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Question regarding existing marriage of my sponsor

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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ilrupdates
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How Early Can I apply for ILR

Post by ilrupdates » Mon Apr 22, 2019 10:37 am

Hi there,

I came to UK on 10th May 2015 as a dependent wife of British citizen on 5 Years family settlement route and the entry clearance visa was valid for 33 months. Then I got extension Visa for further 2.5 Years. The extension Visa will expire on 1st August 2020. I will complete 5 Years total stay (including 30 days outside UK stay as holidays) in UK on 10th May 2020.

Now the questions I have:

1. As I will complete 5 Years stay in UK On 10th May 2020, but existing extension Visa will expire on 1st
August 2020, Can I apply 28 days before I complete 5 years stay in UK (i.e 28 days before 10th May 2020)

OR

Can I apply for ILR as soon as I complete 5 Years i.e on 10th May 2020.? (Existing Visa will be still valid till 1st August 2020)

OR

I can ONLY apply 28 days before the expiry of existing visa, which will expire on 1st August 2020.?

I am asking this question as I heard a rumor that earliest ILR application submission time is 28 Days before the expiry of existing visa regardless the applicant completes 5 years stay much ealier than this .
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: How Early Can I apply for ILR

Post by CR001 » Mon Apr 22, 2019 10:49 am

You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
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Re: How Early Can I apply for ILR

Post by ilrupdates » Mon Apr 22, 2019 11:11 am

CR001 wrote:
Mon Apr 22, 2019 10:49 am
You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
Thank you very much dear CR001 for prompt reply.
So am I ok to apply within 28 days before 10th May 2020 as I entered UK on 10th May 2015 even if My visa expires on 1st August 2020.?

Thanks once again.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: How Early Can I apply for ILR

Post by CR001 » Mon Apr 22, 2019 11:13 am

Yes.
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Re: How Early Can I apply for ILR

Post by confused_ » Mon Apr 22, 2019 11:15 am

CR001 wrote:
Mon Apr 22, 2019 10:49 am
You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
Dear CR001

I am preparing my ILR application this week and my assumption has been that I can apply 28 days before the 5th anniversary of the date my visa was stamped. I am on Tier 2 visa.

However you have suggested the period to be counted from "Date of Entry". Could you please confirm if this is specific to an immigration category or also applies to me.

Thank you

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Re: How Early Can I apply for ILR

Post by CR001 » Mon Apr 22, 2019 11:18 am

confused_ wrote:
Mon Apr 22, 2019 11:15 am
CR001 wrote:
Mon Apr 22, 2019 10:49 am
You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
Dear CR001

I am preparing my ILR application this week and my assumption has been that I can apply 28 days before the 5th anniversary of the date my visa was stamped. I am on Tier 2 visa.

However you have suggested the period to be counted from "Date of Entry". Could you please confirm if this is specific to an immigration category or also applies to me.

Thank you
Your visa route has completely different rules to a spouse settlement visa!!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: How Early Can I apply for ILR

Post by confused_ » Mon Apr 22, 2019 11:21 am

CR001 wrote:
Mon Apr 22, 2019 11:18 am
confused_ wrote:
Mon Apr 22, 2019 11:15 am
CR001 wrote:
Mon Apr 22, 2019 10:49 am
You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
Dear CR001

I am preparing my ILR application this week and my assumption has been that I can apply 28 days before the 5th anniversary of the date my visa was stamped. I am on Tier 2 visa.

However you have suggested the period to be counted from "Date of Entry". Could you please confirm if this is specific to an immigration category or also applies to me.

Thank you
Your visa route has completely different rules to a spouse settlement visa!!!
Sorry, I missed the detail....
Just to confirm then :), my visa issue date is 21st May 2014. Therefore, I am assuming I can apply from tomorrow. Is this correct?

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Re: How Early Can I apply for ILR

Post by CR001 » Mon Apr 22, 2019 1:26 pm

confused_ wrote:
Mon Apr 22, 2019 11:21 am
CR001 wrote:
Mon Apr 22, 2019 11:18 am
confused_ wrote:
Mon Apr 22, 2019 11:15 am
CR001 wrote:
Mon Apr 22, 2019 10:49 am
You can apply for ILR no sooner than within 28 days before the 5th anniversary of the date you ENTERED the UK and you must apply at any time during this concession period and any time before your visa expires.
Dear CR001

I am preparing my ILR application this week and my assumption has been that I can apply 28 days before the 5th anniversary of the date my visa was stamped. I am on Tier 2 visa.

However you have suggested the period to be counted from "Date of Entry". Could you please confirm if this is specific to an immigration category or also applies to me.

Thank you
Your visa route has completely different rules to a spouse settlement visa!!!
Sorry, I missed the detail....
Just to confirm then :), my visa issue date is 21st May 2014. Therefore, I am assuming I can apply from tomorrow. Is this correct?
Please continue in your own topic to avoid confusing the member of this thread!!
Char (CR001 not Casa)
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Can my Sponsor/Husband resign from work after I submit ILR Application

Post by ilrupdates » Fri Jun 12, 2020 9:51 pm

Hi there,
I am going to apply for my ILR application next week under 5 years family route. All the financial requirements of £18600 income will be met at the time of application submission, my sponsor annual income will be £20012. My Husband/sponsor (who is British) wants to resign from his job soon after the submission of my application.

