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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I am a Pakistani National and currently on a student visa. I

Resolved Question:

Hi, I am a Pakistani National and currently on a student visa. I will qualify for Long Residence ILR (10 years route) in Jan/17. My wife will join me in the UK on a student dependent. What happens to my wife's status when I apply for ILR (she would be on a student dependent visa at that time)?
Submitted: 11 months ago.
Category: Law
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 11 months ago.
Hi Nicola, Any idea about est time to find the appropriate processional?
Thanks
Muhammad
Expert:  Nicola-mod replied 11 months ago.
Hello,
We will continue to look for a Professional to assist you. I'm afraid JustAnswer cannot guarantee a time, however most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 11 months ago.

1. Dear Muhammad, there will be no change in your wife's status should you get Indefinite leave to Remain. Your wife will remain a Student Dependent until that visa runs out, or she applies for a new visa. However, your wife can apply for a spousal visa as the spouse of a settled person. This will give her greater rights than a Student Dependent visa, as any time she spends on a spousal visa can count towards the necessary five years continuous residence for Indefinite Leave to Remain. However, you should apply for citizenship after one year on Indefinite Leave to Remain. Once you have citizenship, your wife can then get a visa as the spouse of a UK citizen. Be aware that if you have children, you will be able to bring them TO the UK IF you have ILR.

Expert:  Buachaill replied 11 months ago.

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Customer: replied 11 months ago.
Hi Buachill, Many thanks for your response. If my wife were to apply spouse visa (of a settled person), will she need to show the maintenance funds? On a 10 year ILR route main applicant does not have to show any income (if not switching from Tier 2).
Thanks
Muhammad
Expert:  Buachaill replied 11 months ago.

3. Under the five year route there are requirements as regards ***** ***** also savings. These are as follows:-

  1. (a) a specified gross annual income of at least-
    1. (i) £18,600;
    2. (ii) an additional £3,800 for the first child; and
    3. (iii) an additional £2,400 for each additional child; alone or in combination with
  2. (b) specified savings of-
    1. (i) £16,000; and
    2. (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income (from the sources listed) and the total amount required under paragraph No.1 above.
Customer: replied 11 months ago.
Thanks for your reply. I will be a student upon completion of 10 years in the UK. Home Office page does not mention any requirements of minimum income (on 10 year route) or am I missing something?https://www.gov.uk/long-residence/eligibilityThanks
Muhammad
Expert:  Buachaill replied 11 months ago.

4. Dear Muhammad, I regret to say you are not correct in your assertion that there is no minimum income requirement for your wife to become settled in the UK. That would only apply if you were a refugee or received humanitarian protection. As you have not become settled in the UK as a refugee, the usual income and savings limits which apply will continue to apply to your wife. There is no exemption from the income limits and savings limits on a 10 year route. Such an exemption only applies to refugees or those who receive humanitarian protection. However, for you, in getting your 10 year settlement visa, there are no income requirements. The income and savings requirements only apply when you wish to bring another dependent, either into the UK or to seek settlement. They don't apply to the principal applicant.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience: Barrister 17 years experience
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