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Applying for ILR for wife and need some clearification pls

Posted: Wed May 02, 2012 12:14 pm
by bob12345
hi all,

I've read through this 'board' up and down. All very very interesting and helpful to say the least. I am confused and would appreciate some help.

I am a British Citizen (Man) married to a Canadian Citizen (Lady). It is nearly time for my wife to apply for her ILR and I want to get everything clear.

Firstly I am confused about the time when she needs to apply. Her spouse visa was stamped in June 2010 but because she had to give one months notice at her place of work so she arrived in the UK in July 2010. And she went back to Canada to visit with her family for a total of 5 weeks in 2011.
Does her 2 years start from July 2010 and end in July 2012 ( so she can apply 28 days before this), or does her 5 weeks holiday mess this up for her?

Secondly on the 'UK Border Agency- settlement' ( http://www.ukba.homeoffice.gov.uk/visas ... ettlement/ ) section it say-:

"both of you can support yourselves and any dependants without needing public funds"

Well my wife can support herself but I had a heart attack a while back and an oporation to remove some bits inside me and now I'm unable to work. I'm getting ESA(IR) and DLA-mobility. My wife has been working p/t and looking after me at the same time. ( She has never claimed any benefits).
How does this effect us?

Thank you.

Posted: Wed May 02, 2012 12:38 pm
by Lucapooka
She can apply no earlier than 28 days before the 2nd anniversary of her arrival in the UK.

As long as she has not claimed benefits for herself, the application should not be refused on financial grounds.

Posted: Thu May 03, 2012 6:17 pm
by bob12345
Thank you for your kind assistance.