa at the mo joe.. :)

[Terpe]

hello,, i need your advice pls.. i want to lodge my sons application next month but i'm not quite sure about the financial evidences (i belong to the old rules so i don't really need to meet the new financial requirements). my situation is i'm just going to start my job this month so basically if i'll lodge my application next month, i can only give them one payslip and since i'm just new of that job i won't get an employment contract till i'm with them for 6 months. i do have fair amount on my savings account but it is a joint account with my hubby. will this be enough? thnx..:smile:

Yes, as far as I know sars is correct, you'll need to meet the Financial Requirement

Family life as a child of a parent with limited leave as a partner or parent (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-child)

Please do review the above link, share it with your caseworker and ask why she believes you do not need to meet the Financial Requirement.
If you discover any new information please do share it here for others who may be in similar circumstances.

[joebloggs]

i would have thought what you was told is correct, as what ever happens to you visa wise should happen to your dependent son, but i would give UKBA help line a check and make sure that is correct last thing you want is to waste money on a refused visa.

yes as your not settled in the UK, i take it you dont have ILR?? he would be the sponsor and you co-sponsor him.

[bhem_bhem]

Yes, sars is correct, you'll need to meet the Financial Requirement

Family life as a child of a parent with limited leave as a partner or parent (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-child)

Please do review the above link

i'm really confused now of their rules,, so does it mean i can't lodge his visa next month coz i've just started working? my hubby is earning £1600 a month and i'll be earning £900-£1000 a month,,

[bhem_bhem]

i would have thought what you was told is correct, as what ever happens to you visa wise should happen to your dependent son, but i would give UKBA help line a check and make sure that is correct last thing you want is to waste money on a refused visa.

yes as your not settled in the UK, i take it you dont have ILR?? he would be the sponsor and you co-sponsor him.

yeah.. i'm really worried now,, that case worker mislead me..

[joebloggs]

maybe they didn't mislead you, they probably didn't know and made a genuine mistake,,,
give the helpline a call to make sure, don't take the risk because from what you've said, it doesn't look like you meet the financial threshold at the moment.

[Terpe]

i'm really confused now of their rules,, so does it mean i can't lodge his visa next month coz i've just started working? my hubby is earning £1600 a month and i'll be earning £900-£1000 a month,,

Sorry maybe I confused you.
What we are saying is that you do not have settled status (ILR) so your options are limited as a sponsor and you'd need to meet the new FM rules.

However, your husband could become the main sponsor and that might mean the new FM rules may not apply as he is settled (British Citizen).

I try and find the appropriate UKBA rules and see if that is indeed the case.

Finger crossed while I try to find the details.
Immigration rules are not well cross referenced these days so I double check just in case.

[bhem_bhem]

maybe they didn't mislead you, they probably didn't know and made a genuine mistake,,,
give the helpline a call to make sure, don't take the risk because from what you've said, it doesn't look like you meet the financial threshold at the moment.

yeah,, probably the case worker think that i'll just bring my son when i've got my ILR..

[joebloggs]

i cant see you being excluded from the minimum income threshold, i know you are under the old rules and you will be until you get ILR, but i cant see the gov allowing dependent applications under the old rules after July because that's what they want to control and reduce.:NoNo:

[bhem_bhem]

Sorry maybe I confused you.
What we are saying is that you do not have settled status (ILR) so your options are limited as a sponsor and you'd need to meet the new FM rules.

However, your husband could become the main sponsor and that would mean the new FM rules may not apply as he is settled (British Citizen)

Hope that helps

I try and find the appropriate UKBA rules for you.

thnx terpe.. hope it'll be good.. :bigcry:

[bhem_bhem]

i cant see you being excluded from the minimum income threshold, i know you are under the old rules and you will be until you get ILR, but i cant see the gov allowing dependent applications under the old rules after July because that's what they want to control and reduce.:NoNo:

yeah,, i really want to lodge my sons visa asap coz the rules might change again..

[Terpe]

Well, to me it doesn't look good.

It needs a couple of readings but OK this is what I found so far:-

Here are the Immigration Directorate Instructions (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/children.pdf?view=Binary)

And here's a link to the Immigration Rules (paragraphs 297-300) (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children)

They do actually say the same.

To me, on a simple basis, it's a decision between Part 1 and Part 2 (don't want to get into the 'Compelling case' just yet)

The circumstances described (one parent settled and one parent limited leave) appear to more closely match Part 2 means Financial Requirement.

Can others please review and provide comment on their understanding?
Sometimes the more you read it the more confusing it gets

I still believe FM applies and still suggest you discuss further with that case worker.

