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Need HELP tricky topic
Posted: Sat Dec 01, 2018 11:46 am
by Ivann
Hello all, if anyone could help please it will be massively appreciated.I am British citizen,but my wife and daughter need to apply for ILR next year - they are on spouse visa,extended 2 years ago,on 5 years route.Before I had a job earning over needed 22.4K but in meantime last year I change job and now earning 20K but in this package I have free of charge accommodation working as a house manager in residential block and part of my job package is 2 bedroom flat free of charge so we are not paying any rent and any bills at all.Employer is paying all.We are living in central London area.
I know on paper is less than 22.4K needed to meet requirements but in reality is that my salary package is over 50K because if we rent same size flat and pay all bills including council tax we are looking for me than 25-30K a year.
So do you think that any support letter with application will be helpful when times come for us to apply in order for them to understand or any opinions will be very much appreciated.
I hope I was clear enough .. many thanks !
Ivann
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 3:43 pm
by Djsuccess
Ivann wrote: ↑Sat Dec 01, 2018 11:46 am
Hello all, if anyone could help please it will be massively appreciated.I am British citizen,but my wife and daughter need to apply for ILR next year - they are on spouse visa,extended 2 years ago,on 5 years route.Before I had a job earning over needed 22.4K but in meantime last year I change job and now earning 20K but in this package I have free of charge accommodation working as a house manager in residential block and part of my job package is 2 bedroom flat free of charge so we are not paying any rent and any bills at all.Employer is paying all.We are living in central London area.
I know on paper is less than 22.4K needed to meet requirements but in reality is that my salary package is over 50K because if we rent same size flat and pay all bills including council tax we are looking for me than 25-30K a year.
So do you think that any support letter with application will be helpful when times come for us to apply in order for them to understand or any opinions will be very much appreciated.
I hope I was clear enough .. many thanks !
Ivann
My understanding is the minim earning is required irrespective of your spending. Maybe you can discuss with our employer to increase your salary?
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 4:09 pm
by Ivann
I don't understand how home office can justify this, because no one is able to live in London renting 2 bedroom flat ( minimum requirements with 1 child ) and living month through with required salary of 22.4K per annum which is something like 1.450 per month with all bills + c.tax, transportation,food ...this is virtually impossible because even in zone 6 or further this amount above will be just maybe enough to rent place and pay bills and c.tax maybe
.. without food, transportation,clothes etc etc ...
I really don't know how they look into these points ?
I will miss maybe 2K per annum ( difference from requested salary ) but again I Don't pay anything as I stated all above is paid by my company.
Thank you
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 4:24 pm
by Djsuccess
Ivann wrote: ↑Sat Dec 01, 2018 4:09 pm
I don't understand how home office can justify this, because no one is able to live in London renting 2 bedroom flat ( minimum requirements with 1 child ) and living month through with required salary of 22.4K per annum which is something like 1.450 per month with all bills + c.tax, transportation,food ...this is virtually impossible because even in zone 6 or further this amount above will be just maybe enough to rent place and pay bills and c.tax maybe
.. without food, transportation,clothes etc etc ...
I really don't know how they look into these points ?
I will miss maybe 2K per annum ( difference from requested salary ) but again I Don't pay anything as I stated all above is paid by my company.
Thank you
I perfectly understand you. I will suggest you wait for more responses here or speak to a solicitor
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 4:31 pm
by Casa
The pre-9th July 2012 Immigration Rules (which I believe were fairer) required applicants to meet the 'adequate maintenance' level and was calculated by the amount remaining weekly after rent or mortgage and Council tax had been deducted from income.
Since this date however, regardless of disposable income and whether the applicant in living rent-free, the requirement is to meet in minimum earnings level, which is your case is £22,400 p.a
Many live rent-free with parents for example, but the minimum income level still applies.
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 4:41 pm
by Djsuccess
Casa wrote: ↑Sat Dec 01, 2018 4:31 pm
Since this date however, regardless of disposable income and whether the applicant in living rent-free, the requirement is to meet in minimum earnings level, which is your case is £22,400 p.a
Many live rent-free with parents for example, but the minimum income level still applies.
Thanks for the confirmation. That was my exact interpretation.
Re: Need HELP tricky topic
Posted: Sat Dec 01, 2018 4:49 pm
by Ivann
Many thanks for all your help guys, so in short most likely will be refused & any idea that I might be successful if I am refused to go on tribunal ?
Need HELP ( ILR passports )
Posted: Sun Jan 13, 2019 10:41 pm
by Ivann
Dear All, we are about to apply for ILR - spouse + 1 dependent (child ), we only don't understand as there is confusion ( at least we are confused lol ),
I am British citizen, my wife and daughter aplying for ILR , I understand that they need to send their passports + cards , I also understand that I need to send my British passport ? Is this correct ?
And additional question is - because I have dual citizenship British and one more same as my wife and daughter do I have to send my another passport or not ? I prefer to have with me at least that one just for travel emergency - in case.
Please if someone can clarify this for us .
Many thanks in advance.
Best regards !!!
Re: Need HELP tricky topic
Posted: Sun Jan 13, 2019 11:17 pm
by zimba
They need to apply online and attend the appointment. All documents will be scanned and returned to them. Your British passport copy will suffice for proof
Re: Need HELP tricky topic
Posted: Sun Jan 13, 2019 11:53 pm
by Ivann
Zimba, many thanks for answer.
Do you know usually difference between online and postal application - in terms of timeline - is there any difference in timelines for decision in general?
Just to clarify , in case if we send by post do I have to send my British passport with their non British passports and cards AND my other passport which is non British because I have dual citizenship or just British?
Thank you in advance.
Re: Need HELP tricky topic
Posted: Mon Jan 14, 2019 12:42 am
by zimba
You should not send it by post as the postal route including many of the forms are
officially withdrawn.
You should only use the official online and UKVCAS appointment services as instructed by the UKVI
Re: Need HELP tricky topic
Posted: Mon Jan 14, 2019 12:49 am
by Ivann
Noted, thank you.
Still no answer about passports , if anyone knows please let me know, cheers
Re: Need HELP tricky topic
Posted: Mon Jan 14, 2019 12:59 am
by zimba
YOu DO NOT need to give your other passport. You are British that is all
Re: Need HELP tricky topic
Posted: Mon Jan 14, 2019 11:32 am
by Ivann
Great, many thanks !!