Timing for ILR application submission

[Atisha303]

Hello Members,

I am starting the preparation for my ILR application as British citizen spouse (currently SET(M) visa holder). I've read through some of the most relevant posts here, but I would still like to have some clarifications on a few things regarding certain requirements. I am fully aware that there are quite a few common threads posted before so your patience is very much appreciated!

1. My first entry date as a SET(M) visa holder is 25/06/2015. Am I right to assume that I could submit the ILR application within 28 days to 25/06/2020 even though the expiry date for the current visa is 13/09/2020?

2. Our financial situation has varied as my partner has been both self-employed and in full time salaried employment in the past five years so we have applied using different categories in the last 2 SET(M) applications. He is currently working as a contractor at a county council. He's not directly employed by the council but through an umbrella company on rolling contract basis. Does this considered as a full time salaried employment?

3. On the other hand, we have another option to fulfil the financial requirement, that is to use our savings. We have 2 saving accounts, one being flexible and the other fixed rate. The total sum of these 2 saving accounts exceeds the requirement for the Savings category. Could we use this to meet the financial requirement or does it need to be only the sum from 1 account?

4. Am I right to assume that the supporting documents needed for ILR application are largely the same for SET(M) bar the Life in the UK test result?

It is difficult to find all the relevant information on GOV.UK website as I keep being redirected to different pages, and I end up getting a bit confused...

Many thanks for your kind help!!

[zimba]

1. My first entry date as a SET(M) visa holder is 25/06/2015. Am I right to assume that I could submit the ILR application within 28 days to 25/06/2020 even though the expiry date for the current visa is 13/09/2020?

Yes. The visa expiry date is irrelevant

2. Our financial situation has varied as my partner has been both self-employed and in full time salaried employment in the past five years so we have applied using different categories in the last 2 SET(M) applications. He is currently working as a contractor at a county council. He's not directly employed by the council but through an umbrella company on rolling contract basis. Does this considered as a full time salaried employment?

As he will be an employee of the umbrella company (agency), you can apply under category B

3. On the other hand, we have another option to fulfil the financial requirement, that is to use our savings. We have 2 saving accounts, one being flexible and the other fixed rate. The total sum of these 2 saving accounts exceeds the requirement for the Savings category. Could we use this to meet the financial requirement or does it need to be only the sum from 1 account?

See: https://assets.publishing.service.gov.u ... -ext_1.pdf

4. Am I right to assume that the supporting documents needed for ILR application are largely the same for SET(M) bar the Life in the UK test result?

Yes

[Atisha303]

Hello Zimba,

Thank you very much for replying to my queries.

Regarding the Category B for the Financial requirement, am I correct to think that the reason our case falls under Category B is because the income is based on Hourly/Daily rate and subject to the amount of the hours worked? Would Category B still apply even if my partner has in fact worked for the same council for regularly (not always) 5 days a week for the past 12 months?

I have found that following paragraphs from Appendix FM 1.7. In this case, I assume we will need to enclose the past 12 months invoices/payslips prior to the application date as supporting documents?

5.3.10. So, under Category B, the assessment of the financial requirement is based on both:
(1) The gross annual salary or income from salaried or non-salaried employment at the
date of application. This source can be combined with Category C: non-employment
income , Category D: cash savings and Category E: pension; and

(2) The actual amount of gross income received from any salaried or non-salaried
employment in the 12 months prior to the application. This can be combined with the
actual gross income received from Category C: non-employment income and
Category E: pension over the same 12-month period. Category D: cash savings
cannot be used under (2).

Additionally, I guess we could still combine Category B(1) with our Cash Savings to meet the Financial requirement, right?

Thank you very much for your help!

[seagul]

3. On the other hand, we have another option to fulfil the financial requirement, that is to use our savings. We have 2 saving accounts, one being flexible and the other fixed rate. The total sum of these 2 saving accounts exceeds the requirement for the Savings category. Could we use this to meet the financial requirement or does it need to be only the sum from 1 account?

It can be from more than one account provided the required funds (£62500) never have been fallen during the last 6 months. You can use it alone to fulfill the financial requirement without combining it with employment or other sources if it is sufficient.

[Atisha303]

3. On the other hand, we have another option to fulfil the financial requirement, that is to use our savings. We have 2 saving accounts, one being flexible and the other fixed rate. The total sum of these 2 saving accounts exceeds the requirement for the Savings category. Could we use this to meet the financial requirement or does it need to be only the sum from 1 account?

It can be from more than one account provided the required funds (£62500) never have been fallen during the last 6 months. You can use it alone to fulfill the financial requirement without combining it with employment or other sources if it is sufficient.

Hello Seagul,

Thanks very much for the reply!

In terms of using Cash Savings to meet the Financial requirement, what documents do I need to provide apart from the bank statements from the last 6 months prior to the application date?

Do I need to prove the source of the fund? The amount had been slowly added up over the years when I was postgraduate students in the UK. The main source of this saving would be the accumulation of the remainder after the tuition fees and maintenance had been paid. In this case, do I need to provide all the bank statements from the very beginning of the account?

Many thanks!

[seagul]

Hello Seagul,

Thanks very much for the reply!

In terms of using Cash Savings to meet the Financial requirement, what documents do I need to provide apart from the bank statements from the last 6 months prior to the application date?

Declaration of the source of cash savings

[Atisha303]

Hello all,

I am in the process of filing the online ILR (via SET (M) route) application. Seeing a lot of people have their applications submitted but got stuck/pending because of Coronavirus lockdown get me quite anxious about my own application. My concerns are as follows:

1) My 5 years leave completion will be fulfilled on 25/06/2020 so I would be eligible to submit ILR application 28 days prior to 25/06/2020. My current BRP valid til September so I am wondering if I would be able to submit my application ANYTIME after the 5 years marker as long as it is before my BRP expires? The reason I am asking this is because I would like to use premium service and hoping they will resume service after June.

2) I have a bit of issues with my partner's letter of employment and electronic payslips. There is no problems for us getting the letters of course but it will be likely to be electronically signed as everyone is WFM at the moment. Would electronically signed letter be suffice? Or it HAS to be printed out, signed and posted to us? Kinda feel bad to ask his WFH colleague to venture out to the post office just to post the letters to us...

Thank you very much in advance!

[CR001]

1. You can submit anytime once you qualify OR before your visa expires. As there is a huge backlog of applications, it is likely that the super priority service will remain suspended until it is cleared.

[Atisha303]

1. You can submit anytime once you qualify OR before your visa expires. As there is a huge backlog of applications, it is likely that the super priority service will remain suspended until it is cleared.

Thank you for the reply!

[Atisha303]

2. Our financial situation has varied as my partner has been both self-employed and in full time salaried employment in the past five years so we have applied using different categories in the last 2 SET(M) applications. He is currently working as a contractor at a county council. He's not directly employed by the council but through an umbrella company on rolling contract basis. Does this considered as a full time salaried employment?

Hello, I asked about the category options for financial requirement a while ago and some members had kindly pointed me to Category B as my partner's working as a contractor.

In the case of the calculation for gross annual income, am I right to do it this way?

(the sum of varied weekly income) divided by the number of weeks from the first week of this financial year, then times 52 weeks.

Currently the gross annual income is (the sum of 5 weeks income) divided by 6 weeks, then times 52 weeks.

Will this calculation be correct? The calculation might be different later on depending on the work but I assume it'd be ok as long as the calculation corroborates with the payslips submitted, right?

Thank you!