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Loss of Job prior to ILR Application
Posted: Wed Jan 24, 2018 5:35 pm
by Sorley
Hello, looking for some advice as to what the options are should the sponsor lose their job in the run up to applying for a settlement visa? For example if the sponsor had been in employment for lets say 9 out of the 12 months prior to the application date, the income earned over that period more than exceeded the £18600 threshold; would this meet the financial requirement even though the sponsor at the time of applying was temporarily out of work?
Re: Loss of Job prior to ILR Application
Posted: Thu Jan 25, 2018 9:53 am
by CR001
You have posted in the ILR sub forum.
Are you asking about a spouse visa or a spouse applying for ILR after 5 years on a spouse visa?
Re: Loss of Job prior to ILR Application
Posted: Thu Jan 25, 2018 4:35 pm
by Sorley
Its the latter i.e. spouse applying for ILR via 5 year route.
Re: Loss of Job prior to ILR Application
Posted: Thu Jan 25, 2018 4:48 pm
by CR001
Does your spouse work?
For ILR, all the same requirements must be met as you had to meet for the spouse visas.
Re: Loss of Job prior to ILR Application
Posted: Thu Jan 25, 2018 7:06 pm
by Sorley
No she does not work. I'm looking to establish what the options are should I as a sponsor temporarily lose my job before the application is due and not be able to secure a new job before the application deadline.
Re: Loss of Job prior to ILR Application
Posted: Tue Jan 30, 2018 1:02 pm
by Sorley
Hi, appreciate there is a lot of posts on here, however is there a chance I could have an answer to this one? Or indeed let me know where I can take the question. Thanks very much
Re: Loss of Job prior to ILR Application
Posted: Tue Jan 30, 2018 3:34 pm
by dushyant
Do you have £18600 in savings? You could satisfy the financial requirement via savings instead of via a salary.
Re: Loss of Job prior to ILR Application
Posted: Tue Jan 30, 2018 3:37 pm
by CR001
dushyant wrote: ↑Tue Jan 30, 2018 3:34 pm
Do you have £18600 in savings? You could satisfy the financial requirement via savings instead of via a salary.
Where does that figure come from re using savings to meet the requirement??
Re: Loss of Job prior to ILR Application
Posted: Wed Jan 31, 2018 11:10 am
by secret.simon
dushyant wrote: ↑Tue Jan 30, 2018 3:34 pm
Do you have £18600 in savings? You could satisfy the financial requirement via savings instead of via a salary.
Yes, you can satisfy the financial requirements using savings. But it is not a one-to-one match.
To make up earnings of £18,600, you need savings of £62,500.
There is a formula for calculating how much savings is needed to make up a shortfall in earnings.
Of any savings, the first £16,000 is ignored. Thereafter, every £2.5 in savings compensates for a £1 shortfall in earnings. So, for instance, if one is earning £18,000 (a shortfall of £600), one would need savings of ((£600 x 2.5)+16,000) = £17,500. So, a savings of £17,500 compensates for a shortfall of just £600 in earnings.
Re: Loss of Job prior to ILR Application
Posted: Thu Feb 01, 2018 9:31 am
by Sorley
My savings alone will not meet the requirement. I really just need to know what the options are and what I would need to do in the event of a loss of job, prior to the application, without having secured a job before the deadline to apply for Settlement.
Is it best to apply anyway with an explanation of the circumstances?
Is there another type of application for these circumstances?
Does having two infants make any difference?
My income more than exceeds the requirement and has done for a number of years - would this be taken into account with a temporary loss of job at that time?
Would the Government be likely to put us on the ten year route in these circumstances?
Re: Loss of Job prior to ILR Application
Posted: Thu Feb 01, 2018 10:37 am
by naveediiqbal
secret.simon wrote: ↑Wed Jan 31, 2018 11:10 am
dushyant wrote: ↑Tue Jan 30, 2018 3:34 pm
Do you have £18600 in savings? You could satisfy the financial requirement via savings instead of via a salary.
Yes, you can satisfy the financial requirements using savings. But it is not a one-to-one match.
To make up earnings of £18,600, you need savings of £62,500.
There is a formula for calculating how much savings is needed to make up a shortfall in earnings.
Of any savings, the first £16,000 is ignored. Thereafter, every £2.5 in savings compensates for a £1 shortfall in earnings. So, for instance, if one is earning £18,000 (a shortfall of £600), one would need savings of ((£600 x 2.5)+16,000) = £17,500. So, a savings of £17,500 compensates for a shortfall of just £600 in earnings.
Just Out of curiosity, where these savings compensating earning guidance is provided in immigration rules?
Re: Loss of Job prior to ILR Application
Posted: Thu Feb 01, 2018 3:52 pm
by secret.simon
naveediiqbal wrote: ↑Thu Feb 01, 2018 10:37 am
Just Out of curiosity, where these savings compensating earning guidance is provided in immigration rules?
Appendix FM of the Immigration Rules wrote:Financial requirements
E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-
(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000; and
(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 in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a);...
SET (M) Application
Posted: Mon Feb 05, 2018 1:32 pm
by Sorley
I really just need to know what the options are and what I would need to do in the event of a loss of job, prior to the application, without having secured a job before the deadline to apply for Settlement.
Is it best to apply anyway with an explanation of the circumstances?
Is there another type of application for these circumstances?
Does having two infants make any difference?
My income more than exceeds the requirement and has done for a number of years - would this be taken into account with a temporary loss of job at that time?
Would the Government be likely to put us on the ten year route in these circumstances?
My savings alone will not meet the requirement.