ILR Set(M) Financial Requirement - Rental Income

Hi,

I need a bit of advice regarding ILR.

I have been in the UK for 7 years. My ILR FM set(M) was refused September 2019 as we did not meet financial requirements. Not that we didn't earn enough, my husband started contracting & we had a baby, so I left work. We used our savings to buy a house as well (lack of foresight).

After being refused, I was put onto the 10 year partner route under paragraphs D-LTRP1.2.

Since being refused we are able to meet the financial requirements as we have 12 months of rental income that satisfies the threshold. We have met the requirement some time ago, but with a newborn & pandemic we've put it back a little while.

I was looking through the forums and saw a post by qiuyifan2000, I believe her partner was also initially refused ILR on FM but was able to successfully get ILR eventually.

Page 32 states,

"If the applicant has already completed 60 or 120 months in the UK with limited leave as
a partner, they should be informed that, should the reason they do not meet the
requirements for indefinite leave to remain be overcome, they will be eligible to make a
further charged application for indefinite leave to remain at any time within the 30
month period of leave granted under paragraph D-LTRP.1.2. or D-ILRP.1.2. They do
not need to wait until their leave expires if they become able to meet all the
requirements. If not, they should make their next application no more than 28 days
before their leave is due to expire, or no more than 28 days before completing the
period of leave in the UK required for them to be eligible to apply for indefinite leave
to remain."

https://www.gov.uk/government/publicati ... rcumstance

I believe she argued her husband was entitled to ILR based on this paragraph, which also applies to me, as the reason for not initially have met ILR has now been overcome. It states I will be eligible to make a further charged application for ILR. I am presuming this is to say I will need to apply again for set(M) 5 year route?

I really do want to get ILR & close that chapter of my life, especially in a volatile environment like a pandemic, it is very daunting not having that security of ILR. I would appreciate any advice & if I should put in an application or not.

Regards

I think qiuyifan2000 didn’t put in a fresh application. She apparently wrote a letter to them? I don’t think there’s any harm with a similar approach. I’m uncertain whether she had made a formal reconsideration request or just wrote a letter?

From her post, I understood her husband applied a second time, only to be refused again. They were being asked to pay the NHS surcharge again. Her last few posts, she mentions she wrote a letter and asked for review. I am presuming at that stage, they had not paid the NHS surcharge, technically not accepted the new visa yet. I'm not sure if there is a window after being given your ILR outcome to appeal?

I wonder if I can ask for a review before putting in a new application? From the paragraph it mentions, "they will be eligible to make a further charged application for indefinite leave to remain at any time within the 30
month period of leave granted under paragraph D-LTRP.1.2." so this leads me to believe I have to reapply again & pay the fee?

Wish I could ask her!

With regards to the reconsideration review, the decision was right to not grant me ILR. It was just very bad luck, foresight, stressful pregnancy & birth that lead to us totally forgetting to plan for the ILR application. I'm kicking myself about it now.

There is nothing under the rules as far as I see it that allows you to do that. The rules explicitly require 120 months if leave was granted under D-LTRPT.1.1. or D-LTRPT.1.2. The text you quoted above only shows up in the guide and I am not sure if it somehow applies to people who failed the 'language/criminality' requirement during their ILR rather than people who failed to meet the financial requirement. That paragraph can be interpreted in many ways but it does appear under the section that covers people who failed the 'language/criminality' requirement of ILR. However, the text itself mentions not only people will leave under D-ILRP. 1.2, but also people under D-LTRP.1.2 is mentioned too.

Section D-ILRP: Decision on application for indefinite leave to remain as a partner
D-ILRP.1.1. If the applicant meets all of the requirements for indefinite leave to remain as a partner the applicant will be granted indefinite leave to remain.

D-ILRP.1.2. If the applicant does not meet the requirements for indefinite leave to remain as a partner only for one or both of the following reasons-

(a) paragraph S-ILR.1.5. or S-ILR.1.6. applies;
(b) the applicant has not demonstrated sufficient knowledge of the English language or about life in the United Kingdom in accordance with Appendix KoLL,
subject to compliance with any requirement notified under paragraph GEN.1.15.(b), the applicant will be granted further limited leave to remain as a partner for a period not exceeding 30 months, and subject to a condition of no recourse to public funds.

D-ILRP.1.3. If the applicant does not meet all the eligibility requirements for indefinite leave to remain as a partner, and does not qualify for further limited leave to remain as a partner under paragraph DILRP. 1.2., the application will be refused, unless the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner. Where they do, and subject to compliance with any requirement notified under paragraph GEN.1.15.(b), the applicant will be granted further limited leave to remain as a partner for a period not exceeding 30 months under paragraph D-LTRP.1.2. and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Thanks for this. My application for ILR was refused under D-ILRP1.3. However, leave to remain was granted under D-LTRP1.2. of Appendix FM to the immigration rules, as I met the requirements of paragraph R-LTRP1.1(a),(b) and (d) of these Rules.

I understand the conventional rules require 10 year residency. However, if this is seen in the guide, perhaps it gives caseworkers discretion to make these decisions. It must be.

It's a confusing section; however, I do not believe it is explicit for "language/criminality". Starting from page 31, under subtitle, "Decision to grant leave to remain following an application for indefinite leave to remain" there are 5 paragraphs. The first refers to what you are saying. However the next paragraph refers to D-ILRP.1.3., which are those whom do not meet financial requirement, irrespective of language/criminality. This is where the glimmer of hope appears, that indicates his section is more than just criminality/language. The 4th paragraph talks about about discretion to accept ILR once the reason for refusal is overcome. If it was just for criminality/language it would be just for D-ILRP.1.2. but it also mentions D-LTRP1.2.

