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ILR worries due to unemployment please advise me thanks

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

sally12345
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ILR worries due to unemployment please advise me thanks

Post by sally12345 » Fri Apr 09, 2010 3:33 pm

Dear all, my husband is here on a spouse visa and I am very scared that he would be refused ILR in the UK due to me not working as I am expecting a child and can’t work as I am in late stages in pregnancy I do not want to rush back to work after the baby.

My husband is working and has done since he came in 2008 but we are worried that we could end up appealing due to me not working.
We don’t claim benefits apart from CTC and Child Benefit.

Would not working affect us please help I’m stressing out here thanks???

Thanks all for your time

John
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Post by John » Fri Apr 09, 2010 4:01 pm

Can you say how much your husband is earning? And also how much your housing costs are? That is, total of rent/mortgage and Council Tax?
John

mochyn
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Post by mochyn » Fri Apr 09, 2010 5:10 pm

You are a British citizen and you claiming benefits will have NO effect on his claim for ILR

sally12345
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Location: london

Post by sally12345 » Fri Apr 09, 2010 8:11 pm

Thanking you both for your posts. John my husband is on 8.50ph and the rent is £95.00 per week and the council tax is £124.00 PCM

could I ask would this be an problem then??? thanks again x

sally12345
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Location: london

Post by sally12345 » Fri Apr 09, 2010 8:30 pm

sally12345 wrote:Thanking you both for your posts. John my husband is on 8.50ph and the rent is £95.00 per week and the council tax is £124.00 PCM

could I ask would this be an problem then??? thanks again x
Sorry John I forgot to add when is the best time to apply hubbys visa runs out 28/02/11 could we apply Jan 2011.

John
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Post by John » Fri Apr 09, 2010 9:06 pm

sally12345, how many hours per week does he earn that £8.50 per hour?

When can he apply? Was the spouse visa granted outside the UK? If so, when did he first enter the UK using that spouse visa? Exact date please.
John

sally12345
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Location: london

Post by sally12345 » Sat Apr 10, 2010 8:25 am

John wrote:sally12345, how many hours per week does he earn that £8.50 per hour?

When can he apply? Was the spouse visa granted outside the UK? If so, when did he first enter the UK using that spouse visa? Exact date please.
Hi John, his visa was granted outside of the UK and he works 37.5 hours per week.

He came to the UK on the 7/12/08 thanks so much what is the exact date we can apply for ILR as I am unsure about this thanks for your time. x

lesley15
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Post by lesley15 » Sun Apr 11, 2010 8:30 pm

Thats exactly the same date my husband came to the uk on his spouse visa.I have done my calculations and think we can apply for ILR from the 8th November 2010.(28 days before visa expires)
That also means if we plan to go in person we need to make the appointment 6 weeks before that date,believe you can't actually do it any sooner.
Would be interested to see if John agrees or if i have got it completely muddled.

sally12345
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Location: london

Post by sally12345 » Mon Apr 12, 2010 8:23 am

lesley15 wrote:Thats exactly the same date my husband came to the uk on his spouse visa.I have done my calculations and think we can apply for ILR from the 8th November 2010.(28 days before visa expires)
That also means if we plan to go in person we need to make the appointment 6 weeks before that date,believe you can't actually do it any sooner.
Would be interested to see if John agrees or if i have got it completely muddled.
Hi Lesley, I argee its all very puzzling to me I sopke to someone last night and there said that I can apply at the end of Jan 2011 as long as you apply before the visa expires?? but still unsure about what to do here I hope John or some one helps us out here x

mochyn
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Post by mochyn » Mon Apr 12, 2010 9:22 am

I think you are getting confused as the Home Office now issues spousal visas for 27 months.
As Lesley15 has said you apply for your ILR 28 days before the end of the 2 year period from date of entry into the UK which she correctly stated is the 8 november 2010

sally12345
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Location: london

Post by sally12345 » Mon Apr 12, 2010 3:49 pm

mochyn wrote:I think you are getting confused as the Home Office now issues spousal visas for 27 months.
As Lesley15 has said you apply for your ILR 28 days before the end of the 2 year period from date of entry into the UK which she correctly stated is the 8 november 2010
Last edited by sally12345 on Mon Apr 12, 2010 3:56 pm, edited 1 time in total.

sally12345
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Location: london

Post by sally12345 » Mon Apr 12, 2010 3:55 pm

sally12345 wrote:
mochyn wrote:I think you are getting confused as the Home Office now issues spousal visas for 27 months.
As Lesley15 has said you apply for your ILR 28 days before the end of the 2 year period from date of entry into the UK which she correctly stated is the 8 november 2010
Hi I was told this......Don't worry, you don't have to work. For ILR the emphasis is on showing the marriage is continuing rather than finance.

