ILR (set m) financial requirement

[Asia098]

Hello, so I'm in a bit of a pickle. I am applying for indefinite leave to remain on the spousal visa 5 year route (set m) my husband just recently became self employed last year and does not meet the financial requirement of 18,600.

It says on his (self assessment tax return for the year) SA302 he earned 14,935. I have to apply by Wednesday. How can we prove that we are financially secure and have always met the requirements before but he has just started in his self employment.
The only other thing I can think of is to apply under another visa such as the parent of a UK citizen since we have a daughter who was born here. What should I do?

[Casa]

The FR(FP) Parent route is for couples who are living separately. If you don't meet the minimum income level, your only option may to apply under the FLR(FP) Partner route.

I'm assuming you don't have any income of your own

[Asia098]

No I’ve been a stay at home mom for the past 3 years

[Casa]

No I’ve been a stay at home mom for the past 3 years

FLR(FP) Partner route then.

https://www.gov.uk/government/publicati ... form-flrfp

[Asia098]

Thank you. I am in the process of the application but it still says that the financial requirement is 18,600...?

[Casa]

I'm not able to see what you're seeing on the online application without registering. The FLR(FP) Partner visa is a 10 year route to settlement for those unable to meet the minimum income level.

Which section have you found the mention of the £18,600 p.a earnings and is there a drop-down list for you to select regarding your reason for applying under FLR(FP) as a partner

[Asia098]

Okay so just so I understand, this means a further 10 years until I can settle and does not mean I have had to have lived in the UK for the last 10 years?

It is in the financial section and there is no option to explain just an option to say if you are applying as a partner, parent, etc. I am wondering because it has asked what my current visa status is and it's Spouse/Partner Leave to Remain and if I have to apply to switch my visa? But I thought that's what this application is for? I don't know if that makes sense

The reason why I'm saying this also is because when I got to the National Health insurance surcharge part, it had a link to it where the visa I am applying for says FLR (M) with no option to change it. I am very confused. I've logged out and am reapply under a different email in case the system is getting confused with my previous not completed application under the FLR (M)

[Casa]

Okay so just so I understand, this means a further 10 years until I can settle and does not mean I have had to have lived in the UK for the last 10 years? It means a new 10 year route to settlement. However, once you are able to meet the minimum income level, you should be able to switch to FLR(M).

It is in the financial section and there is no option to explain just an option to say if you are applying as a partner, parent, etc. I am wondering because it has asked what my current visa status is and it's Spouse/Partner Leave to Remain and if I have to apply to switch my visa? But I thought that's what this application is for? I don't know if that makes sense

The reason why I'm saying this also is because when I got to the National Health insurance surcharge part, it had a link to it where the visa I am applying for says FLR (M) with no option to change it. I am very confused. I've logged out and am reapply under a different email in case the system is getting confused with my previous not completed application under the FLR (M) This could be the issue, but as I'm not able to log-in to the online application I can't be sure. Let me know how the new application goes.

[Asia098]

I've made a new application with a new email address and I noticed that when it had asked me "(Extending or switching to a partner route) Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?"

I had selected "No" but then when I made the new application I selected "Yes" it then asked me the reason for the extension which included the options:

-First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)

-Additional extension as a partner

-First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

-You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)

-You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement

-You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership

-You are applying for any other reason\

I chose "You are applying for any other reason and wrote "I am applying on this form because my husband is self employed, but does not meet the £18,600 requirement to apply for ILR (Set M) based on his earnings from last year. However, his business is growing, is stable and has provided for us very well"

But then when it came to the financial part it's asking me if my partner working in the UK or overseas? When I selected "yes" it doesn't bring up any option for self employed and instead asks when he gets paid, to send a letter from employer and pay slips which obviously I can't do?

[Casa]

Wait for others to respond who may have experience of applying online for FLR(FP).

[Asia098]

Thank you so much for your replies. I am getting other replies on a different forum from people saying that you don't apply for the 10 year route, you are put on it. And to apply for ILR (set m). From everything that I am reading, this is incorrect. Along with what you have said, I am finding information online like this that also say otherwise as well as the gov.uk website appendix for the 10 year route.
Third party solicitor website removed by moderator

[Asia098]

Hi there, I am on my 5 year spousal visa and was planning on not applying for Indefinite leave to remain (set M) because of initially thinking we did not meet the financial requirement and instead was going to apply for FLR(FP) Partner route on the basis that we have a child who is a UK citizen and I am pregnant, however I am now realising that for the tax year April 2017-April 2018 he hadn’t left his employment until July 2017 and had made £7,980 as it shows on his P45 leaving work document.

 He then made £14, 935 from self employment can this be combined to meet the financial requirement for the ILR (set m) ?

[zimba]

Have you read this document : https://assets.publishing.service.gov.u ... ext_1_.pdf

[Asia098]

Thanks, I think I am just going to apply for FLR (FP) because I am not sure I will meet the financial requirement based on last year's self assessment tax form.