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rules before 9th july 2012

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.

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krssubbu
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rules before 9th july 2012

Post by krssubbu » Wed Apr 10, 2013 11:04 am

Hi,

i am confused with the rules before 9th july 2012

I am on ILR visa in UK. my wife and child got their spouse visa before 9th july 2012. they got their visa for 27 months

When the apply for ILR next year, do i need to show any maintainence funds ?
2. Is there any limit on days they can be out of country ?

Thanks

vinny
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Post by vinny » Wed Apr 10, 2013 11:14 am

See also Settlement.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 11:32 am

Vinny,

it doesnt mention about the earnings - so i take it as its not there. am i correct ?

Regarding, days outside UK, it does not mention anything about this - just 90 day rule - am i correct?

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Post by vinny » Wed Apr 10, 2013 11:49 am

See also Annex F: Family Members - Maintenance And Accommodation.

You should also show subsisting marriage during any long periods of separation.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 11:53 am

Sorry Vinny, i have been reading a lot of htis now and totally confused.

Considering accomodation is fine, do i need to any Earning Criteria or maintence funds to be shown ? Also what about days outside country ?

Please clarify as i get confused reading these homeoffice documents ( i must read 100 docs and 1000 forum pages)

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Post by vinny » Wed Apr 10, 2013 12:30 pm

Chapter 8: appendix FM (family members) > Annex FM 1.7a: maintenance >
5.2 Assessing the adequacy of the funds available
5.3 Presentation of Assessment of Maintenance in Refusal Letters
Explains the requirements.

You should show:
A–B≥C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
The number of days absent from the UK is not restricted for ILR. However, you should explain reasons for any long absences and show subsisting marriage.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 12:39 pm

Thanks for helping me Vinny.

I just cant seem to sub divisions under section 5.

So are you saying i need to show earnings even though the application was made before 9th July 2012. I was under the impresssion there is no earning criteria and i did not have to show one when i applied for her spouse visa before 9th july

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Post by vinny » Wed Apr 10, 2013 12:49 pm

There is a maintenance requirement (287(a)(v)). It's based on the given formula.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 12:58 pm

I can only see this under 287(a)(v)

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

Let me make sure i understand correct, is there any earning threshold i need to show ? (like £30000, £40000 / year?)


Regarding maintenance are you saying there is a X amount that needs maintaineing (if i maintain 1000 for last 3 months is this enough?)

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Post by vinny » Wed Apr 10, 2013 1:19 pm

It's based on your income, accommodation expenses and the amount of Income Support an equivalent British family of that size can receive.

See also Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC) (26 February 2013).

The case relates to entry clearances, where 281(a)(v) is applicable. However, 281(a)(v) is equivalent to 287(a)(v).
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Post by Amber » Wed Apr 10, 2013 1:26 pm

krssubbu wrote:I can only see this under 287(a)(v)

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

Let me make sure i understand correct, is there any earning threshold i need to show ? (like £30000, £40000 / year?)


Regarding maintenance are you saying there is a X amount that needs maintaineing (if i maintain 1000 for last 3 months is this enough?)
For a couple and one child then the income support amount per week is around £177. So that or above disposable income will be fine. You can claim child benefit and tax credits.
Last edited by Amber on Sat Apr 20, 2013 6:07 pm, edited 1 time in total.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 1:35 pm

Thanks D4109125 and Vinny.

Thanks for clarifying regarding maintainence.

Regarding Earnings, i need to earn a basic of £177 but there isnt a specific amount like for Tier 1 or Tier 2 where you have to show £40k yearly or on band basis, isnt it ?

Please confirm so that i can understood completely.

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Post by Amber » Wed Apr 10, 2013 1:38 pm

krssubbu wrote:Thanks D4109125 and Vinny.

Thanks for clarifying regarding maintainence.

Regarding Earnings, i need to earn a basic of £177 but there isnt a specific amount like for Tier 1 or Tier 2 where you have to show £40k yearly or on band basis, isnt it ?

Please confirm so that i can understood completely.
Correct just the basic.
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krssubbu
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Post by krssubbu » Wed Apr 10, 2013 3:34 pm

Thanks both for your help :)

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Post by vinny » Thu Apr 11, 2013 2:14 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Post by shri997 » Thu Jun 20, 2013 12:02 pm

hi,i read so many pages on this forum,still cant find my answer.i am applying for my wife's ilr(set m).combined income of me and my wife is £1300 pm and we get child tax credit £370 pm and child benifit £80 pm.we pay £800 pm for mortgage and £110 for council tax.will this income should be enough for under old rules

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Post by Amber » Thu Jun 20, 2013 12:03 pm

shri997 wrote:hi,i read so many pages on this forum,still cant find my answer.i am applying for my wife's ilr(set m).combined income of me and my wife is £1300 pm and we get child tax credit £370 pm and child benifit £80 pm.we pay £800 pm for mortgage and £110 for council tax.will this income should be enough for under old rules
Yes.
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Post by shri997 » Thu Jun 20, 2013 12:06 pm

thank you for your quick reply.how do you calculate the financial requirment

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Post by Amber » Thu Jun 20, 2013 12:14 pm

shri997 wrote:thank you for your quick reply.how do you calculate the financial requirment
Net income + benefits income (ChB and tax credit) = income
1300 + 370 + 80 = 1750 pcm

Weekly income without housing costs = 1750*12/52 = £403.85 per week

Weekly income with housing costs (800*12/52) = 403.85 - 184.62 = £219.23

Your weekly income with housing costs should equal or exceed the applicable amount for your family

Applicable amount = Couple + 1 child
112.55 + 65.62 = £178.17

£219.23 exceeds £178.17
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Post by Amber » Thu Sep 12, 2013 12:29 pm

krssubbu wrote:Hi,

I am on ILR since Feb 2012. My wife and 2 year old child got their 27 months visa on April 2012. I am confused with the rules.

Do I need to show any salary earning (like the rule after 8th July says I need a minimum of 18k) So do I need anything like this ?

Also they arrived in the UK in mid June 2012. So when is the earliest they can apply for their ILR ?

Thanks
akhan25 wrote:If they were granted visa before july then u dont need to show any income requirements u can apply for them with in 28 days of 2 years since they are in uk.
krssubbu wrote:Thanks akhan25. is there any limit on out of county also ?

Has anyone else in similar situation applied and got visa ?
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