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Hi guys,
Just a little bewildered, I am currently on 5 Year Partner route SET (M) and will be eligible for 10 years long residency in November 2019, In February 2019 I will be eligible to apply for SET (M), however, due to complication in my wife’s pregnancy I reduced my work and relied on household savings so far this year my salary from my previous job is £12200 with a period of 4 months of no employment (non-salary employment zero-hour contract), now I am working at a reputable organisation since beginning of this month earning £24000 (salaried employment) but my current visa is due to expire at the end of March.
My question is I fulfil category B First part (gross annual income well above £18600), however not the second part as my income for the year from both jobs would be less than the threshold at the time of submission. I am not sure, if I would be extending application for 10 year residency rule and then reapply in November for ILR under 10 year residency OR use medical evidence and apply for ILR now as shortfall is of only 2 months, moreover if the decision will be made in two months at that time I would have worked for more than six months with my current employer, any advice will be much appreciated.

If you cannot apply under SET(M) in April because of your finances, you may be able to switch to FLR(FP) route and wait until November when you can apply under long residence.

Thank you for your response, it is appreciated. Can I seek a little more consideration by asking a subsequent question? As you mentioned about April, I would have been working with my current employer for 4 months in April. Can I apply under 5 Year Partner Route in April. OR is it going to be appropriate to request HO to defer my application until Jun, as I will be able to send subsequent payslips?

Just to highlight the previous point, I voluntary went on 4 months unpaid leave with my previous employer. If I would be allowed to use only months of full-time work then my income stands well above the threshold.

It is mandatory to submit 6 months financial evidence. ILR will likely be refused if you don't submit and meet the requirements. You can't request HO to "hold" your application because you don't meet the requirements at the time you apply and submit. Their decision will be based on the evidence provided at submission point.

You don't state what date your current visa expires?

My current visa expires on 27th April, however, I will be applying 28 days before the expiry. Surely, they would consider medical evidence as it would be insane to expect someone to ignore illness of an immediate family member and engage in full-time employment to secure the visa. Additionally, not sure if I can use my wife’s income as she has not registered self-employed yet and she is engaged in self-employment for less than six months. I am not sure, what they would do with almost 2 years of my current visa where I was earning an income above the threshold.

hello JoSmith,

Am curious to know if you where successful eventually if your okay to share could put some hopes to us in a kinda similar situation.

thanx

OP has not visited since Jan. DO NOT bump old posts