ILR - Cash Savings Route (funds have been in shares and cash past 6 months)

[cd20]

Hi,

Wishing everyone in this wonderful community a Happy New Year!

So basically, I’ve got a family visa as a partner/spouse on the 5-year route, and have been living in the UK for 5 years now.

And my BRP is set to expire on 31st May, 2021.

Am I free to apply for ILR now or do I need to wait until closer to BRP expiry before applying?
I am pretty certain after reading gov.uk website that I should be fine to apply as soon as I've lived in the UK for a continuous 5 year period. But wanted to confirm since a friend managed to sow a seed of doubt after I had a passing conversation with her.

[CR001]

Can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK on a spouse visa. The latest you can apply is the expiry date of the current visa.

Suggest stop listening to "friends".

[cd20]

Yes, I would have lived in the UK for 5 years at the end of this month. I will get the paperwork ready and apply asap, rather than waiting till May.

Thanks!

[cd20]

I couldn't find it online.

For example can see the guidance for Set(O) here - https://assets.publishing.service.gov.u ... _04-14.pdf

but can't find one for Set(M).

Does anyone know where can I find it?

would help answer a few of my questions, some COVID-related (for stamped evidence like payslips, etc.)

[CULLINAN]

https://www.gov.uk/guidance/immigration ... d-evidence

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

[cd20]

Thank you Sir!

[cd20]

Hi everyone!

So we will be applying for ILR via the cash savings route. (spouse only)

In the past 6 months, most of our eligible savings have been in a Stock and Shares ISA account.
Basically, in the last 6 month period, these savings were in Bank Savings account as cash for 2 months, in stocks/shares ISA account as shares/stock for 2 months, and now as cash in same stocks/shares ISA account for last 2 months. I can prove all of this and that whether as cash or stocks, I had full ownership/control of the funds.

Earlier in the guidance they said the savings need to have been in cash for 6 months.

But checking rules 11 and 11a of https://www.gov.uk/guidance/immigration ... d-evidence

"This means that, where the cash savings have previously been held as investments (including where they have been held in an investment account which does not meet the requirements of paragraphs 11 and 11A(a)), stocks, shares, bonds or trust funds that were owned by and under the control of the applicant, their partner or both jointly, this ownership period can be counted towards the 6 month period. Money held as cash savings at the date of application can have been liquidated or transferred by the same owner(s) from investments and may have been held as investments for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period (see the table on page 51 for a summary of the cash savings requirements). Evidence must be provided showing that:

the investments, stocks, shares, bonds or trust funds were in the ownership and under the control of the applicant, their partner or both jointly for that part of the 6-month period prior to the date of application before they were liquidated into cash savings
the value of the investments, stocks, shares, bonds or trust funds at or before the beginning of that 6-month period was at least equivalent to the amount of the cash savings relied upon in the application
the cash savings meet the requirements of Appendix FM-SE
"

So given the above I assume I should be fine going via the cash savings route if I can prove ownership of cash/stocks, and have converted all to cash now?

Thank you in advance for any advice.

[zimba]

Correct

[cd20]

Thank you for confirming @Zimba !