New financial rules for ILR

[Batasha]

Hi guys,

I will apply next week for MY ILR. I have just one quick question regarding set(m) form .

I booked my PEO appointment and paid £1426 but the form stated that it is required to enrol your biometric information and pay a fee to post office LTd. I am so confused as i thought the biometric process will occur during my appointment.

Please I need your advice urgently.

Thanks

[Amber]

I'd just ignore that as Biometrics will be done at the appointment.

[Batasha]

one more question guys regarding SET(M) application.

In section 9.11 how long have you lived in the uk?

I lived before in uk as students on student visa for 3 years and now i'm living with my husbund on spouse visa for 2 years. Shall i have to mention the student period or just the spouse visa period?

Thanks

Batasha

[Amber]

Put 5 years.

[Batasha]

Thanks Amber for your quick answer but this question followed by the following statement " please provide details of any periods of absence of more than 6 months during that time "

So this means if i put 5 years i will open the door for my absence prior to the 2 years visa which is not required in my case as i am applying for set(m) form based on 2 years spouse visa. So , if i put 2 years in q(9.11) will this cause any problems for my application?

Thanks

[Batasha]

Big thanks to everybody helped me ,especially Amber. Finally i got my ILR on 8th of January 2014. It was same day on Sheffield. Appointment 9am and got paper with decision at 10.15am. They have said it will take 7 to 10 days to receive my biometric card.

My husband employment was PAYE in first year and self employed on the following year. I have to say to the accountant helped us and prepare very good accounts for the business.i submitted expired ielts as well.

Thanks once again to everybody.

[Amber]

Congratulations.

[WR1]

Congratulations.

Its also good to know that you submitted an expired IELTS certificate and this was accepted. A confirmation to all those still in doubt.

[inzi2k]

Hi Amber,

I have seen your responses that are always very helpful, I hope you will help me as well. I have a question for you, I am applying for my wife's ILR on FLR-M in couple of weeks.

She came to UK on 3rd Feb 2012 as a dependent of work permit holder (I had work permit then but I got ILR in March 2013). As she came here before 09th July 2013 as dependent, I think she comes under old rules and earning threshold does not apply to her.

I earn £22,000 per year, I get £1482 per month after tax, my wife used to work till Nov 13 but she has left work as she is expecting in end of Feb 2014. Her salary was £650 per month after tax.

I have £4000 saving, I want to know if

My earnings are enough for her to get ILR?

In the FLRM-M form it says, I must show that we can maintain without public fund but I could not find any amount that what it should be?

[Amber]

Confirm whether or not you were an actual work permit holder and whether your spouse still has such dep leave?

[inzi2k]

Yes I was actual work permit holder and was working for the same company who issued my work permit but I received my ILR on the bases of 10 years long residence as I completed 10 years before the completion of 5 years on work permit.

I received ILR in March 2013, I did not send her application for change of visa with me as it was not allowed. I applied her visa in Oct 3013 at PEO to change from work permit dependent to ILR dependent with FLR-M.

She is now ILR dependent. As she came here before 09th July 2013 as dependent, I think she comes under old rules and earning threshold does not apply to her.

I hope this clarifies things if not please let me know.

Thanks

[Amber]

It's 09th July 2012 not 2013, but yes you are correct. Although, she can't apply until from 28 days before she has spent two years under FLR(M), unless she qualifies under SET(LR). As:

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

And

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

[inzi2k]

Thanks Amber

She qualifies under SET (LR) but my only concern is Financial requirements. if its good enough for her ILR.

.

[vinny]

Yes I was actual work permit holder and was working for the same company who issued my work permit but I received my ILR on the bases of 10 years long residence as I completed 10 years before the completion of 5 years on work permit.

I received ILR in March 2013, I did not send her application for change of visa with me as it was not allowed. I applied her visa in Oct 3013 at PEO to change from work permit dependent to ILR dependent with FLR-M.

If she was a work permit (non-PBS) dependant, then it's a pity that she didn't apply for SET(O) in Oct 2013.

[Amber]

For SET(LR) finances shouldn't be an issue.

[inzi2k]

Thanks alot Amber

YES, she was a work permit (non-PBS) dependant.

I received work permit before PBS was introduced.

[inzi2k]

Yes I was actual work permit holder and was working for the same company who issued my work permit but I received my ILR on the bases of 10 years long residence as I completed 10 years before the completion of 5 years on work permit.

I received ILR in March 2013, I did not send her application for change of visa with me as it was not allowed. I applied her visa in Oct 3013 at PEO to change from work permit dependent to ILR dependent with FLR-M.

If she was a work permit (non-PBS) dependant, then it's a pity that she didn't apply for SET(O) in Oct 2013.

YES, she was a work permit (non-PBS) dependant.

I received work permit before PBS was introduced.

The only reason I did not use SET O in OCT 2013 because I thought she did not complete 2 years in UK so she is not qualified for ILR

[Amber]

I'm afraid you were misinformed as work permit deps do not need to complete 2 years.

[stranded]

Hi Amber,

I am stuck in a difficult situation, My wife was granted her tier 1 general dependent visa in 2009 then due to her critical pregnancy she had our first baby back home, I received my ILR last year based on Set(LR), in Sep 2013 i changed my job due to work environment and my new job is 21,000 + bonuses four times a year, I have another child born in UK this year for whom i have applied under MN1 form now my difficulty is meeting the adequate maintenance requirement. My second child's application is with home office and my rent is 660. Can you let me know that if my wife and first child would be able to switch into FLR(M). I have had a savings of 3000 which has been in our account for now 4 months, can we qualify or my wife and child will have to go back i am stuck in a situation as her current leave expires in a months time. My previous p60 show a earning of 26000-29000 due to bonuses in old job. The new job would be a better earner but i have been in it for only 5 months. I dont know if my second child will be calculated in the maintenance or no ??? If i start a second job and it has been for a month or so would that help me keep my family with me. I have never claimed benefits my family is happy and we are living fine but the job change and drop in salary is a killer in this time of life. Any advice or would i be ok to get FLR(M) switch your and other gurus reply welcome advice please.

[Amber]

Stranded, is your spouse a current PBS dep? If so, since when and has there been any break in leave since July 2012?

[nadeem toheed]

Hi Amber,
one clarification please,
I got ILR on ten years in June 2013 and my wife came in UK very first time as my student dependent in March 2006, then she switch to my PSW dependent in June 2012 and got her spouse visa in September 2013(according to old rules)
When we can apply for her ILR please?
Thanks

[Amber]

Now, by virtue of rule 287(a)(I)(d). KoLL required - LIUK and B1 English.

[stranded]

Amber she has been PBS dependent since 2009 June and we got tier 1 general extension in March 2012 that's all its the same visa.

[Amber]

Stranded, then she is under Part 8 of the immigration rules, no financial requirement, rather adequate maintenance and accommodation. Is she in the UK now and have you applied for her FLR(M) yet?

[stranded]

Hi Amber she is UK with me no i havnt applied i am just confused just dont want information would meet the maintenance requirement due to job change and bonuses separate from net salary . Do you think with all of the information i have provided i should go through or otherwise they might put my decision on hold as they are saying on their website. Thank you