My question is whether there will be any negative effect on my ILR application if he does resign after fulfilling financial requirements and after the submission of application?

Thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by zimba » Fri Jun 12, 2020 10:38 pm

The rules require that the person who is proving the income to be employed when you apply. I suggest against it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ilrupdates
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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by ilrupdates » Sat Jun 13, 2020 12:20 am

Zimba wrote:
Fri Jun 12, 2020 10:38 pm
The rules require that the person who is proving the income to be employed when you apply. I suggest against it
So your opinion is that the person proving income should continue him employment even after the application is submitted and until the decision on application is made?
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by zimba » Sat Jun 13, 2020 12:40 am

Yes
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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by vinny » Sat Jun 13, 2020 4:50 am

Zimba wrote:
Fri Jun 12, 2020 10:38 pm
The rules require that the person who is proving the income to be employed when you apply. I suggest against it
Good advice.
4. This was because her own income over the 12-months immediately preceding the date of application was less than the minimum income requirement, and her husband had been made redundant in October 2015, meaning his previous income could not be taken into consideration. Nor did the Immigration Rules permit consideration of the fact he had secured employment, with an annual salary of £22,500, which commenced on 8 February 2016.
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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by seagul » Sat Jun 13, 2020 1:28 pm

ilrupdates wrote:
Sat Jun 13, 2020 12:20 am

So your opinion is that the person proving income should continue him employment even after the application is submitted and until the decision on application is made?
Because on caseworker enquiry the person need to be there. Alternatively wait for the first payslip with new employer and apply under category B.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by ilrupdates » Sun Jun 14, 2020 12:15 pm

Thank you very much for everyone for the advice. I have further few questions regarding the payslips and bank statements.

My husband gets company payslips online and same is the case with his bank statements. Now do we need to print them off first and get them verified by initials and stamps from bank & His company , OR we can download them online , save as pdf files and then upload to UKVCAS WITHOUT getting verification (signatures&stamps)

Please advise Thanks .
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by zimba » Sun Jun 14, 2020 10:50 pm

Digital evidence can be uploaded directly
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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by ilrupdates » Mon Jun 15, 2020 12:46 am

Zimba wrote:
Sun Jun 14, 2020 10:50 pm
Digital evidence can be uploaded directly
You mean no need of verification for online bank statements and payslips and I can upload them to UKVCAS as those were received to my online system? (bank and company online account)
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: Can my Sponsor/Husband resign from work after I submit ILR Application

Post by zimba » Mon Jun 15, 2020 2:58 am

Yes
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ilrupdates
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Question regarding existing marriage of my sponsor

Post by ilrupdates » Fri Jun 26, 2020 3:51 pm

Hi experts,
I was just filling online application form SET(M) for my ILR under 5 years family route and have found no question regarding the existing relationship of my husband as he was previously married and got divorce before he got married to me.

So the question about is previous marriage/relationships was asked both times when I applied first time for entry clearance and during the extension of my visa (FLR) and I had provided the evidence both times that my husband was divorced before he got married to myself.

Now in this SETm application, Home office has not asked whether my sponsor was previously married or not.
Shall I still provide the his divorce decree from his previous relationship and add this in cover letter OR there is no need for it now?

Thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

ilrupdates
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Re: Question regarding existing marriage of my sponsor

Post by ilrupdates » Fri Jun 26, 2020 4:03 pm

Hi experts I am sorry the post was posted multiple times due to error as system was telling me that there is error so tried multiple times, and I do not know how to delete duplicate posts .
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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Re: Question regarding existing marriage of my sponsor

Post by zimba » Fri Jun 26, 2020 4:22 pm

ilrupdates wrote:
Fri Jun 26, 2020 4:03 pm
Hi experts I am sorry the post was posted multiple times due to error as system was telling me that there is error so tried multiple times, and I do not know how to delete duplicate posts .
Please do not click send multiple times. There seems to be an issue with the forum for now
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Question regarding existing marriage of my sponsor

Post by zimba » Fri Jun 26, 2020 4:23 pm

ilrupdates wrote:
Fri Jun 26, 2020 3:51 pm
Hi experts,
I was just filling online application form SET(M) for my ILR under 5 years family route and have found no question regarding the existing relationship of my husband as he was previously married and got divorce before he got married to me.

So the question about is previous marriage/relationships was asked both times when I applied first time for entry clearance and during the extension of my visa (FLR) and I had provided the evidence both times that my husband was divorced before he got married to myself.

Now in this SETm application, Home office has not asked whether my sponsor was previously married or not.
Shall I still provide the his divorce decree from his previous relationship and add this in cover letter OR there is no need for it now?

Thanks
You do not need to send this if not asked
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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