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ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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crispy
Junior Member
Posts: 74
Joined: Mon Jun 16, 2014 9:55 pm

ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by crispy » Fri Mar 27, 2020 4:18 pm

My accountant has emailed to say I'm eligible for assistance from the recently-announced Coronavirus income support scheme for the self-employed. It would certainly be helpful.

My wife is on the 5-year route spouse visa and we're 11 months away from our ideal premium service centre appointment date, at which we'd apply for her ILR. Her visa is dependent on our COMBINED income. We have already made enough money to meet the financial requirement for the relevant financial year (the one that is about to end).

I don't want to wreck our now-clear run at the visa by accepting public funds. DOES this count as public funds and/or will the exceptional situation of the pandemic into account?

Thanks for any suggestions/guidance.
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geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by geoeng » Fri Mar 27, 2020 4:39 pm

crispy wrote: ↑
Fri Mar 27, 2020 4:18 pm
 DOES this count as public funds and/or will the exceptional situation of the pandemic into account?.
Very little official guidance on this. It would be easy, but not necessarily correct, to guess at an answer and assume it would not be considered public funds, but it may be best to contact the coronavirus immigration help centre (details in link below) to see if they have anything official to say on this matter.

However, any public funds you receive and are entitled to as a British citizen (or person settled in the UK) would not affect your wife's application, it is only her who would not be able to receive public funds (in the event the self-employment support scheme is classified as such).

https://www.gov.uk/guidance/coronavirus ... -residents
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.
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physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by physicskate » Sat Mar 28, 2020 9:23 am

geoeng wrote: ↑
Fri Mar 27, 2020 4:39 pm
crispy wrote: ↑
Fri Mar 27, 2020 4:18 pm
 DOES this count as public funds and/or will the exceptional situation of the pandemic into account?.
Very little official guidance on this. It would be easy, but not necessarily correct, to guess at an answer and assume it would not be considered public funds, but it may be best to contact the coronavirus immigration help centre (details in link below) to see if they have anything official to say on this matter.

However, any public funds you receive and are entitled to as a British citizen (or person settled in the UK) would not affect your wife's application, it is only her who would not be able to receive public funds (in the event the self-employment support scheme is classified as such).

https://www.gov.uk/guidance/coronavirus ... -residents

Agreed there is (as of yet) very little official guidance. I DO KNOW (for a fact) that this money will still be consdered taxable income, and so there is no reason it cannot be counted as income for a spouse visa.
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crispy
Junior Member
Posts: 74
Joined: Mon Jun 16, 2014 9:55 pm

Re: ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by crispy » Sat Mar 28, 2020 11:39 am

geoeng wrote: ↑
Fri Mar 27, 2020 4:39 pm
 any public funds you receive and are entitled to as a British citizen (or person settled in the UK) would not affect your wife's application, it is only her who would not be able to receive public fund
Oh! Cool. Even though we're being assessed on our combined income? Setting aside the coronavirus situation, I could always have applied for benefits if needed? (Not that they ever were).
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sophielbw91
Newly Registered
Posts: 8
Joined: Mon Apr 06, 2020 12:05 pm

Re: ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by sophielbw91 » Mon Apr 06, 2020 12:07 pm

Interested in hearing thoughts on this. I think it would be ok since it is extraordinary circumstances. When I spoke to HMRC they had no clue
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sophielbw91
Newly Registered
Posts: 8
Joined: Mon Apr 06, 2020 12:05 pm

Re: ILR (spouse, 5-year route) - will accepting COVID-19 self-employed support endanger our visa?

Post by sophielbw91 » Mon Apr 13, 2020 2:48 pm

I did speak to an immigration lawyer who said:

The government has issued guidance stating that no one should be disadvantaged because of current circumstances. That being said the guidance itself is not particularly detailed on how this will be implemented by the HomeOffice. If you accept government funds this in itself will have no impact on your application. Will you still be earning over £18,600, or will you be earning under that amount? If you continue to earn above the threshold you have nothing to worry about.
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