[bhem_bhem]

ok.. thnx a lot terpe.. i understand now that i have to meet the financial requirements,, since i'm just going to start working, my wages is not valid to my sons application so my husband will be his sponsor. as what i have mentioned earlier, my hubby is earning £1600 a month/£19200 a year so that means i need £24k cash savings to qualify. we do have that amount of savings but i wonder if is it a must that it is in our bank account for 6 months? some of our savings has been in my hubbys account for years but others just been put in our joint savings account 3 months ago. :bigcry:

[joebloggs]

your wages could count but you'll have to wait 6 months before you can apply,

[bhem_bhem]

your wages could count but you'll have to wait 6 months before you can apply,

if comes to worst then yeah i might just leave it till july, just a bit worried that rules will change again,, fingers cross they won't..:NoNo:

[Terpe]

ok.. thnx a lot terpe.. i understand now that i have to meet the financial requirements,, since i'm just going to start working, my wages is not valid to my sons application so my husband will be his sponsor. as what i have mentioned earlier, my hubby is earning £1600 a month/£19200 a year so that means i need £24k cash savings to qualify. we do have that amount of savings but i wonder if is it a must that it is in our bank account for 6 months? some of our savings has been in my hubbys account for years but others just been put in our joint savings account 3 months ago. :bigcry:

Yes, any savings used in the requirement needs to have been held for at least 6 months.
But why are you thinking you need £24k savings?

[bhem_bhem]

Yes, any savings used in the requirement needs to have been held for at least 6 months.
But why are you thinking you need £24k savings?

how much exactly we need to show on our savings account?

[joebloggs]

how much exactly we need to show on our savings account?

22,400-19,200 = 3,200*2.5 = 8,000+16,000=24,000 :biggrin:

[bhem_bhem]

22,400-19,200 = 3,200*2.5 = 8,000+16,000=24,000 :biggrin:

yeah thats how i calculated it,, i thought for a bit that they've changed it again as terpe was asking why was i thinking i need £24k.. :smile:

this visa thing is really complicated and confusing,, :doh

[Terpe]

Yes.
I wasn't thinking that they'd apply the full amount for a single application.
Normally the extra amount for children is applied as an additional amount above that for a partner.
Hmmm

I guess that must be it then. Is that how you understand it joe?

PS: Yes joe is correct. I just thought about the logic. Anything else would be a loophole.

[bhem_bhem]

looks like i have to wait for 6 months again,, i'm gutted as i'm really expecting to lodge it next month,, i feel sorry for my son as he is looking forward to it,, :bigcry:

[joebloggs]

Yes.
I wasn't thinking that they'd apply the full amount for a single application.
Normally the extra amount for children is applied as an additional amount above that for a partner.
Hmmm

I guess that must be it then. Is that how you understand it joe?

PS: Yes joe is correct. I just thought about the logic. Anything else would be a loophole.

i would have thought so, maybe i'm wrong :Erm:, i think you need to look at it from the sponsors side, her husband has sponsored his wife so needs £18.6k and later sponsors her son so would need to show £18.6+£3,800 = £22,400

bhem give the UKBA helpline a call about if your son would come under the old rules, as that what the case worker told you, i doubt he does, but check :xxgrinning--00xx3:

[bhem_bhem]

Ok I will.. Thnx joe and terpe for ur advice.. :)

[bhem_bhem]

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a1.pdf

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS:
• The adult dependant relative of a person who is present and settled in the UK; or
• The adult dependant relative of a person with limited leave to enter or remain in the UK as a refugee or as the beneficiary of humanitarian protection; or
• The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before
9 July 2012.
IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

they shouldn't put this on the form coz it contradicts itself. i might complain to ukba as this will mislead to a lot of people. :NoNo:

[Tinker]

Sorry maybe I confused you.
What we are saying is that you do not have settled status (ILR) so your options are limited as a sponsor and you'd need to meet the new FM rules.

However, your husband could become the main sponsor and that might mean the new FM rules may not apply as he is settled (British Citizen).

I try and find the appropriate UKBA rules and see if that is indeed the case.

Finger crossed while I try to find the details.
Immigration rules are not well cross referenced these days so I double check just in case.

Please do Terpe, I am looking forward for that info from yours, I also planning to get my son in here before he reach turn 18 on Dec, and I am collecting some info, my visa is limited leave to remain as well...
thanks for this thread bhem-bhem..:xxgrinning--00xx3:

[Tinker]

Well, to me it doesn't look good.

It needs a couple of readings but OK this is what I found so far:-

Here are the Immigration Directorate Instructions (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/children.pdf?view=Binary)

And here's a link to the Immigration Rules (paragraphs 297-300) (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children)

They do actually say the same.

To me, on a simple basis, it's a decision between Part 1 and Part 2 (don't want to get into the 'Compelling case' just yet)

The circumstances described (one parent settled and one parent limited leave) appear to more closely match Part 2 means Financial Requirement.

Can others please review and provide comment on their understanding?
Sometimes the more you read it the more confusing it gets

I still believe FM applies and still suggest you discuss further with that case worker.

oopppss, i didnt scrool down, the info was posted already...thanks Terpe..

[bhem_bhem]

Please do Terpe, I am looking forward for that info from yours, I also planning to get my son in here before he reach turn 18 on Dec, and I am collecting some info, my visa is limited leave to remain as well...
thanks for this thread bhem-bhem..:xxgrinning--00xx3:

your welcome.. :)