The anecdotal evidence that qiuyifan2000 relied on this & was able to have her husband achieve settlement is also strong evidence for me.

Sure. You can pursue this and let's see what happens.

tno wrote: ↑

Sat Feb 27, 2021 7:39 pm

From her post, I understood her husband applied a second time, only to be refused again.

Oops! Yes.

I am currently filling in a new application for ILR after being refused previously.

For the question below:
For either the UK or any other country, have you ever been:

Refused a visa
Refused entry at the border
Refused permission to stay or remain
Refused asylum
Deported
Removed
Required to leave
Excluded or banned from entry

If I have been previously refused ILR, do I answer yes to being refused a visa? ILR isn't a visa though is it?

Regards

i believe "Refused permission to stay or remain"

its means they denied your ILR claim and instead give you alternative stay. i think its not refused! but expert can comment on it.

Hi,

I am currently in the process of applying for ILR set(M) for myself.

I need to show that we satisfy the financial requirement. My husband has a rental property, which we have been renting and we have income of 19000 a year from this. The property is solely under my husbands name. He receives this into his bank account under his name, not a joint account. He also pays tax on the earnings as well.

Could we use this income to satisfy financial requirement for my ILR set(M) application? given I am not on the title or mortgage & the income is paid directly to my husbands account?

Regards

Guide: https://assets.publishing.service.gov.u ... .0-ext.pdf

Hello,

Just wanted to ask a quick question about using rental income to satisfy the financial requirement.

I understand it is rental income before management fees, how about expenses?

Also, apart from the monthly rental income, can a bonus/grant be counted as well? It was paid by the council to us for taking on a domestic violence tenant in our rental property?

Regards

Gross rental income will be counted as you need to submit the tenancy agreement. A payout by the council does not count as income

Thanks for the clarification Zimba. We have had two tenancy agreements in a 12 month period and a break of 2 months in-between when one tenant moved out and the other moved in. I believe that should be ok?

Hello,

I would like to clarify the dates the rental income needs to be. If I submit the application today, is it 12 months from todays date? Or any 12 month period I choose to evidence?

tno wrote: ↑

Thu Apr 08, 2021 12:44 pm

Hello,

I would like to clarify the dates the rental income needs to be. If I submit the application today, is it 12 months from todays date? Or any 12 month period I choose to evidence?

This depends on the financial year used for SET(M). Income earned outside that period is discarded.

Hi Zimba,

Thanks for your reply. I would be relying on rental income. So to evidence rental income do I rely on tax years? April 20/21 or 19/20 or 12 months from the date of application submitted? Or any 12 month period? Say from Oct/2019 to Oct/2020. Sorry I am very confused I think.

Zimba wrote: ↑

Mon Mar 08, 2021 2:44 pm

Guide: https://assets.publishing.service.gov.u ... .0-ext.pdf

Personal bank statements for or from the 12-month period prior to the date
of application showing the rental income relied upon was paid into an
account in the name of the person or of the person and their partner jointly -
the bank statements should cover the period for which the income is relied
upon

If you are ONLY relying on rental income, the period is 12 months before the date of the application

Hi Zimba,

Thank you for that. I am actually coming up 600 pounds short, so frustrating!

I have a property overseas, which we also let. Could we combine my husbands rental and my rental, so two rental properties? As we are just shy of meeting the financial threshold with just the one.

Regards

tno wrote: ↑

Thu Apr 08, 2021 7:04 pm

Hi Zimba,

Thank you for that. I am actually coming up 600 pounds short, so frustrating!

I have a property overseas, which we also let. Could we combine my husbands rental and my rental, so two rental properties? As we are just shy of meeting the financial threshold with just the one.

Regards

Yes. Read the guide

Hi,

I did read the guide, but I am a bit hesitant to use overseas rental income. I'm not sure if I will be able to get bank statements approved & I really don't want to get refused for ILR again. I just want a simple application & pick the most simple category to satisfy.

My husband has been employed under an umbrella company/agency for almost 2 months now. Normally he does short term contracting & has his own company but this contract fell inside IR35 so he had to use an umbrella/agency. Monthly gross income from the umbrella company he receives 10k, so it will be 20k in 2 months. Does this fall under category A or B? He receives payslips from the agency.

If it falls under category B, he hasn't been employed in the last 12 months. He does short term contracting via his own company, but again I am hesitant to use this, he's been running it for less than 1.5 years & I have been reading that it's the hardest category to satisfy.

Please could you clarify if employment under umbrella company falls into category A or B. Is it sufficient for him to only have 2 months employment with the umbrella/agency before I apply for ILR?

Regards

The guide is VERY clear on who can use which category. Umbrella company can be used as a form of employment. Category A requires min 6 months of full-time employment (and this must still be ongoing). Catagory B requires full time employment for less than 6 months but the evidence must be provided for the last 12 months.

Hi, I thought I'd come back and report the outcome.

My ILR was successful!

It does appear that the case workers will follow guidance at their discretion for partners applying to ILR through Set(M), who have previously failed to meet the financial requirements for a previous ILR application.

It has been a weight lifted from my shoulders. Thank you to the lady who inspired me to go down this route, she may never come back and read any of this, but her curiosity and determination gave me a glimmer of hope.

Of course can't forget all the lovely admin as well, despite the obvious questions, maybe even obnoxious from our end, your concise answers helped immensely.

Thank you