Category B query

[Kayadaman]

Hi

My case seems to be very complex. I am British and have one child and another on the way. My husband is on DLR based on article 8. We would like to switch to a spouse visa instead.

The issue is the financial requirements. He was working for an agency for 9 months and has a fluctuating weekly income as some weeks he worked 15 hours and others he worked 45 hours. Just last week, the company has directly taken him on so he now is their employee rather than an agency worker. His current income going forward i £9.50 per hour and he is on a 20 hour weekly contract.

I am a full time student (undergraduate). I receive income from Student Finance in the form of hrants and a loan in addition to £2500 bursary from the university.

The granta from Student Finance consist of:

1. Childcare grant of £8200
2. Maintenance grant of £3593
3. Parent learning allowance of £1669
4. Adult dependanta grant of £2697

The total is over £16000 tax free and for the full academic year. I will receive the same the next 2019/2020 academic year.

Now, in their guidance, the HO have not specified the type of grant that they accept. I have contacted 9 solicitors and they seem clueless.

I have reached out to my MP also to get an answer from the HO but to no avail.

Please can someone tell me if we would be able to satisfy the financial requirements or not and if they can show me where I can get answers.

His DLR expires in 8 months.

Thank you in advance.

[Londoner007]

I see why solicitors are confused. You cannot use loans to meet financial requirements. However, if you were to deposit the full grant in a savings account and have held it for over 6 months, you can possibly use it make shortfall.

So if your husband makes less than £18,600, you can makeup shortfall by adding anything over £16,000 in savings, as first 16,000 in savings are disregarded. But then you can still fail because it was from a loan.

It would be better for your husband or you both to get jobs (even combined) which earns you £18,600 and then apply.

[Kayadaman]

I see why solicitors are confused. You cannot use loans to meet financial requirements. However, if you were to deposit the full grant in a savings account and have held it for over 6 months, you can possibly use it make shortfall.

So if your husband makes less than £18,600, you can makeup shortfall by adding anything over £16,000 in savings, as first 16,000 in savings are disregarded. But then you can still fail because it was from a loan.

It would be better for your husband or you both to get jobs (even combined) which earns you £18,600 and then apply.

Thank you for your response.

I am unsure where you got the word “loan” from as all of the mentioned forms of income are grants as stated. They are tax free and non repayabale i.e grants.

[Londoner007]

"I am a full time student (undergraduate). I receive income from Student Finance in the form of hrants and a loan in addition to £2500 bursary from the university."

Unless you are under full scholarship, what you are given is a loan from student finance.

[Londoner007]

If it's a true grant with no requirement of paying it back then you can use possibly use the 6 months savings method. Of course, you'd need to declare the source of funds as grants.

[Kayadaman]

"I am a full time student (undergraduate). I receive income from Student Finance in the form of hrants and a loan in addition to £2500 bursary from the university."

Unless you are under full scholarship, what you are given is a loan from student finance.

That is incorrect. Elegible students receive grants. I do receive a loan but I have not included it in this discussion as set out in the list of grants and figures above.

[Kayadaman]

If it's a true grant with no requirement of paying it back then you can use possibly use the 6 months savings method. Of course, you'd need to declare the source of funds as grants.

The first £16000 is deducted for savings so its not really going to do much to be honest based on what you are saying.

[Kayadaman]

Hi

My husband is on Discretionary leave to remain and would like to switch to a spouse visa, he is currently in the UK so not applying for entry clearance but just to enter the 5 year route rather than the long 10 year route.

I have been offered a Salaried job today part time with a gross annual income of £12000

My husband has been employed for less than 6 months and non salaried and is working part time with a gross annual salary of £9000. Please note he was working before the new company with another company for months. His total earnings since April this year are £8000 gross.

How soon would we be able to apply or do we need to wait till we both are working for at least 6 months.

I am reading the guidance and it seems that with category salaried employment the last wage slips is multiplied by 12 so even one is enough. So this would mean me working one month and then applying would be sufficient.
However, it mentions that I would need to prove that I satisfied requirements within the last 12 months of applying. If I used my husbands income, would we be able to satisfy the requirements and apply in January?

