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Financial Requirement

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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claraluh
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Right time to apply for ILR

Post by claraluh » Sun Jan 12, 2020 10:50 am

Hello Everyone,

My partner got her first Spouse visa in Aug 2015 and she entered the UK on the same month, now she is on her renewed visa due to expire in Nov 2020. Can she apply for ILR in August 2020 when it makes 5 years of residency in the UK or does she have to wait till at least 28 days before visa expiry date?

Second question is: are we allowed to use the same English Language Certificate as last time (2017) (B1 level) or is there a need for a new test?

Many Thanks.

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Re: Right time to apply for ILR

Post by Casa » Sun Jan 12, 2020 11:38 am

claraluh wrote:
Sun Jan 12, 2020 10:50 am
Hello Everyone,

My partner got her first Spouse visa in Aug 2015 and she entered the UK on the same month, now she is on her renewed visa due to expire in Nov 2020. Can she apply for ILR in August 2020 when it makes 5 years of residency in the UK or does she have to wait till at least 28 days before visa expiry date? No earlier than 28 days prior to completing 5 years of residence and no later than the visa expiry date.

Second question is: are we allowed to use the same English Language Certificate as last time (2017) (B1 level) or is there a need for a new test? Yes if this is on the approved list of test providers. Life in the UK test is also required.

Many Thanks.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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claraluh
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Re: Right time to apply for ILR

Post by claraluh » Wed Jan 15, 2020 12:42 pm

Casa wrote:
Sun Jan 12, 2020 11:38 am
No earlier than 28 days prior to completing 5 years of residence and no later than the visa expiry date.
Does the residence period start counting from the day you first enter the country with a valid visa? (spouse visa in this case)

Thanks

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Re: Right time to apply for ILR

Post by CR001 » Wed Jan 15, 2020 12:55 pm

claraluh wrote:
Wed Jan 15, 2020 12:42 pm
Casa wrote:
Sun Jan 12, 2020 11:38 am
No earlier than 28 days prior to completing 5 years of residence and no later than the visa expiry date.
Does the residence period start counting from the day you first enter the country with a valid visa? (spouse visa in this case)

Thanks
Yes.
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Re: Right time to apply for ILR

Post by claraluh » Thu Jan 16, 2020 11:43 am

Thank you all for the responses.

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claraluh
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Financial Requirement

Post by claraluh » Fri Jun 26, 2020 4:31 pm

Hi Everyone,

My partner is due apply for ILR between August and November. I am furloughed since March and she wasn’t working, she is only going back to work now (as self-employed). For a few months, maybe 3 months, we didn’t meet the threshold required, but my annual contract is over 19k, but because I am furloughed I am getting less than that, and I have just learnt from my company that I might be Furloughed until October. Will that be a problem? Or they might take into consideration this whole pandemic situation?

Many Thanks

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Re: Financial Requirement

Post by CR001 » Fri Jun 26, 2020 4:54 pm

https://www.gov.uk/guidance/coronavirus ... -residents
Changes to the minimum income and adequate maintenance requirement
If you’ve experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020.

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 31 July 2020 will generally be disregarded, along with the impact on employment income from the same period for future applications.
Char (CR001 not Casa)
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claraluh
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Re: Financial Requirement

Post by claraluh » Sun Jun 28, 2020 2:28 pm

Thanks a lot!!

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claraluh
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Re: Financial Requirement

Post by claraluh » Wed Sep 23, 2020 2:42 pm

Hello Again,

My Furlough is apparently coming to an end but I have just received an email from my company and the probability of me being made redundant is very high. As mentioned in my last post we were planing to apply for my partners ILR now in November and now I am desperate as I don’t know what other options we have to prove financial requirements. Our savings is very low so we can’t rely on that, and I will have to look for another job but I don’t know if it’ll be that easy in the situation we currently find ourselves in. I could start working as self-employed but they would need my last financial year, my partner’s income is very low, I really don’t know what other options we have now.

Could anyone shed a light? :|

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Re: Financial Requirement

Post by seagul » Wed Sep 23, 2020 7:16 pm

claraluh wrote:
Wed Sep 23, 2020 2:42 pm
Hello Again,

My Furlough is apparently coming to an end but I have just received an email from my company and the probability of me being made redundant is very high. As mentioned in my last post we were planing to apply for my partners ILR now in November and now I am desperate as I don’t know what other options we have to prove financial requirements. Our savings is very low so we can’t rely on that, and I will have to look for another job but I don’t know if it’ll be that easy in the situation we currently find ourselves in. I could start working as self-employed but they would need my last financial year, my partner’s income is very low, I really don’t know what other options we have now.

