Immigrationboards.com

Hi all,

My wife moved to Uk in March 2012 on a spouse visa and she may apply for her indefinite (Set M ) from March 2014.

I have gathered all the joint documents immigration required from the date she arrived. But the problem is that I was on in-capacity benefit from May 2012 because of illness and from October 2012 moved to Income-based JSA up to now. I have been looking for work since then but no luck and now my saving is around £2500. Basically been supporting my wife from my savings.

Do you think I can apply for her visa even I am on benefit because I am the one who is getting the benefit as a British citizen not her, or there will be other issues such as me receiving income-based JSA not contribution based.


2. Her visa expiry is in May2014, when is the latest we can make the application?

3. I am thinking to go through Croydon office, do you know the application approved rate or refusal rate? Do you recommend applying in person or by post in my situation and how long usually post applications take?


Thanks
Hami

Hi what I have heard that taking benefits may effect your wife IĹR application . You can apply 28 days before completing 2 years if she comes under old 2 years rule. For example if a person came here means arrival date is 14 September 2011 so you can apply from 18th August 2013 means 28 days before completion of 2 years which means submittion of application after 23 months. It depends on you in person application will charge you more as compared to by post and post one takes 5-6 months while in person application one ill send you card within 7 days.

If you are still ill you should be claiming ESA not JSA.

The test for adequate maintenance is that basically that you have £112.55 per week Net income after deducting rent. Benefit income can be included. However, a single person JSA will not cover that. If you could get a part-time job or your partner to cover that in the 3 month period before your ILR application (or even in the last month) that should be ok. Or if you can get onto ESA and it takes you over the amount that again should suffice.

The latest time you can apply is the last day of your leave.

The earliest is from 28 days before you have been in the UK 2 years.

Basically it is a big risk to apply for ILR without a job. Right?


My wife's visa expires 15th of march 2014, can we still make the application by 1st of march?

You can leave the application until the last day the visa is valid.

thank you amber

Hi. I will be applying for ILR ( set m) soon but I'm in a worrying situation regarding maintenance( old rules) . Both me and my husband are presently out of work. However we have around £20,000 in savings. we have no accommodation costs as we live with my husbands parents and have no dependants. Would these savings alone be enough to meet the adequate maintenance requirements?
Thanks.

Yes they should. If you're out of work and entitled to contribution based JSA you should be claiming it.

Thanks. He hasn't claimed JSA. Is it necessary to provide evidence of seeking work and his employment prospects?

No, but he should be claiming JSA if he is entitled to it.