ILR through Marriage with Sponsor working abroad

[TheDon]

Hi and thanks in advance for your help.

I am a BC and my wife is currently on a spouse visa. She will be able to apply for ILR in Jan 25 and because she’s married to a BC then she can apply for citizenship as soon as ILR is granted.
My wife isn’t working therefore will rely on my income to prove the financial requirement in her ILR application which is straightforward with my current situation. However I have an opportunity to go work abroad which would entail resigning from my current U.K. based job. I would
still be working my notice period by the time wife is submitting her ILR application. We have a child together who is also a BC. I am trying to figure out if I can take this opportunity without adversely impacting my wife’s ILR application or whether the timing just doesn’t work.

Questions:
1. Does my employer have to be U.K. based to qualify for the financial requirement?
2. Does my intention to live abroad (by resigning and accepting a job abroad) create any kind of issue for wife’s ILR application? I know it does if not on marriage route.
3. Is there any other way to fulfill the financial requirement eg savings; or does it have to be income based?
4. The letter of employment from my employer is likely to indicate that I would be on notice. Is this a problem?



Any advice or other factors to consider greatly appreciated.

[zimba]

If you are still employed on the date of application, then it should not matter. There are always other ways to qualify.
I suggest reading the guide on finances: https://assets.publishing.service.gov.u ... rement.pdf

[TheDon]

Thank you for your response. Cash savings seems an option although I don’t completely follow the examples given in the guidance.
However question 2 isn’t answered. Must there be an intention to live in the U.K. and if so does accepting a job outside the U.K. serve to disprove that intention?

When I applied for my own ILR many years ago this would have been a problem for me. But I don’t think it is a problem for a spouse of a BC. Checking if anyone has more knowledge and/or guidance on this.

[vinny]

Changing job is not a reason to refuse.

Your are right. Showing intention to live in the UK is also a requirement.

[TheDon]

It was clearly guidance on citizenship I was recalling. Must intend to live in the U.K. if not applying as spouse of BC but no such requirement if applying as spouse of BC. Page 7 of document below:
https://assets.publishing.service.gov.u ... .pdf#page8

However I can’t quite find the ILR family route guidance that states this requirement to live in the U.K. Does anyone have this link?

[zimba]

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner after a 5 year qualifying period all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:

(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d), (e) or (f) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) or E-LTRP.3.7.(b)(ii) disregard the words “2.5 times”).

Section E-LTRP: Eligibility for limited leave to remain as a partner
E-LTRP.1.1. To qualify for limited leave to remain as a partner all of the requirements of paragraphs E-LTRP.1.2. to 4.2. must be met.

Relationship requirements
E-LTRP.1.2. The applicant’s partner must be-

(a) a British Citizen in the UK;
(b) present and settled in the UK;
(c) in the UK with protection status;
(d) in the UK with limited leave under Appendix EU, in accordance with paragraph GEN.1.3.(d); or
(e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with paragraph GEN.1.3.(e); or
(f) in the UK with permission as a Stateless person.
E-LTRP.1.3. The applicant must be aged 18 or over at the date of application.

E-LTRP.1.4. The partner must be aged 18 or over at the date of application.
E-LTRP.1.5. The applicant and their partner must not be within the prohibited degree of relationship.
E-LTRP.1.6. The applicant and their partner must have met in person.
E-LTRP.1.7. The relationship between the applicant and their partner must be genuine and subsisting.
E-LTRP.1.8. If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.
E-LTRP.1.9. Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules.
E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

https://www.gov.uk/guidance/immigration ... ly-members

[TheDon]

Thanks so much all. I think I’m pretty comfortable now with the requirements for both the ILR and Citizenship applications come January.

[TheDon]

To summarise for anyone that’s in a similar situation and may stumble on this thread:

As part of the ILR application there is a financial requirement where you need to demonstrate income of £18600pa (this amount has been increased but we’re still under the lower requirement). My wife doesn’t work and I am planning to resign from my job - I will be on notice when we are doing the application and I’m sure the letter from my employer will state as much. The guidance states that you have to be “in employment” and I wouldn’t put it past a case officer to decide that someone on notice is not “in employment”. I also don’t want to use a job offer from abroad because it may raise the question around whether we intend to live in the U.K.
So, we need to demonstrate sufficient savings as a substitute for salaries to satisfy the financial requirement. So one would need to show that they have access to £18600 above the public benefit eligibility threshold. This threshold is currently £16000. So we basically need to show access to £34600.

There is more detail but these are the key points to note from my research.
Disclaimer: I am not an immigration expert. I’m just a random individual trying to settle my family.