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Unable to meet Financial Requirements
Posted: Sun Oct 05, 2014 2:21 pm
by cliff1961
I am planning to bring my Fiancée' into the UK and get married soon, but looking ahead into FLR and ILR.
If a person had an income over the £18,600 financial requirements and entry for the Fiancée' was cleared what would happen within the 1-5 years the person lost their job or Disability and unable to meet the Financial requirements ??
Not sure but I was told they are put on a 10 year path for ILR rather than 5 . . . . if this is true
QUESTION:
What happens after the 10 years do the partner automatically qualify for ILR even though they are unable to meet the Financial requirements of £18,600 ?
I appreciate you help and support !
Re: Unable to meet Financial Requirements
Posted: Mon Oct 06, 2014 1:32 pm
by Leesah
Hi cliff,
I'm a US citizen married to a British citizen. Basically,I think your fiance must apply first for a 6 month spouse visa ( and you must marry within that time frame).W did this,after which I applied for and received a 2 year "permanent residency" visa. Generally you are interviewed after the 2 years and if they are satisfied that you are still happily married and intend to stay that way,permanent residency visa is approved. What happened to us though, is we went to the Republic if Ireland for 3 & 1/2 years on a contract project, which unbeknownst to us basically re-set MY immigration, and upon returning to the UK was told I would have to return to either Ireland or the US for 10 weeks to apply for re-entry as a permanent resident. Since that was completely out of the question for us, we contacted an immigration attorney. What he did was re-submit my application as "the spouse of an EU citizen" instead of "spouse of a UK citizen", which was ultimately accepted for my permanent residency. ( and this was BEFORE my husband went back to work in the UK, so we really had no income, but did have cash and assets) Since your fiancee is coming from another EU country, this should be easier for you than it was for me. Seriously though, I think you will need to pursue the proper visas FIRST, and then look into an IRL after she has lived here 5 years. Best advice I could give you is to consult a good immigration attorney for a consultation to advise you of the proper steps, which shouldn't cost you more than £100...... GOOD LUCK!
Leesah
Re: Unable to meet Financial Requirements
Posted: Mon Oct 06, 2014 1:43 pm
by Casa
There's no mention of the Op's fiance coming from another EU country.
If someone on the 5 year route to permanent settlement is unable to meet the financial conditions at the 2.5 year stage they should be issued with FLR(FP), especially if they have a child with the settled spouse. This however, is a much longer route to qualify for ILR.
Re: Unable to meet Financial Requirements
Posted: Mon Oct 06, 2014 1:48 pm
by cliff1961
Before July 2012 this was the occasion after 2 years and still living together you automatically qualify as a permanent resident . . .
But regardless Spouse or Fiancée visa since 2012 you have to meet Financial requirements.
Spoke to one Immigration attorney if Financial requirements are not met at any time before ILR she has to return ?
Spoke to UKBA in Croydon and stated you have to fill our a FLR (FP) application form and request permanent residence
(No Guarantee)
Immigration Attorney was wrong !
Re: Unable to meet Financial Requirements
Posted: Mon Oct 06, 2014 4:03 pm
by Casa
UKBA in Croydon gave the correct advice. But why are you worrying now about something in the future that may never happen?
