ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Some Questions about ILR for spouse

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

Locked
User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Some Questions about ILR for spouse

Post by yoursbyheart » Tue Jan 05, 2021 8:42 pm

Dear All

Wishing you all a prosperous and healthy 2021
I am preparing to apply for my Pakistani wife's ILR and have few queries, any help is highly appreciated.
Sorry for the long message tried to give as many details as possible.

1. My wife was issued an entry clearance for one month visa on 30th April 2016 followed by a BRP valid until 30th Jan 2019 which was then extended until Sep 2021. She entered the UK on 7th May 2016, I believe we can apply 28 days before so what would be the earliest date to submit application for ILR is it 5 years from 30th April or 7th May when she entered UK.

2. A friend of mine has recently applied for the same visa(ILR under 5 year route) for his wife and he was asked to submit the proof of ownership of the property he lives in and the ID of the landlord along with a letter confirming their occupation. Is this a new requirement? just to let you know that he owns the property himself where he lives currently.
On the other hand I have rented privately and do not have any tenancy agreement plus it is shared accomodation. So my housemate has rented directly from the landlord on private arrangements and let us share by paying rent to him insted of landlord(sort of sublet or lodging). In this case what can i do, my housemate mentioned that he can get a tenancy agreement on his name and can provide a letter confirming they have no issues for us to share the property with him and his family. Would this be enough or are there any other options to fulfil this requirement without changing the accomodation.

3. Lastly, given the current circumstances if i apply her ILR in April and lose my job(i hope not but given the furlough scheme is ending April and things are not certain) while the application is with Home office, what would be my options? Will i have to withdraw application, change visa category to 10 year route or any other options, what would happen to fee etc.?

Your reply and help about above will be highly appreciated.
Kind Regards,

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Some Questions about ILR for spouse

Post by CULLINAN » Tue Jan 05, 2021 8:45 pm

SET(LR) is purely based on 10 years lawful residence in UK. It does not have any financial requirements or tenancy agreement requirements.

She can apply when she completes 10 years minus 28 days but it is best to book biometrics when she completes full 10 years (on the safe side). These days biometrics are running at a 28 day lag anyways.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Tue Jan 05, 2021 8:53 pm

Thank you Cullinan, what about other points. I personally do not prefer the 10 years route given we will have to wait another 5 years plus the high fee etc. but obviously if all else fails then this will be route we take.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Some Questions about ILR for spouse

Post by CULLINAN » Tue Jan 05, 2021 8:54 pm

Are you talking about the 10 year Long Residence OR the 10 year partner route??

Edit: I completely got it wrong. Sorry I dont know how I took it as 10 year LR.


Is your wife on spouse visa and applying ILR on SET(M)?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Tue Jan 05, 2021 8:58 pm

Yes, she is on spouse visa and i believe SET(M) would be the correct category.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Some Questions about ILR for spouse

Post by CULLINAN » Tue Jan 05, 2021 9:04 pm

1) She can apply when she completes 5 years minus 28 days from first date of entry in UK. It is best to book biometrics only when she completes 5 full years.

2) https://assets.publishing.service.gov.u ... a-v6.0.pdf

3) There is some corona concession for loss of income:
Changes to the minimum income and adequate maintenance requirement
If you’ve experienced a loss of income due to coronavirus up to 1 January 2021, we will consider employment income for the period immediately before the loss of income, provided the minimum income requirement was met for at least 6 months immediately before the date the income was lost.

If your salary has reduced because you’re furloughed we will take account of your income as though you’re earning 100% of your salary.

If you’re self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 1 January 2021 will usually be disregarded, along with the impact on employment income from the same period for future applications.
https://www.gov.uk/guidance/coronavirus ... -residents
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Tue Jan 05, 2021 9:37 pm

Thank you so much again.
1. well noted on this point, so i can apply 10th April 2021 and book biometric after 7th May 2021
2. I have gone through the file quickly but wasnt able to find specific answer on what i can provide to prove our residency being legal, please help.
3. Thanks for this as well but the concession seems to be valid till Jan 2021, if i am applying in April and lose the job while my application is in process then what happens?

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Some Questions about ILR for spouse

Post by CULLINAN » Tue Jan 05, 2021 9:41 pm

This guidance will most probably be updated soon given the recent National Lockdown. As long you meet the requirements on the day of application, you should be okay. HO will not unnecessarily penalise applicants due to corona, I believe.

I will let someone else answer (2).
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Tue Jan 05, 2021 9:43 pm

Thank you Cullinan for replying so promptly and helpful information.
I will wait for further advise from experts.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Some Questions about ILR for spouse

Post by CULLINAN » Tue Jan 05, 2021 9:45 pm

You will get better help searching the forum:
immigration-for-family-members/
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Mon Feb 01, 2021 4:10 pm

hi again

I did search the forum but couldnt find the specific answers.
I would appreciated highly if another guru can advise on this.

P.S. sorry for replying so late as i was suffering from and fighting the covid virus, much better now with the gracy of Almighty.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Fri Apr 09, 2021 2:12 am

Hi Everyone

I hope you are all well and keeping safe.

Can someone advise or guide me to a link with ILR spouse 5 year route documents required.

In addition, i do not have a tenancy agreement and cannot get one since its a verbal agreement and no documentation is available. Although i do have bank statements and other letters etc. to prove that i am living at the address. Would this be enough?

Kindly share your expert opinion on the above points

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Fri Apr 23, 2021 2:01 am

Hi

Not sure if okay to ask this question in old post or should i start a new topic but i will try here.

I am applying for my wife's ILR under 5 year route. Unfortunately i do not have any tenancy agreement or for that reason any other legal document to show the tenancy although I do have lots of letters/bank statements etc.
I have rented two rooms in a house from a friend and this is a verbal agreement. Unfortunatley he doesnt have a tenancy agreement either since he knows the landlord and no agreement was signed.

During filling in online application i was asked to provide "Evidence of monthly housing costs for the
accommodation in the UK where you live or will live
" which i do not have.

I pay the rent as bank transfer but the reference of this transaction only has the name of person and not show as "RENT". Kindly advise if there is a way around it.

I am really worried about this and look forward to any help/expert advise.

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Wed Apr 28, 2021 10:16 pm

Hi everyone

can someone reply to previous post.

in addition a quick question, while filling in the online application what salary i should put i.e my normal contractual salary or the temporary salary(due to pandemic/part furlough)

your reply will be highly appreciated.

User avatar
zimba
Moderator
Posts: 20110
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Some Questions about ILR for spouse

Post by zimba » Thu Apr 29, 2021 10:19 am

Use whatever evidence you have
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Thu Apr 29, 2021 10:37 pm

Zimba wrote:
Thu Apr 29, 2021 10:19 am
Use whatever evidence you have
Thank you so much Zimba.

eventually my housemate agreed to give me a tenancy agreement between him and myself along with a council tax bill on his name so i guess that should be okay as i pay rent to him.

can you or someone also advise about what salary i put on online application, the actual contractual salary or the temporary salary(because of pandemic with salary cut and part furlough)

User avatar
zimba
Moderator
Posts: 20110
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Some Questions about ILR for spouse

Post by zimba » Fri Apr 30, 2021 10:16 am

It is not important
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
yoursbyheart
Junior Member
Posts: 78
Joined: Wed Mar 25, 2015 8:40 pm

Re: Some Questions about ILR for spouse

Post by yoursbyheart » Fri Apr 30, 2021 10:32 pm

Thank you again :D

Locked
cron