ILA SOC sources and levels of income

[ecosse206]

Hi, 1st time on the board so please excuse me if I am posting in the wrong section. I am currently here on a Tier 2 Sponsored visa with leave to remain until 20 August 2019.

1) Upon entering the UK I did not meet the minimum 35k threshold to apply for ILR. I now do. What is the earliest I can apply for ILR? I have read applications can be made 28 days previous to expiry or the date you qualify for the criteria of the next visa application...

2) If applying for ILR I have read my sponsor must have renewed their sponsor license. Is this true? If so should they have renewed for the last year of my 5 year visa as the license is only for 4 years?

3) If I have a child born in the UK fathered by a UK citizen is my fee £2389 or £4778? ie is the child a dependent or exempt as father is British?

Thanks so much in advance

[zimba]

1) Upon entering the UK I did not meet the minimum 35k threshold to apply for ILR. I now do. What is the earliest I can apply for ILR? I have read applications can be made 28 days previous to expiry or the date you qualify for the criteria of the next visa application...

28 days from completing the 5 years, starting from your first visa issue date

2) If applying for ILR I have read my sponsor must have renewed their sponsor license. Is this true? If so should they have renewed for the last year of my 5 year visa as the license is only for 4 years?

Yes, they should have a valid license as you work for them and when you apply for ILR

3) If I have a child born in the UK fathered by a UK citizen is my fee £2389 or £4778? ie is the child a dependent or exempt as father is British?

The child fathered by a British citizen is British at birth.

[ecosse206]

Thanks Zumba for your quick response. I am currently filling out the SET M form (presume this is the correct one) and in relation to my previous questions would love some assistance with

1) I cannot see how to claim exemption under the 35k route. I can only see in section 8.2 4 options of salary brackets between £18,600 and £27,200

2) I see no mention of me attaching the two certificates of sponsorship from my employer. Do I need to do that or do HO verify this internally?

3) as we don’t have a child under section 4 can I assume I am applying as the spouse of a person present and settled in the UK on the 2 year route? I have been issued a 5 year Tier 2 ILR

Many Thanks!

[zimba]

SET(M) is NOT the correct from, you should apply under SET(O) as you are a PBS migrant

1) I cannot see how to claim exemption under the 35k route. I can only see in section 8.2 4 options of salary brackets between £18,600 and £27,200

Use the correct form

2) I see no mention of me attaching the two certificates of sponsorship from my employer. Do I need to do that or do HO verify this internally?

They check that in their system

3) as we don’t have a child under section 4 can I assume I am applying as the spouse of a person present and settled in the UK on the 2 year route? I have been issued a 5 year Tier 2 ILR

No, use the correct form

[ecosse206]

Thanks once again Zimba for your kind help. It is very much appreciated.

I realise that now all forms must be submitted online. I have managed to obtain a PDF copy from the national archives (https://webarchive.nationalarchives.gov ... -form-seto) to work through so I have all the info prepared.

I am just not convinced this is the correct one? No mention of £35,500/800 or substantiation of marriage? I would fall under a Tier 2 migrant I believe.

Further, I believe I am also required to pay a NHS surcharge and see no mention of this?

thanks in anticipation and so sorry for all my questions!

[CR001]

Ihs surcharge is NOT payable for ILR.

The minimum income requirement is stated in the immigration rules and must be met at the time of applying for ILR!! Note it is £35,500pa or what your SOC states, whichever is higher.

[zimba]

I also advise against using old withdrawn forms. You are now expected to apply online

[ecosse206]

Hi,

I am just collating financial information for both of us in the marriage to support my now wife entering the UK on an ILA having completed 5 years on a Tier 2.

Question 5.7 ask “complete the following table indicating the sources and levels of income as indicated in 5.1-5.6 that you and your partner are relying on to maintain you and any dependents adequately”

1) are monthly figures of salary here Gross or Net?
2) partner holds a stock portfolio. Do we declare circa monthly growth/dividends or declare tax return for 17/18 financial year?
3) we do not RELY upon the income in point 2 to maintain us. Therefore is it irrelevant?
4) do we submit the tax return and financial summary as supporting documentation along with his payslip or is only my previous payslip relevant to substantiate I qualify under the £35k route

Thanks:)

[CR001]

Topics Merged!

