ILR for (Tier 2) Dependant Wife and Child

[raheem_ehsan]

Dear Experts,

I am a British citizen by naturalisation. My wife is eligible for ILR on the 18th of February 2024 (28 days before 5 years complete) and my daughter will soon be 4 year old in a few days from now, so, she follows my wife's current visa expiration date which is in September 2025. I would like to apply for ILR for my wife.

My previous employer (Tier 2 Sponsor company) went insolvent this year on the 23rd of August. Since then, I was not in a full-time employment, however, I was self employed (Uber delivery and professional freelance combined). Whilst I am STILL self-employed, I have now secured a full-time employment from 1st of November 2023.

Assuming the brief background above would help you all with the following questions

1) Since I was not in a full-time employment from th 23rd August until the 30th of October 2023. Would I be able to use my payslips from current -full-time employment from November 2023 till January 2024 (3 -months) to satisfy the salary threshold of £18600? Or it has to be 6 months?
2) Can I combine the income from self-employment ( Uber and professional freelance service) and current full-time employment? Please note that I have so far ONLY submitted the self-assessment for the last year. I will submit the self-assessment for this year next.
3) Is it a must that I submit the ILR application for my wife and child together or I can only apply for my wife at first and then after my child?

Please let me know if you require any further information. I sincerely look forward to receiving your expert informatio and suggestions.

Have a good day!

Thanks, and regards

Raheem

[CR001]

There is no income requirment for your wife and child applying for ilr on form SET O. THE £18,600pa requirement applies to a completely different visa category.

You should apply for both together to avoid delays of your wifes ilr.

[raheem_ehsan]

Hi CR001,

Thank you so much for your response.
I have been pondering upon your response since I read it and I have been trying to find the source of the information. It has dismantled all the opinion I had made previously after what I should call a flawed reserach of mine.

I came accross this below statement from the link below.

"Financial requirements
You must both:

have enough income to support yourselves and your dependants
not be using public funds"

https://www.gov.uk/indefinite-leave-to- ... -work-visa

Could you kindly clarify what it means to me (to my wife and child's application)?

I previously was informed by a solicitor that I must show an income of at least £18600 (£3800 more for the child) and the income should be prooved with 6 months of continuous payslips. Going with this suggestion, I was worried that I won't be able to apply for my wife's ILR in the month of February 2024 since I won't be able to provide 6 month's of payslips since I lost my previous job in October. So, I was going to apply in May 2024 to meet this requirement, however, I then read the news of increased income requirement (£38700).

Please help me what I am missing. I thank you again for your valuable suggestion.

Thanks, and regards

Raheem

[CR001]

I previously was informed by a solicitor that I must show an income of at least £18600 (£3800 more for the child) and the income should be prooved with 6 months of continuous payslips

Ridiculously incorrect information. Your spouse and child do NOT hold the visa category that this applies to under Appendix FM (form FLR(M) would have been the extension application form).

Going with this suggestion, I was worried that I won't be able to apply for my wife's ILR in the month of February 2024 since I won't be able to provide 6 month's of payslips since I lost my previous job in October. So, I was going to apply in May 2024 to meet this requirement, however, I then read the news of increased income requirement (£38700).

This potential increase does NOT apply to your spouse and child for ILR on form SET(O) which has NO minimum income requirement!

[zimba]

I previously was informed by a solicitor that I must show an income of at least £18600 (£3800 more for the child) and the income should be prooved with 6 months of continuous payslips. Going with this suggestion, I was worried that I won't be able to apply for my wife's ILR in the month of February 2024 since I won't be able to provide 6 month's of payslips since I lost my previous job in October. So, I was going to apply in May 2024 to meet this requirement, however, I then read the news of increased income requirement (£38700).

Please help me what I am missing. I thank you again for your valuable suggestion.

Thanks, and regards

Raheem

First of all Tier 2 does not even exist anymore. As you have already been advised there is no income requirement under the Skilled worker dependant route. The income requirement only applies to people under the 'family of ILR/British spouse visa route' (family/spouse route)

I also want to emphasise that NO NEW RULES have been announced and the income requirement has NOT been increased under any route. This is now being mindlessly and repeatedly mentioned due to massive media coverage, just because the UK government announced its intention to make some changes possibly from April 2024

[raheem_ehsan]

Hi CR001 and Zimbra,

Thank you so much for both of your replies. I am now relieved that I do not need to worry about the minimum financial requirement from my wife or even me as a "sponsor" to my wife and child.

I have another query which is equally important to me as it seems very critical. Please bear with me for the following details and kindly let me know if any further information is required from me.

