ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

SET (M) Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

Loss of Job prior to ILR Application

Post by Sorley » Wed Jan 24, 2018 5:35 pm

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?

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Loss of Job prior to ILR Application

Post by CR001 » Thu Jan 25, 2018 9:53 am

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?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

Re: Loss of Job prior to ILR Application

Post by Sorley » Thu Jan 25, 2018 4:35 pm

Its the latter i.e. spouse applying for ILR via 5 year route.

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Loss of Job prior to ILR Application

Post by CR001 » Thu Jan 25, 2018 4:48 pm

Does your spouse work?

For ILR, all the same requirements must be met as you had to meet for the spouse visas.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

Re: Loss of Job prior to ILR Application

Post by Sorley » Thu Jan 25, 2018 7:06 pm

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.

Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

Re: Loss of Job prior to ILR Application

Post by Sorley » Tue Jan 30, 2018 1:02 pm

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

dushyant
Newly Registered
Posts: 9
Joined: Tue Jan 23, 2018 8:49 am
United Kingdom

Re: Loss of Job prior to ILR Application

Post by dushyant » 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.

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Loss of Job prior to ILR Application

Post by CR001 » Tue Jan 30, 2018 3:37 pm

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??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Loss of Job prior to ILR Application

Post by secret.simon » 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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

Re: Loss of Job prior to ILR Application

Post by Sorley » Thu Feb 01, 2018 9:31 am

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?

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 5:49 pm
Pakistan

Re: Loss of Job prior to ILR Application

Post by naveediiqbal » Thu Feb 01, 2018 10:37 am

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?

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Loss of Job prior to ILR Application

Post by secret.simon » Thu Feb 01, 2018 3:52 pm

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);...
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Sorley
Newly Registered
Posts: 6
Joined: Wed Jan 24, 2018 1:24 pm
United Kingdom

SET (M) Application

Post by Sorley » Mon Feb 05, 2018 1:32 pm

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.

Locked