Applying for ILR while Plenty of Time on Current Visa

[zimba]

Hi,

I have my ILR and soon my wife and kid will be applying for theirs based on their relationship with me. My financial situation is well above the threshold over the last 12 months before her application submission. However, I may not have income in the end 2 months due to me leaving paid work and starting some new venture. Do I have to show monthly income until the day of application or is it ok that my pay slips stop 2 months before the application?

Thanks

It is not about just meeting the total income earned over the last year. It is about having a source of income too. Not being employed is going to be problematic. I strongly suggest reading the relevant guide and the relevant categories: https://assets.publishing.service.gov.u ... rement.pdf

[uhd4k]

It is not about just meeting the total income earned over the last year. It is about having a source of income too. Not being employed is going to be problematic.

Understood. Thanks for the answer. I have another question, please.

Let's say I leave my UK employment and start working overseas, earning foreign income. Would it matter if I am a tax resident in the UK or a non-tax resident? In both cases, I would be able to show that I have overseas income, from which I would be sending (transferring) money to my family in the UK.

[zimba]

ILR under the family route is based on family settlement in the UK. How will you demonstrate that you are settled in the UK while being employed overseas?

[uhd4k]

ILR under the family route is based on family settlement in the UK. How will you demonstrate that you are settled in the UK while being employed overseas?

Let me try to answer this and see if you'd think it is good enough:

1- I would still have rent lease, council rate, bills, etc. under my name and paid monthly
2- Family would continue to live here including school for the little one with evidence.
3- I'd be transferring money monthly to my/her UK accounts
4- This would be a foreign income, i.e. working for a foreign entity. Would be a must to work for a UK-based entity to be considered settled in the UK?
5- Would it matter if I were to perform my work from the UK, overseas or a mixture of both?

Thanks.

[zimba]

Being employed by an overseas entity is not the issue, the issue is that you should be settled in the UK. Being employed outside the UK and spending most of your time outside the UK means you are not settled in the UK so there is the possibility of this issue being raised by the UKVI as the rules require you to be settled in the UK. This is just for you to be aware

[uhd4k]

Hi,

My spouse got a 2-and-a-half-year extension to the Depdent (Spouse) Visa back in December 2023. Now that the 5-year requirement is met, we are ready to apply for the ILR. Is there a law or a rule that would make immigration reject an application because the current visa has 2 long years before ending?

Thanks

[vinny]

May also depend on the dependant and ILR categories. What’s her immigration history?

[uhd4k]

May also depend on the dependant and ILR categories. What’s her immigration history?

Let me give you that:
- I have my ILR already (3-year route)
- Wife had a Spouse visa that expired short of the 5 years required for her to get ILR. Same with my kid.
- We therefore had to apply for an extension. We received 2 & 1/2 years.
- Five months on from receiving the extension, Wife and kid have passed the 5-year mark and therefore meet all ILR conditions -in my opinion at least.

I am precautionly wondering if wif and kid's ILR applications might be rejected due to short usage of the visa extension. Kinda they would say something like "you can't apply for ILR when your current visa has more than a year left in it" or any other similar rule that I failed to uncover. So I thought to check here.

Thanks

[vinny]

Having more leave than necessary is not a ground to refuse a valid and eligible ILR application.

However, if she did not have leave as a spouse under Appendix FM for the whole of her 5 year period, then she may be ineligible for SET(M).

[lolo2]

Kinda they would say something like "you can't apply for ILR when your current visa has more than a year left in it" or any other similar rule that I failed to uncover. So I thought to check here.

Such rule doesn't exist.

The applicant only need to meet all the requirement for the ILR route. The time remaining on the current leave is irrelevant.