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

Need HELP tricky topic

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

Locked
Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Need HELP tricky topic

Post by Ivann » Sat Dec 01, 2018 11:46 am

Hello all, if anyone could help please it will be massively appreciated.I am British citizen,but my wife and daughter need to apply for ILR next year - they are on spouse visa,extended 2 years ago,on 5 years route.Before I had a job earning over needed 22.4K but in meantime last year I change job and now earning 20K but in this package I have free of charge accommodation working as a house manager in residential block and part of my job package is 2 bedroom flat free of charge so we are not paying any rent and any bills at all.Employer is paying all.We are living in central London area.

I know on paper is less than 22.4K needed to meet requirements but in reality is that my salary package is over 50K because if we rent same size flat and pay all bills including council tax we are looking for me than 25-30K a year.

So do you think that any support letter with application will be helpful when times come for us to apply in order for them to understand or any opinions will be very much appreciated.

I hope I was clear enough .. many thanks !

Ivann

User avatar
Djsuccess
Diamond Member
Posts: 1178
Joined: Wed Jun 22, 2016 6:37 pm
United Kingdom

Re: Need HELP tricky topic

Post by Djsuccess » Sat Dec 01, 2018 3:43 pm

Ivann wrote:
Sat Dec 01, 2018 11:46 am
Hello all, if anyone could help please it will be massively appreciated.I am British citizen,but my wife and daughter need to apply for ILR next year - they are on spouse visa,extended 2 years ago,on 5 years route.Before I had a job earning over needed 22.4K but in meantime last year I change job and now earning 20K but in this package I have free of charge accommodation working as a house manager in residential block and part of my job package is 2 bedroom flat free of charge so we are not paying any rent and any bills at all.Employer is paying all.We are living in central London area.

I know on paper is less than 22.4K needed to meet requirements but in reality is that my salary package is over 50K because if we rent same size flat and pay all bills including council tax we are looking for me than 25-30K a year.

So do you think that any support letter with application will be helpful when times come for us to apply in order for them to understand or any opinions will be very much appreciated.

I hope I was clear enough .. many thanks !

Ivann
My understanding is the minim earning is required irrespective of your spending. Maybe you can discuss with our employer to increase your salary?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Re: Need HELP tricky topic

Post by Ivann » Sat Dec 01, 2018 4:09 pm

I don't understand how home office can justify this, because no one is able to live in London renting 2 bedroom flat ( minimum requirements with 1 child ) and living month through with required salary of 22.4K per annum which is something like 1.450 per month with all bills + c.tax, transportation,food ...this is virtually impossible because even in zone 6 or further this amount above will be just maybe enough to rent place and pay bills and c.tax maybe
.. without food, transportation,clothes etc etc ...

I really don't know how they look into these points ?

I will miss maybe 2K per annum ( difference from requested salary ) but again I Don't pay anything as I stated all above is paid by my company.

Thank you

User avatar
Djsuccess
Diamond Member
Posts: 1178
Joined: Wed Jun 22, 2016 6:37 pm
United Kingdom

Re: Need HELP tricky topic

Post by Djsuccess » Sat Dec 01, 2018 4:24 pm

Ivann wrote:
Sat Dec 01, 2018 4:09 pm
I don't understand how home office can justify this, because no one is able to live in London renting 2 bedroom flat ( minimum requirements with 1 child ) and living month through with required salary of 22.4K per annum which is something like 1.450 per month with all bills + c.tax, transportation,food ...this is virtually impossible because even in zone 6 or further this amount above will be just maybe enough to rent place and pay bills and c.tax maybe
.. without food, transportation,clothes etc etc ...

I really don't know how they look into these points ?

I will miss maybe 2K per annum ( difference from requested salary ) but again I Don't pay anything as I stated all above is paid by my company.

Thank you
I perfectly understand you. I will suggest you wait for more responses here or speak to a solicitor
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Need HELP tricky topic

Post by Casa » Sat Dec 01, 2018 4:31 pm

The pre-9th July 2012 Immigration Rules (which I believe were fairer) required applicants to meet the 'adequate maintenance' level and was calculated by the amount remaining weekly after rent or mortgage and Council tax had been deducted from income.

Since this date however, regardless of disposable income and whether the applicant in living rent-free, the requirement is to meet in minimum earnings level, which is your case is £22,400 p.a

Many live rent-free with parents for example, but the minimum income level still applies.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
Djsuccess
Diamond Member
Posts: 1178
Joined: Wed Jun 22, 2016 6:37 pm
United Kingdom

Re: Need HELP tricky topic

Post by Djsuccess » Sat Dec 01, 2018 4:41 pm

Casa wrote:
Sat Dec 01, 2018 4:31 pm

Since this date however, regardless of disposable income and whether the applicant in living rent-free, the requirement is to meet in minimum earnings level, which is your case is £22,400 p.a

Many live rent-free with parents for example, but the minimum income level still applies.
Thanks for the confirmation. That was my exact interpretation.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Re: Need HELP tricky topic

Post by Ivann » Sat Dec 01, 2018 4:49 pm

Many thanks for all your help guys, so in short most likely will be refused & any idea that I might be successful if I am refused to go on tribunal ?

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Need HELP ( ILR passports )

Post by Ivann » Sun Jan 13, 2019 10:41 pm

Dear All, we are about to apply for ILR - spouse + 1 dependent (child ), we only don't understand as there is confusion ( at least we are confused lol ),

I am British citizen, my wife and daughter aplying for ILR , I understand that they need to send their passports + cards , I also understand that I need to send my British passport ? Is this correct ?

And additional question is - because I have dual citizenship British and one more same as my wife and daughter do I have to send my another passport or not ? I prefer to have with me at least that one just for travel emergency - in case.

Please if someone can clarify this for us .

Many thanks in advance.

Best regards !!!

User avatar
zimba
Moderator
Posts: 23679
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Need HELP tricky topic

Post by zimba » Sun Jan 13, 2019 11:17 pm

They need to apply online and attend the appointment. All documents will be scanned and returned to them. Your British passport copy will suffice for proof
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Re: Need HELP tricky topic

Post by Ivann » Sun Jan 13, 2019 11:53 pm

Zimba, many thanks for answer.

Do you know usually difference between online and postal application - in terms of timeline - is there any difference in timelines for decision in general?

Just to clarify , in case if we send by post do I have to send my British passport with their non British passports and cards AND my other passport which is non British because I have dual citizenship or just British?

Thank you in advance.

User avatar
zimba
Moderator
Posts: 23679
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Need HELP tricky topic

Post by zimba » Mon Jan 14, 2019 12:42 am

You should not send it by post as the postal route including many of the forms are officially withdrawn.
You should only use the official online and UKVCAS appointment services as instructed by the UKVI :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Re: Need HELP tricky topic

Post by Ivann » Mon Jan 14, 2019 12:49 am

Noted, thank you.

Still no answer about passports , if anyone knows please let me know, cheers

User avatar
zimba
Moderator
Posts: 23679
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Need HELP tricky topic

Post by zimba » Mon Jan 14, 2019 12:59 am

YOu DO NOT need to give your other passport. You are British that is all
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ivann
Newly Registered
Posts: 7
Joined: Sat Dec 01, 2018 11:34 am
United Kingdom

Re: Need HELP tricky topic

Post by Ivann » Mon Jan 14, 2019 11:32 am

Great, many thanks !!

Locked