Set (M) application (pre 9thJuly 2012 rules on initial visa)

[dza926]

Firstly, I apologise if this has been cleared up in the 'sticky' posts at the top of the forum; I have looked in them, but can't seem to find exactly what I'm looking for.

My wife applied for a spouse visa before the rule changes that came in on 9th July 2012. She was granted the 27 month visa in August 2012.

Do we have to meet the income requirement of £18,500 when applying for the indefinite leave to remain?

Also, when do we have to apply (as in how many months before the initial visa runs out)?

Many thanks in advance.

[vinny]

Firstly, I apologise if this has been cleared up in the 'sticky' posts at the top of the forum; I have looked in them, but can't seem to find exactly what I'm looking for.

My wife applied for a spouse visa before the rule changes that came in on 9th July 2012. She was granted the 27 month visa in August 2012.

Do we have to meet the income requirement of £18,500 when applying for the indefinite leave to remain?

No.

Also, when do we have to apply (as in how many months before the initial visa runs out)?

Many thanks in advance.

She may apply for ILR no sooner than 28 days prior to 2nd anniversary of her initial arrival in the UK on her spouse visa and before her leave expires.

[dza926]

Thanks Vinny, that was a quick response!

I probably sound like an idiot here, but what is all this £18,500 business about? Does this only apply to applications made for the initial spouse visa, when the applicant is outside of the UK? I seem to remember myself and my wife making sure we got her application in before the July 2012 rule changes.

Sorry for the silly questions; I have forgotten about a lot of this stuff, I haven't really thought about it since she got the spouse visa!

[Amber]

Thanks Vinny, that was a quick response!

I probably sound like an idiot here, but what is all this £18,500 business about? Does this only apply to applications made for the initial spouse visa, when the applicant is outside of the UK? I seem to remember myself and my wife making sure we got her application in before the July 2012 rule changes.

Sorry for the silly questions; I have forgotten about a lot of this stuff, I haven't really thought about it since she got the spouse visa!

The new financial requirement is for those applicants who fall outside the pre-July 2012 Part 8 rules and are now subject to Appendix FM (click) such applicants are also subject to a 5 year settlement route as opposed to the 2 year one in which your partner is on.

[dza926]

Thanks D4109125!

Just to clarify something a little more (once again I apologise for being an idiot here):

She applied for the Spouse visa before the 9th July 2012 rules changes, but was granted the visa in August 2012...but for the purposes of her indefinite leave application in the future, she will be held to the pre-July 2012 rules, correct?

Will the UKBA automatically know this, or will we have to provide evidence of when her initial Spouse Visa application was made?

For my own peace of mind, would the UKBA be able to give us something in writing to state that my wife's indefinite leave application would be made under those pre-July rules? I only ask this as we have been the victims of errors made by the UKBA in the past, and I want to try and avoid that (i.e. the UKBA holding my wife's application to the new rules when she should be under the pre July 2012 ones).

[Amber]

Thanks D4109125!

Just to clarify something a little more (once again I apologise for being an idiot here):

She applied for the Spouse visa before the 9th July 2012 rules changes, but was granted the visa in August 2012...but for the purposes of her indefinite leave application in the future, she will be held to the pre-July 2012 rules, correct?

Will the UKBA automatically know this, or will we have to provide evidence of when her initial Spouse Visa application was made?

For my own peace of mind, would the UKBA be able to give us something in writing to state that my wife's indefinite leave application would be made under those pre-July rules? I only ask this as we have been the victims of errors made by the UKBA in the past, and I want to try and avoid that (i.e. the UKBA holding my wife's application to the new rules when she should be under the pre July 2012 ones).

The old rules, stop worrying use the Settlement Checking Servicewhen you come to submit your set(m) application as that should put your mind at rest. Until then, just wait and collect your cohabitation evidence.

[dza926]

The old rules, stop worrying use the Settlement Checking Servicewhen you come to submit your set(m) application as that should put your mind at rest. Until then, just wait and collect your cohabitation evidence.

Once again, thank you D4109125, I will try to stop worrying so much about it!