I am just collating financial information for both of us in the marriage to support my now wife entering the UK on an ILA having completed 5 years on a Tier 2.

Not sure what you mean by the highlighted bit above or what 'ILA' is?? Is your wife on a Tier 2 Dependent and with you in the UK for the last 5 years??

[ecosse206]

Yes, that is correct. Entered UK 2014 on 5 year tier 2 sponsored visa. We married 2017.

ILR-sorry typo.

Thanks again for all your continued support.

[CR001]

Are you both on your own Tier 2 General visas or are one of you on a Tier 2 Dependent visa and both applying for ILR or are you British or .......? It is not clear from your posts what the full situation is.

[ecosse206]

Husband British. Wife Canadian on 5 year Tier 2 visa looking to achieve ILR.

[CR001]

Only her income is counted for her ILR as she is the only one applying. Her income must meet the requirement of £35,500 pa or what her SOC states, whichever is higher, as previously stated

[ecosse206]

Thanks, I am beginning to piece together the jigsaw now. Much easier with your help and when you begin to start thinking in the way of the system. Hoping some kind soul can check my maths please(he says thinking he was getting the hang of this).

Visa expires:20/8/2019
Date of Issue:13/10/2014
Date of Entry: 22/9/2014

Therefore>
Date of issue is 13/10/2014 + 5 years = 13/10/2019 minus 28 days meaning the earliest we can apply is 15/9/2019

This conflicts from "254. You can apply for settlement up to 28 days before you will reach the qualifying
period if you apply earlier than that, your application may be refused.

This would give me 20/8/2019 minus 28 days as 23/7/2019

or 22/8/2019 plus 5 years = 22 August 2019 minus 28 days = 22 August 2019

So

a) 15/9/2019
b) 23/7/2019
c) 22/9/2019

Many thanks once again!

[CR001]

Can you post the official link where you copied point 254 from??

Date of issue is 13/10/2014 + 5 years = 13/10/2019 minus 28 days meaning the earliest we can apply is 15/9/2019

It is this option, no sooner than within 28 days before the 5th anniversary of the initial visa issue date, as had been advised already. Not sure what is confusing!

Date of Issue:13/10/2014
Date of Entry: 22/9/2014

Are your dates correct? How did she enter the UK before her visa valid date??

[ecosse206]

Thanks Zimba once again for your continued help.

Can you post the official link where you copied point 254 from??
> https://assets.publishing.service.gov.u ... 1_2018.pdf

This is why I believed it could also be either

23/7/2019 (20/8/2019 minus 28 days)
22/8/2019 (22/8/2019 plus 5 years = 22 August 2019 minus 28 days)

Can I also confirm that as this form SET (o) is also an application for a BRP we can use it to achieve the change of name pending our marriage as long as I return my existing BRP and a copy of our marriage certificate.

Many thanks

[CR001]

This is why I believed it could also be either

23/7/2019 (20/8/2019 minus 28 days)
22/8/2019 (22/8/2019 plus 5 years = 22 August 2019 minus 28 days)

What dates are these???

I have also asked you to clarify the dates you previously posted as they don't make sense.

Date of Issue:13/10/2014
Date of Entry: 22/9/2014

Are your dates correct? How did she enter the UK before her visa valid date??

Can I also confirm that as this form SET (o) is also an application for a BRP we can use it to achieve the change of name pending our marriage as long as I return my existing BRP and a copy of our marriage certificate.

No it is not usually the correct form. Has her foreign passport been updated with her new name and if yes, when was this done?? If no, then no she cannot change her name when applying for ILR.

[ecosse206]

Ahhh, I see what I have done, this was the date of issue of the BRP not the Visa. Therefore:

Date of Issue:20/8/2014
Date of Entry: 22/9/2014
Visa expires:20/8/2019

Yes her passport has been updated in 2018. We have only just got the BRP back this week after it was stolen in August! We now need to change the name on the BRP and extend the Visa. We are hoping to achieve this ILR via SOC C and the 35k route as early as possible.