Here is my wife's brief Tier 2 Dependent visa history:
(Entry) 05/03/2019 - 29/09/2019
(First Extension) 03/10/2019 - 20/09/2022
(Second Extension) 03/11/2022 - 02/11/2025

Absences during this period:
April 25th 2019 - July 13th 2019 (79 days)
November 3rd 2019 - September 11th 2020 (314 days)
March 20th 2022 - August 15th 2022 (148 days)
January 1st 2023 - January 23rd 2023 (21 days)
May 5th 2023 - July 3rd 2023 (59 days)

My wife travelled to India on the November 3rd 2019 and was expected to deliver the our first child early January. However, our first child was born on the 28th of December 2019. Following are the events after.

- Applied for birth certificate on the 30th of December 2019 which is soon after the birth
- Received the birth certificate on the 11th of February (despite multiple personal chases authorities at the local municipal office for expidition. Unfortunately, there was no priority like services available)
- Noticed the error in mother's name spelling so had to re-submit the form for correction (evidence available)
- Received the corrected birth certificate on the 18th of March 2020
- Within a few days passport services were halted due to pandemic
- Received passport for child on the 11th of June 2020
- Applied for child's dependant visa on the 11th of July as soon as the visa services were resumed at local vfs service center
- Received child's dependant visa on the 22nd of August 2020
- Travelled to the UK on the 11th of September as soon as we could book the tickets

I think it is important to know that since had already was absent for 79 days prior to this visit, she technically should have returned to the UK before mid February 2020 (to be within 180 days limit) which is prior to Pandemic chaos.

The question:
1) Given the above scenario, how likely is UKVI to accept my wife and daughter's application for ILR when they are eligible this coming February 2024?
2) Should I apply now or wait until August 2025?
3) Are official delays in regards to birth certificate legitimate argument that I can present to UKVI?

Thank you so much and have a good day!

Kind regards
Raheem

[zimba]

Exercising discretion is all up to UKVI, so you have to apply to find out. We cannot tell you whether they will apply such discretion or not.

[raheem_ehsan]

Hi Everyone,

Sorry to revive this topic again. I need your help and I really hope you can answer me as early as possible as that would help me plan my family's visit to India this year without jeoperdising their ILR prospects next year. I chose not to take risk with UKVI's descrection

Please see the attachement showing my wife's absences during her stay in the UK with me. May you please let me know when is the earliest I can apply for her ILR? I believe I can do that in April 2025 considering she was absent for 164 days in the year 2020 in a rolling one year period prior to that, am I correct?
Or shall I wait until September 2025?

PS: The black coloumns are the days she was absent during those months of the year and red coloumns are the days away in the past one year rolling period. Further, the year 2024 is filled with expected travel and absence days. I hope it makes sense.

Kindly let me know if you have any questions.

Thanks, and regards

R

[CR001]

She exceeds the limit in 2021.

She must have less thn 180 days absence in any 12 month period.

The earliest she could apply is 2026

[raheem_ehsan]

Hi CR001,

Thanks for the quick response. I understand that. However, considering that I will applying in April 2025, the qualifying 5 year period ends in April 2020 backwards. If we disregards the absences prior to April 2020 and start the ILR clock from April 2020 then she meets the criteria, isn't that correct?

Thanks
R

[raheem_ehsan]

To be clearer, I hope this can help!

[raheem_ehsan]

Hi CRO01,

I fail to understand how you came to the conculsion that my wife will be eligible in 2026? May you please clarify?

Based on the attached figures, is she not eligible to apply for ILR in April 2025 diregarding the period priod to that and starting the clock right from April 2020 until April 2025?
Please note that she was in the country with NO days outside the country in 2021 as can be seen in the attachment. Also, she arrived in the UK in March 2019 but her visa vignett was valid from around end of February 2019.

Please, kindly let me know as early as possible so that I can book their journey to India ASAP to avoid heavy prices

Thanks, and regards
R

[zimba]

If the period is April 2020 to April 225, then she should qualify

[raheem_ehsan]

Hi Zimba,

Thank you so much for the confirmation.
My family would be away for 5 months and I will be vacating my current property and live alone in my cousin's house.
How do I proove cohabitation for this period?

I will be sending her money monthly for sure in Indian account. However, I won't be paying bills under mine or my wife's name until I rent another property when my family is supposed to be back in the UK after 5 months.

How can I fill this gap? Please let me know.

Thanks, and regards
R

[zimba]

There is no requirement that any gap as such must be explained.
See: All you need to know about cohabitation evidence

[raheem_ehsan]

Thank you so much again Zimba.
You have cleared my doubts

Have a good day!

Thanks, and regards
R

[raheem_ehsan]

Sorry Zimba, one more quick question, please?
Can she only apply if she was in the UK exactly 5 years ago on that day? In this case she was not in the UK in whole month of April or following months until September 2020.

[zimba]

Sorry Zimba, one more quick question, please?
Can she only apply if she was in the UK exactly 5 years ago on that day? In this case she was not in the UK in whole month of April or following months until September 2020.

There is no such requirement for ILR

[raheem_ehsan]

Thank you a lot Zimba. Your help is greatly appreciated!
May almighty bless you all for the help you guys provide on the basis of humanity