ILR

[tunny]

Hi

Sorry for posting another ILR financial question but just needed to check as we dont have any savings like other postings have discussed.

We apply in 2 weeks based on 2 years marriage and have all the bills to show we have been living together and all that

I am worried about the financial side of it though

Between us we have abut £2200 income which is more than adequate to cover the household bills and mortgage (approx£800-900) its just that our bank accounts will show us hitting zero every month and not putting anything into savings. Every few months as well my bank account goes into overdraft but then is paid off on pay day. (This will be noticebale to them on the bank statements) Does this appear to be a problem. We have never been on benefits and will be out of overdraft on application day

Husband never had overdraft

[John]

Between us we have abut £2200 income which is more than adequate to cover the household bills and mortgage

I would not expect you to have a problem. But why not enclose a monthly budget showing the truth of that statement, proving that there is no reason for a claim for certain Public Funds to be made.

[tunny]

Thanks

Also is it possible to provide my mother and fathers bank statements to show they could assist financially in cases of emergency

I have had mixed responses about this some say no some say yes as long as it doesnt form the basis of your finances - just that they can assist if absolutely neccessary

Is my huband then classed as a UK resident when this is granted?

[John]

Tunny, I really don't think your husband will encounter a problem passing the financial test. To submit your parent's bank statements might just cause an area of concern that would not otherwise be present.

Also appreciate the context of all this. Your husband is applying for ILR. Once that is granted there will in fact be absolutely nothing to stop him claiming the Public Funds that are currently barred to him.

Is my husband then classed as a UK resident when this is granted?

I think "settled" in the better term to use.

After ILR, Naturalisation the next step? When did your husband first move to the UK? On the 2-year spouse visa? Or previously in some other capacity?

[tunny]

Thanks

i see what you mean i dont want to draw them to it so they think we are struggling which we aren't we just do what most people do and spend all our wages each month!!


He came in early 04 as a visitor and we got marriage within his visitor visa, then went back to his home country and got him a spouse visa (this was before need permission to marry)

So he has been here for three years in early 2007

Also my sole name is on the mortgage this is because at the time of buying he was not working nor legally allowed, now he has been paying income tax the bank will allow us to apply for a joint mortgage but this would cost money to make a fresh joint application and i would have to pay a solicitor to change the deeds, we hoping to move in a year or so, so its not worth the money to do this

Again i'm worried if i dont put it they may want an explantion but then if i do put it i draw their attention to it and make it more of a big deal than it is

[John]

The mortgage in sole name? That really is not an issue at all. Absolutely nothing to worry about.

Starting with when he arrived on his visitor visa in 2004, up to the present time, roughly how much time outside the UK? In particular, how long did it take from him leaving the country on his visitor visa and then returning on the spouse visa? If not excessive then I would agree that an application for naturalisation just after the 3rd anniversary of his arrival on the visitor visa in 2004 looks to be totally possible.

But of course he will need to study for and pass the Citizenship Test before being allowed to apply. If he has not already started studying for that, well maybe get the ILR matter out of the way first, but then study and take the Citizenship Test?

As regards the ILR application, can you say when the expiry date on the current visa is? And when did he actually enter the UK for the first time using that spouse visa?

[tunny]

Thanks

i'm sure that will be fun for him
I have looked on the website for the test but can't see the answer anywhere - If he takes this test this year is it valid for a certain length of time or once passed its valid forever?

His visa runs out on 24th but didnt come into country til 30th so two years from the 30th and the allowance you get to apply up to 28 days before this time luckily keeps us within the time frame.

very annoing as no-one told us that the application was two years from date of entry, we thought two years from date of visa, luckily we came back to Engalnd very soon afetr it was granted.

[John]

His visa runs out on 24th but didnt come into country til 30th so two years from the 30th and the allowance you get to apply up to 28 days before this time luckily keeps us within the time frame.

Those dates appear to be June 2004. Accordingly the earliest date he can apply is 28 days before the 2nd anniversary of his date of arrival = 02.06.06 .... and the latest date he must apply by is the date of expiry of the current visa = 24.06.06.

Citizenship Test? A pass certificate does not run out. So the test can be studied for and passed as soon as you like. This study guide is recommended.

very annoing as no-one told us that the application was two years from date of entry, we thought two years from date of visa, luckily we came back to Engalnd very soon afetr it was granted.

Yes, very annoying. If it is any consolation we also fell into this "trap" back in 2001 / 2002. We ended up applying for my wife's ILR on literally the date of expiry of the previous spouse visa! Luckily ILR granted. That date of expiry was the only date that met the need to be in the UK for long enough before applying.

[tunny]

Thanks so much for your help

[tunny]

ILR was granted last week


Thanks for all your help

x

[John]

Tunny, congratulations ... glad it all worked out, but then, why not?