Thank you and sorry for the confusion.

[CR001]

Multiple Topics (click)

[CR001]

How long has he been on DLR?

What is his full UK immigration history?

[Kayadaman]

How long has he been on DLR?

What is his full UK immigration history?

He has been on DLR since August last year after having his asylum refused based on article 8.

We want to switch to a spouse visa, there is over a year left for his DLR to expire but we want to switch sooner.

[CR001]

His clock towards ILR will be reset to zero, just so that you are aware, and he will need 2 x 2.5 year spouse visas before he qualifies for ILR.

He also needs English language A1 or A2 for spouse visa and for ILR he will need English B1 and Life in the UK test too. He is currently exempt from these tests for DLR extension and ILR.

Also be aware that the Immigration Health Surcharge will be increasing in 20 days from £500 to £1000 for a spouse visa.

[Kayadaman]

His clock towards ILR will be reset to zero, just so that you are aware, and he will need 2 x 2.5 year spouse visas before he qualifies for ILR.

He also needs English language A1 or A2 for spouse visa and for ILR he will need English B1 and Life in the UK test too. He is currently exempt from these tests for DLR extension and ILR.

Also be aware that the Immigration Health Surcharge will be increasing in 20 days from £500 to £1000 for a spouse visa.

Yes I am aware that the IHS will increase to £1000 subject to parliamentary approval an that his IRL will reset to zero but it will be 8 years an a half left if he continues with DLR so 5 years would be much wiser via the spouse visa. He already has an A2 so no problem there.

The issue is whether the figures that I provided would satisfy the financial requirements.

[CR001]

His clock towards ILR will be reset to zero, just so that you are aware, and he will need 2 x 2.5 year spouse visas before he qualifies for ILR.

He also needs English language A1 or A2 for spouse visa and for ILR he will need English B1 and Life in the UK test too. He is currently exempt from these tests for DLR extension and ILR.

Also be aware that the Immigration Health Surcharge will be increasing in 20 days from £500 to £1000 for a spouse visa.

Yes I am aware that the IHS will increase to £1000 subject to parliamentary approval an that his IRL will reset to zero but it will be 8 years an a half left if he continues with DLR so 5 years would be much wiser via the spouse visa. He already has an A2 so no problem there.

The issue is whether the figures that I provided would satisfy the financial requirements.

It has been approved, see second and third posts in link below.

immigration-for-family-members/ihs-fee- ... l#p1707876

You stated he has DLR, which would be 6 years to ILR.

If he is on the 10 year route, then he has FLR(FP) and not DLR.

[Kayadaman]

His clock towards ILR will be reset to zero, just so that you are aware, and he will need 2 x 2.5 year spouse visas before he qualifies for ILR.

He also needs English language A1 or A2 for spouse visa and for ILR he will need English B1 and Life in the UK test too. He is currently exempt from these tests for DLR extension and ILR.

Also be aware that the Immigration Health Surcharge will be increasing in 20 days from £500 to £1000 for a spouse visa.

Yes I am aware that the IHS will increase to £1000 subject to parliamentary approval an that his IRL will reset to zero but it will be 8 years an a half left if he continues with DLR so 5 years would be much wiser via the spouse visa. He already has an A2 so no problem there.

The issue is whether the figures that I provided would satisfy the financial requirements.

It has been approved, see second and third posts in link below.

immigration-for-family-members/ihs-fee- ... l#p1707876

You stated he has DLR, which would be 6 years to ILR.

If he is on the 10 year route, then he has FLR(FP) and not DLR.

Thanks, I was not aware of it being approved so soon! Anyhow, it shouldn't be a big issue.

He was awarded Discretionary Leave to Remain by the upper tribunal and the HO letter confirm that it's the 10 year route.

Just to clarify, the accommodation, language, relationship including article 8 British children etc are all satisfied. My concern is the financial requirements.