Spouse Visa to ILR- Query

dikey2809 · Post by **dikey2809** » Fri Aug 24, 2012 8:45 am

Hi,
I am on ILR in UK currently will be applying for my Naturalisation in 2013.
I have a daughter who already has British Citizenship as she was born in UK.
My wife applied for her Spouse Visa of settled person in April 2012 in India, she was granted visa by British High commission Mumbai, on 23 July 2012.this visa expires in October 2014. (Spouse visa)
- As my wife applied before the Govt Immi rules changed she can apply for her ILR under previous rule in UK. Is it possible ?
- Also Under previous rules what is the income and financial conditions that are considered for application of ILR. Is there need of particular income to be showed at the time of application.
I am asking about it as I want to prepare for finances prior so that later on i dont have any problems.
- With regards to benefits, I am planning to apply for Child tax credit and working tax credit on my name (As my wife's visa states no recourse to public funds). Will this impact my wife's application for ILR.

Please guide.

Post by **Lucapooka** » Fri Aug 24, 2012 8:59 am

She can apply for ILR under the previous legislation. There is no financial requirement other than you continue to support yourselves free from public funds (claimed by her, so it's fine for you to claim for yourself and the child).

cherie · Post by **cherie** » Fri Aug 24, 2012 10:42 am

I applied before 9 July this year. Does that mean I don't have to do the new life in the uk test and English requirement at B1 level when I apply for ilr that should come in force October 2013?

Post by **Greenie** » Fri Aug 24, 2012 10:46 am

Lucapooka wrote:She can apply for ILR under the previous legislation. There is no financial requirement other than you continue to support yourselves free from public funds (claimed by her, so it's fine for you to claim for yourself and the child).

Note that tax credits must be claimed in joint names.

Post by **Greenie** » Fri Aug 24, 2012 10:48 am

cherie wrote:I applied before 9 July this year. Does that mean I don't have to do the new life in the uk test and English requirement at B1 level when I apply for ilr that should come in force October 2013?

if you will be applying for ilr after October 2013 you will need to take the new life in the UK test.

cherie · Post by **cherie** » Fri Aug 24, 2012 6:22 pm

So there's no point doing the current LIUK test , I was thinking of doing it as soon as possible like this year, I gather it doesn't have an expiry date

dikey2809 · Post by **dikey2809** » Mon Nov 26, 2012 2:16 pm

Thanks for the reply. This means I do not need to have a savings of £. 18,000 at the time of my wife's application for ILR.

Post by **geriatrix** » Mon Nov 26, 2012 5:16 pm

dikey2809 wrote:This means I do not need to have a savings of £. 18,000 at the time of my wife's application for ILR.

There is no such requirement even under the new rules!!

chairmanoh · Post by **chairmanoh** » Mon Dec 10, 2012 12:20 pm

Hello Lucapooka,

I have been married over 4 years to a British citizen and I got settlement visa (KOL REQD) in February 2012. We moved to the UK in April 2012. After 6 months of searching, I got a job in October 2012 and passed my LIUK test in October also.

I want to find out how and what is the process for me to obtain my ILR. What form should I use? What documents do I need to add? Can I post my application? What general advice do you have? Recall I was issued Settlement visa with (KOL REQD)

I hope you can help with this.

Thanks.

dikey2809 · Post by **dikey2809** » Wed Dec 12, 2012 1:34 pm

Hi Sushdmehta, Thanks for the response. Just last one thing to clarify about the dates. My wife's spouse visa was granted on 26th July 2012. She arrive in Uk on 3rd August 2012. The visa expires in October 2014.
Now for her to apply for ILR, can I make application for her ILR after 3rd July 2014 or do I have to wait untill September 2014. AS the visa expires in October 2014.
Please confirm.

harv · Post by **harv** » Wed Dec 12, 2012 1:43 pm

dikey2809 wrote:Hi Sushdmehta, Thanks for the response. Just last one thing to clarify about the dates. My wife's spouse visa was granted on 26th July 2012. She arrive in Uk on 3rd August 2012. The visa expires in October 2014.
Now for her to apply for ILR, can I make application for her ILR after 3rd July 2014 or do I have to wait untill September 2014. AS the visa expires in October 2014.
Please confirm.

You can apply for ILR from 6th July onwards (28 days prior to her 2nd anniversary in the UK), since July is 31 days long I chose the 6th.

Hope this helps.

EMC2 · Post by **EMC2** » Thu Dec 13, 2012 10:17 am

Please assist me filling the form correctly.

Do I need to fill section 3 of Set M form? This section is for childern related questions.

Our daughter is British citizen born in June 2011. Do we still need to give her details in section 3 of Set M form?

All your help will be greatly appreciated.

Thanks

EMC2 · Post by **EMC2** » Thu Dec 13, 2012 1:36 pm

Please assist me filling the form correctly.

Do I need to fill section 3 of Set M form? This section is for childern related questions.

Our daughter is British citizen born in June 2011. Do we still need to give her details in section 3 of Set M form?

All your help will be greatly appreciated.

Thanks

misona · Post by **misona** » Thu Feb 07, 2013 5:35 pm

Hi EMC2

I have the same question. Did you fill out the children section when you applied for Set M?

Thanks in advance.

EMC2 wrote:Please assist me filling the form correctly.

Do I need to fill section 3 of Set M form? This section is for childern related questions.

Our daughter is British citizen born in June 2011. Do we still need to give her details in section 3 of Set M form?

All your help will be greatly appreciated.

Thanks

EMC2 · Post by **EMC2** » Fri Feb 08, 2013 10:17 am

Hi Misona,

Yes you do need to fill the childern section.

Regards

misona wrote:Hi EMC2

I have the same question. Did you fill out the children section when you applied for Set M?

Thanks in advance.

EMC2 wrote:Please assist me filling the form correctly.

Do I need to fill section 3 of Set M form? This section is for childern related questions.

Our daughter is British citizen born in June 2011. Do we still need to give her details in section 3 of Set M form?

All your help will be greatly appreciated.

Thanks

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