Could anyone shed a light? :|
If you haven't got the sufficient cash savings then you will either have to find a new paye job or have to request to your existing employer to keep you under another role or your partner will have to start undertaking excessive work as overtime to meet the threshold. Apart from that, there has been a transient concession where a temporary loss of income would be adjudged as full normal income during march - Aug.

https://www.gov.uk/guidance/coronavirus ... -residents
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial Requirement

Post by claraluh » Wed Sep 23, 2020 8:30 pm

Would Self-employment be an option?

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Re: Financial Requirement

Post by seagul » Wed Sep 23, 2020 8:45 pm

claraluh wrote:
Wed Sep 23, 2020 8:30 pm
Would Self-employment be an option?
Won't be aptly in your circumstances.
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claraluh
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Re: Financial Requirement

Post by claraluh » Tue Sep 29, 2020 6:10 pm

So, I had the first redundancy meeting, but changes are high that I’m going to be made redundant as they cannot find any other option to avoid that. We’ll hold another meeting next week to confirm it. If Im made redundant, they have to give me a 10 weeks notice as I’m working there for over 10 years now. And we are applying for the spouse’s IRL end of October, I’ll be on notice until December. Is that going to be a problem? I can still ask my manager to be compassionate and give me a letter, but I don’t think the approval will come before December, will we be running any risk?

Thanks in advance.

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Re: Financial Requirement

Post by seagul » Tue Sep 29, 2020 8:16 pm

claraluh wrote:
Tue Sep 29, 2020 6:10 pm
So, I had the first redundancy meeting, but changes are high that I’m going to be made redundant as they cannot find any other option to avoid that. We’ll hold another meeting next week to confirm it. If Im made redundant, they have to give me a 10 weeks notice as I’m working there for over 10 years now. And we are applying for the spouse’s IRL end of October, I’ll be on notice until December. Is that going to be a problem? I can still ask my manager to be compassionate and give me a letter, but I don’t think the approval will come before December, will we be running any risk?

Thanks in advance.
I will still proceed to the application with the optimism of nothing will happens afterwards, as the income should have been sufficient on the date of application. Also, why not trying in persuading your employer in putting aside the plan of redundancy by swapping you under part time employment under new scheme "job support scheme"

https://www.gov.uk/government/publicati ... ort-scheme
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Re: Financial Requirement

Post by claraluh » Tue Sep 29, 2020 10:16 pm

seagul wrote:
Tue Sep 29, 2020 8:16 pm

I will still proceed to the application with the optimism of nothing will happens afterwards, as the income should have been sufficient on the date of application. Also, why not trying in persuading your employer in putting aside the plan of redundancy by swapping you under part time employment under new scheme "job support scheme"

https://www.gov.uk/government/publicati ... ort-scheme
I’ve already tried everything I could, I work in the tourism industry, and as we can see, it has been badly affected by this nasty virus. So to be honest, after this meeting I lost my hopes.

Talking about financial requirements, I’m on furlough since March, so I was earning just under the threshold for the past months, but my yearly contract is above the threshold and I can show the 6 months payslips previous to March, I’ve heard they had a concession until August, do you know if they will still have the concession until the Government furlough scheme lasts?

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Re: Financial Requirement

Post by seagul » Tue Sep 29, 2020 11:47 pm

claraluh wrote:
Tue Sep 29, 2020 10:16 pm
I’ve heard they had a concession until August, do you know if they will still have the concession until the Government furlough scheme lasts?
yes there is a concession for which there have no practical experience been shared yet to ascertain as what does it actually encompass besides just its theory.

https://www.gov.uk/guidance/coronavirus ... -residents
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Re: Financial Requirement

Post by claraluh » Wed Oct 07, 2020 10:52 am

So the confirmation came today that I'm actually being made redundant. I have a period of notice of 10 weeks which would end at the 17th December, but the company wants to pay all my rights and end the contract now at the end of October. The problem is, we are applying for my spouse's ILR around the 20th. If we do this, would the UKBA require a payslip for end of October or September's payslip will suffice? Because as I was informed my last payslip will include the "in lieu/Notice" pay, I asked the company if they could pay this in lieu/notice next month because I don't want this message on my payslips but they said they have to check and get back to me. They say I have a right of appeal. So, if they don't agree with what I asked, I think I would have to appeal then, because by law my notice is until 17th December, which makes me an employee until Dec, not October. The other problem is they might want to add on the Employer letter that I am on notice even though I informed them they don't have to, as at the time of application I will be still employed. OMG, why life has to be so complicated? :cry:

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Re: Financial Requirement

Post by seagul » Wed Oct 07, 2020 2:30 pm

claraluh wrote:
Wed Oct 07, 2020 10:52 am
. If we do this, would the UKBA require a payslip for end of October or September's payslip will suffice?
If the September payslips won't be older than 28 days on the date of application then should be fine.
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Re: Financial Requirement

Post by claraluh » Thu Oct 08, 2020 1:11 am

I was thinking about the other possibilities, and as I am at the final year of my University Degree and receiving Student finance support, I was wondering if I could use the Student Finance maintenance loan to top up my income?

My Partner is also registered as self employed as food delivery driver for over a year, should we add the income for the last months even though it hasn’t been much?

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Re: Financial Requirement

Post by seagul » Thu Oct 08, 2020 4:02 am

claraluh wrote:
Thu Oct 08, 2020 1:11 am
I was thinking about the other possibilities, and as I am at the final year of my University Degree and receiving Student finance support, I was wondering if I could use the Student Finance maintenance loan to top up my income?
No unless it is or will be, an academic maintenance grant or stipend paid on a tax-free
basis.
claraluh wrote:
Thu Oct 08, 2020 1:11 am
My Partner is also registered as self employed as food delivery driver for over a year, should we add the income for the last months even though it hasn’t been much?
Without its being sufficient income with corresponding documents it would not be beneficial either. Check about it here.
https://assets.publishing.service.gov.u ... .0-ext.pdf
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Re: Financial Requirement

Post by claraluh » Thu Oct 08, 2020 7:05 am

seagul wrote:
Thu Oct 08, 2020 4:02 am

Without its being sufficient income with corresponding documents it would not be beneficial either. Check about it here.
https://assets.publishing.service.gov.u ... .0-ext.pdf

let’s see, we have proof of registration as self employed, last year’s self assessments, deliveroo statements + bank statements showing payment on account. I know it’s not much but I thought would be important to add as my income was lower on the last months due to me being on furlough. If we add that, under which category should we put?

Thanks a million for taking your time and helping us. I really appreciate that!

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Re: Financial Requirement

Post by AmazonianX » Thu Oct 08, 2020 7:40 am

claraluh wrote:
Thu Oct 08, 2020 1:11 am
I was thinking about the other possibilities, and as I am at the final year of my University Degree and receiving Student finance support, I was wondering if I could use the Student Finance maintenance loan to top up my income? Only the tax free maintenance grant component of the SFE disbursement can be used for that purpose.

My Partner is also registered as self employed as food delivery driver for over a year, should we add the income for the last months even though it hasn’t been much?

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Re: Financial Requirement

Post by claraluh » Thu Oct 08, 2020 8:38 am

AmazonianX wrote:
Thu Oct 08, 2020 7:40 am
Only the tax free maintenance grant component of the SFE disbursement can be used for that purpose.
Does it include the “Adult Dependant’s Grant” ?

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Re: Financial Requirement

Post by seagul » Thu Oct 08, 2020 2:11 pm

claraluh wrote:
Thu Oct 08, 2020 7:05 am
seagul wrote:
Thu Oct 08, 2020 4:02 am

Without its being sufficient income with corresponding documents it would not be beneficial either. Check about it here.
https://assets.publishing.service.gov.u ... .0-ext.pdf

let’s see, we have proof of registration as self employed, last year’s self assessments, deliveroo statements + bank statements showing payment on account. I know it’s not much but I thought would be important to add as my income was lower on the last months due to me being on furlough. If we add that, under which category should we put?

Thanks a million for taking your time and helping us. I really appreciate that!
Make sure to read and comply with the guidance as the second chance of submitting the deficient documents is not always granted.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial Requirement

Post by claraluh » Thu Oct 08, 2020 10:36 pm

seagul wrote:
Thu Oct 08, 2020 2:11 pm
Make sure to read and comply with the guidance as the second chance of submitting the deficient documents is not always granted.
Should I send only my financial paperwork then? It will be pretty much the same paper work I’ve sent since the first application, as it’s still same employer, income etc.

Should the employer mention in the company letter that I have been on Furlough even though it’s mentioned in my payslips?

And as I have been on furlough since March, should I sent the 6 months playslips prior to March or the P60 would suffice? Or maybe I can send both payslips + P60 for 2019/2020?

Thanks again!!

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