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Need to apply for ILR but in-between jobs?

Posted: Mon Feb 06, 2023 12:13 pm
by M_and_M
Hi. Hoping someone has some experience/advice re my problem.

My wife and stepson (14 yrs) are applying for their ILR (very soon). I have sponsored them for their previous FLRs on the 5 year route. But at the moment I am currently between jobs, so unemployed with no significant savings. My wife and I have a 4 year old daughter born in the UK (British Citizen).

I know that I should normally apply for ILR via family (spouse) route, but I won't currently meet the financial requirements. Also my wife only has part time work and does not earn much each year.

What are my options?
• Can my wife apply as a parent of a British National?
• Can my father sponsor, or act as guarantor for, my wife's application?
• Should I apply, and if it fails, then appeal?

Many thanks

Re: Need to apply for ILR but in-between jobs?

Posted: Mon Feb 06, 2023 12:55 pm
by zimba
You cannot apply for their ILR. Any other route or path will put them under the 10 year route and resets their ILR clock.

Re: Need to apply for ILR but in-between jobs?

Posted: Mon Feb 06, 2023 1:20 pm
by M_and_M
Thank you Zimba.

I'll apply to extend their current visas using the FLR(FP) and apply for their ILR when I have a job. Bit of a hassle and extra cost but at least there is a way.

Cheers, Mark

Re: Need to apply for ILR but in-between jobs?

Posted: Mon Feb 06, 2023 1:21 pm
by CR001
Applying for FLR(FP) and it being approved will be a 10 year route to ILR (4 x 2.5 year visas) and it resets their clock for ILR to zero. FLR(FP) is under different immigration rules to FLR(M) which they are currently on.

You will not be able to apply for ILR based on the FLR(M) 5 years route if they are granted FLR(FP) visa extensions.

Re: Need to apply for ILR but in-between jobs?

Posted: Sun Feb 26, 2023 3:19 pm
by M_and_M
Thanks CR001. Not the best news for us. Will probably have to take some more advice from an immigration lawyer tomorrow.