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Can my husband change his job while my ILR application in HO

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 7:24 am

Can my husband change his job while my ILR application in HO

Post by ilrupdates » Thu Jul 09, 2020 3:41 am

Dear members,
I submitted my set(m) application under 5 years family route on 30th June 2020. I am still waiting for biometrics appointment. My husband (British Citizen) is working for a company since last eleven years and my financial requirement was met based on his job with the same company.

My husband/sponsor wants change his current company and either wants to work as self employed or join any new company. If he does so and I inform the HO about change in his work type/job, will this be okay? while my ILR application is being considered by Home Office?

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.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can my husband change his job while my ILR application in HO

Post by vinny » Thu Jul 09, 2020 4:50 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 7:24 am

Re: Can my husband change his job while my ILR application in HO

Post by ilrupdates » Thu Jul 09, 2020 5:12 am

Hi Vinny,
You mean to say he can NOT change his job while my application is under consideration? Can you please share a link where it says on HO guidelines that change of job is not permissible after application was submitted and applicant met all financial requirements at the time 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.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can my husband change his job while my ILR application in HO

Post by vinny » Thu Jul 09, 2020 5:34 am

Please click on the my underline link(s) above for a court judgment analysis.

Some relevant rules appear to be 1
(c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).
and working legally” is in the present tense and implies must be working at the time of the decision, else the employment or self employment income will not be taken into account?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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