Did he apply for his spouse visa from outside the UK and re-enter? If so the entry date is important to work out the first date he can apply for ILR. No earlier than 28 days before his (enquivalent) entry date...but before the visa expires.
What date did he arrive?

Please read more You can apply anytime up until the expiry date (just no earlier than 28 days before entry date).

So this is what I feel is right???

bani
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Post by bani » Mon Apr 12, 2010 4:00 pm

sally12345 wrote:
mochyn wrote:I think you are getting confused as the Home Office now issues spousal visas for 27 months.
As Lesley15 has said you apply for your ILR 28 days before the end of the 2 year period from date of entry into the UK which she correctly stated is the 8 november 2010
But I am sure that I can apply in Jan 2011 as Husbands visa does not run out untill Feb 2011 I was told that as long as I apply before his visa expires and no eariler than the 28th day on his entry then thats fine
Yes, anytime between 8 Nov 2010 and 28 Feb 2011. You've got time! Just don't wait too close to when his visa expires -- especially if you are applying by post. There could be unforeseen problems (such as UKBA messing up the credit card payment therefore invalidating your application.. it happens), it would be good to have some buffer.

sally12345
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Location: london

Post by sally12345 » Mon Apr 12, 2010 4:07 pm

bani wrote:
sally12345 wrote:
mochyn wrote:I think you are getting confused as the Home Office now issues spousal visas for 27 months.
As Lesley15 has said you apply for your ILR 28 days before the end of the 2 year period from date of entry into the UK which she correctly stated is the 8 november 2010
But I am sure that I can apply in Jan 2011 as Husbands visa does not run out untill Feb 2011 I was told that as long as I apply before his visa expires and no eariler than the 28th day on his entry then thats fine
Yes, anytime between 8 Nov 2010 and 28 Feb 2011. You've got time! Just don't wait too close to when his visa expires -- especially if you are applying by post. There could be unforeseen problems (such as UKBA messing up the credit card payment therefore invalidating your application.. it happens), it would be good to have some buffer.
#



Arrh thank you Bani, the only reason I am wanting to apply in Jan we have booked a trip over sees and we are not back untill the end of Dec 2010 so thought it would be wise to apply on the 1st Jan 2011 as long which gives us well over a month and so? thanks again

mochyn
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Post by mochyn » Mon Apr 12, 2010 4:24 pm

1st of Jan 2011 is a public holiday so you cannot apply exactly on that date, you can apply the day before or the following monday

sally12345
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Location: london

Post by sally12345 » Mon Apr 12, 2010 4:27 pm

mochyn wrote:1st of Jan 2011 is a public holiday so you cannot apply exactly on that date, you can apply the day before or the following monday
Thankyou I will apply the following week as you have stated just to be on the safe side. :D

bani
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Post by bani » Mon Apr 12, 2010 5:58 pm

sally12345 wrote:
mochyn wrote:1st of Jan 2011 is a public holiday so you cannot apply exactly on that date, you can apply the day before or the following monday
Thankyou I will apply the following week as you have stated just to be on the safe side. :D
that should be safe, the first week of jan 2011 should give you/UKBA plenty of time.

lesley15
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Post by lesley15 » Tue Apr 13, 2010 7:34 am

I think this needs checking,i have heard that the visa is a 2 year spouse visa and the 2 years starts from when they enter the uk.
They issue it for 27 months so as to allow the spouse up to 3 months to enter into the uk.Once they have entered the 2 years begins.
I am worried that if you apply in Jan 2011 his visa will have expired as he would have been in the uk for 25 months.
The HO take the 2 years from when they get the stamp from the airport in there passpoort and not from when the visa was issued.

mochyn
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Post by mochyn » Tue Apr 13, 2010 9:34 am

lesley15 wrote:I think this needs checking,i have heard that the visa is a 2 year spouse visa and the 2 years starts from when they enter the uk.
They issue it for 27 months so as to allow the spouse up to 3 months to enter into the uk.Once they have entered the 2 years begins.
I am worried that if you apply in Jan 2011 his visa will have expired as he would have been in the uk for 25 months.
The HO take the 2 years from when they get the stamp from the airport in there passpoort and not from when the visa was issued.
OP has stated that the visa expires 28/02/11.The right to stay in this country will not have expired if they plan to apply in January 2011

John
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Post by John » Tue Apr 13, 2010 10:51 am

lesley15, your understanding is wrong. Now that spouse visas are issued (outside the UK) for 27 months, the ILR can be applied for no earlier than 28 days before the 2nd anniversary of the first date of entering the UK (using that spouse visa), and no later than the date of expiry of the 27-month spouse visa.
John

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