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ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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azerifactory
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Azerbaijan

ILR under new rules

Post by azerifactory » Tue Dec 05, 2023 9:41 pm

Hello,

I just need a small advice. My partner's application under the Partner (FLR M) route of the Immigration Rules has been successful. She has been granted permission to stay in the UK until 7 Mar 2026 and will be living in this country for more than 5 years legally (as previously also got Spouse visa) when she reaches that date. So she wants to apply for ILR.

I was wandering does new immigration threshold rules also applies to her and I need to earn more than 38,000 to apply for her ILR? Or this doesn't apply for previous applicants? Or perhaps is there any other rules?

Regards

AmazonianX
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United Kingdom

Re: ILR under new rules

Post by AmazonianX » Tue Dec 05, 2023 10:04 pm

azerifactory wrote:
Tue Dec 05, 2023 9:41 pm
Hello,

I just need a small advice. My partner's application under the Partner (FLR M) route of the Immigration Rules has been successful. She has been granted permission to stay in the UK until 7 Mar 2026 and will be living in this country for more than 5 years legally (as previously also got Spouse visa) when she reaches that date. So she wants to apply for ILR.

I was wandering does new immigration threshold rules also applies to her and I need to earn more than 38,000 to apply for her ILR? Or this doesn't apply for previous applicants? Or perhaps is there any other rules?

Regards
Going by antecedents, it will likely not be retroactive. So applying to those just starting on SWV or family visa.

azerifactory
Newly Registered
Posts: 5
Joined: Fri May 13, 2022 12:15 am
Azerbaijan

Re: ILR under new rules

Post by azerifactory » Tue Dec 05, 2023 10:32 pm

Any chance do u know when clarification regarding this will be published? Roughly?

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: ILR under new rules

Post by AmazonianX » Tue Dec 05, 2023 11:05 pm

azerifactory wrote:
Tue Dec 05, 2023 10:32 pm
Any chance do u know when clarification regarding this will be published? Roughly?
No. This will be in public domain for all.

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alterhase58
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Location: UK Bucks
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Re: ILR under new rules

Post by alterhase58 » Tue Dec 05, 2023 11:10 pm

There's no time frame published yet - we are not party to the planning. Sometime end Feb/Mar 24? Just a guess!
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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zimba
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Re: ILR under new rules

Post by zimba » Wed Dec 06, 2023 12:35 pm

Any new changes are very unlikely to affect the people currently under these visas. It will very likely apply only to applicants switching or being granted entry clearance under the family route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

azerifactory
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Posts: 5
Joined: Fri May 13, 2022 12:15 am
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ILR application

Post by azerifactory » Sat Jan 11, 2025 9:08 pm

Hello,

My partner's application under the Partner (FLR M) route of the Immigration Rules has been successful. She has been granted permission to stay in the UK until 7 Mar 2026 and will be living in this country for more than 5 years legally (as previously also got Spouse visa) when she reaches that date. So she will apply for ILR.

1. Does new immigration threshold rules also applies to her and I need to earn more than 38,000 to apply for her ILR? Or this doesn't apply for previous applicants? If this doesn't apply, then how much I need to earn?

2. As far I know, she needs to apply for ILR up to 28 days before she's eligible. So this means I technically need to show payslips from August 2025 to February 2026?

3. What happens if we don't meet financial requirements? What should be my next step?

Regards

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Casa
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United Kingdom

Re: ILR application

Post by Casa » Sat Jan 11, 2025 9:40 pm

azerifactory wrote:
Sat Jan 11, 2025 9:08 pm
Hello,

My partner's application under the Partner (FLR M) route of the Immigration Rules has been successful. She has been granted permission to stay in the UK until 7 Mar 2026 and will be living in this country for more than 5 years legally (as previously also got Spouse visa) when she reaches that date. So she will apply for ILR.

1. Does new immigration threshold rules also applies to her and I need to earn more than 38,000 to apply for her ILR? Or this doesn't apply for previous applicants? If this doesn't apply, then how much I need to earn?
Your wife will continue to be on the pre-increase income level. £18,600

2. As far I know, she needs to apply for ILR up to 28 days before she's eligible. So this means I technically need to show payslips from August 2025 to February 2026?
She can apply anytime from 28 days prior to completing 5 years of residence up until the expiry date on her current FLR(M) visa. (i.e Not after the expiry date).
The last 6 months payslips + the other specified documents


3. What happens if we don't meet financial requirements? What should be my next step? I'm assuming you meet the £18,600 income level ?

Regards
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

azerifactory
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Posts: 5
Joined: Fri May 13, 2022 12:15 am
Azerbaijan

Re: ILR application

Post by azerifactory » Sat Jan 11, 2025 9:45 pm

Casa wrote:
Sat Jan 11, 2025 9:40 pm
azerifactory wrote:
Sat Jan 11, 2025 9:08 pm
Hello,

My partner's application under the Partner (FLR M) route of the Immigration Rules has been successful. She has been granted permission to stay in the UK until 7 Mar 2026 and will be living in this country for more than 5 years legally (as previously also got Spouse visa) when she reaches that date. So she will apply for ILR.

1. Does new immigration threshold rules also applies to her and I need to earn more than 38,000 to apply for her ILR? Or this doesn't apply for previous applicants? If this doesn't apply, then how much I need to earn?
Your wife will continue to be on the pre-increase income level. £18,600

2. As far I know, she needs to apply for ILR up to 28 days before she's eligible. So this means I technically need to show payslips from August 2025 to February 2026?
She can apply anytime from 28 days prior to completing 5 years of residence up until the expiry date on her current FLR(M) visa. (i.e Not after the expiry date).
The last 6 months payslips + the other specified documents


3. What happens if we don't meet financial requirements? What should be my next step? I'm assuming you meet the £18,600 income level ?

Regards
Yes, I meet 18,600 and when I've applied it was 18,600.

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