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ILR or extension?
Posted: Sat Jul 10, 2021 1:19 am
by klite12
Hi guys, I have 2 questions.
1. My wife's going to be in the UK for 5 years now in October, 2022. However her BRP card expires in June 2023. Can we apply for ILR in October 2022? Or if we want to, can we apply for the ILR say January 2023 hypothetically? How does this work.
2. When we combine cash savings from a joint ISA account with an income, do we need to provide evidence for the source of the savings? Through our jobs, or through gifts from family members? Does it need to be an extensive paper trail detailing every pound?
Re: ILR or extension?
Posted: Sat Jul 10, 2021 9:37 pm
by klite12
Does anyone have any advice for this one?
Re: ILR or extension?
Posted: Sat Jul 10, 2021 11:27 pm
by ariamus
klite12 wrote: ↑Sat Jul 10, 2021 1:19 am
Hi guys, I have 2 questions.
1. My wife's going to be in the UK for 5 years now in October, 2022. However her BRP card expires in June 2023. Can we apply for ILR in October 2022? Or if we want to, can we apply for the ILR say January 2023 hypothetically? How does this work.
If your wife is on the 5 year spouse route then she can apply for ILR once she has been in the UK for 5 years.
She may apply 28 days prior to reaching the 5 years.
The latest date you can apply would be before the current visa expires ie June 2023.
If you have all the required paperwork/finances I would suggest you apply as soon as she reaches the 5 years, as if your circumstances change after this and you would then have an issue.
Re: ILR or extension?
Posted: Sat Jul 10, 2021 11:52 pm
by klite12
If your wife is on the 5 year spouse route then she can apply for ILR once she has been in the UK for 5 years.
She may apply 28 days prior to reaching the 5 years.
The latest date you can apply would be before the current visa expires ie June 2023.
If you have all the required paperwork/finances I would suggest you apply as soon as she reaches the 5 years, as if your circumstances change after this and you would then have an issue.
Hey, thanks for the reply. So just to clarify. Is the date she physically entered the UK or the date her visa was granted?
Re: ILR or extension?
Posted: Sat Jul 10, 2021 11:54 pm
by AmazonianX
klite12 wrote: ↑Sat Jul 10, 2021 11:52 pm
If your wife is on the 5 year spouse route then she can apply for ILR once she has been in the UK for 5 years.
She may apply 28 days prior to reaching the 5 years.
The latest date you can apply would be before the current visa expires ie June 2023.
If you have all the required paperwork/finances I would suggest you apply as soon as she reaches the 5 years, as if your circumstances change after this and you would then have an issue.
Hey, thanks for the reply. So just to clarify. Is the date she physically entered the UK or the date her visa was granted?
For spouse visa, the relevant date is that on which she entered the UK.
Switching/Leaving job during Spouse ILR process?
Posted: Sun Jul 11, 2021 12:42 am
by klite12
Hi,
I was wondering, if someone was to resign, change, or get dismissed from their job while their ILR application is being processed (I.E Not granted as of that moment of time) - does this hold any bearing on the application? I'm just curious as during my previous spouse visa extensions my lawyer had told me that until it's approved you cannot leave or change your job. Is the process different for the ILR?
So if the home office was to contact your employer to verify your documents and they advise this employee no longer works here as of X date then would they reject your application?
Just curious about this really as I'm a recent graduate and considering different employment options which are all coinciding with our spouse visa ILR date!
Re: ILR or extension?
Posted: Sun Jul 11, 2021 12:42 am
by klite12
For spouse visa, the relevant date is that on which she entered the UK.
Ahh understood, thank you!
Re: Switching/Leaving job during Spouse ILR process?
Posted: Sun Jul 11, 2021 3:15 pm
by klite12
I think my topics got merged but is anyone able to answer my new question above
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 1:51 pm
by zimba
klite12 wrote: ↑Sun Jul 11, 2021 12:42 am
Hi,
I was wondering, if someone was to resign, change, or get dismissed from their job while their ILR application is being processed (I.E Not granted as of that moment of time) - does this hold any bearing on the application? I'm just curious as during my previous spouse visa extensions my lawyer had told me that until it's approved you cannot leave or change your job. Is the process different for the ILR?
So if the home office was to contact your employer to verify your documents and they advise this employee no longer works here as of X date then would they reject your application?
Just curious about this really as I'm a recent graduate and considering different employment options which are all coinciding with our spouse visa ILR date!
NO effect. The decision under the family route is based on your financial circumstances on the day of application as per rules
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 3:09 pm
by klite12
Zimba wrote: ↑Mon Jul 12, 2021 1:51 pm
NO effect. The decision under the family route is based on your financial circumstances on the day of application as per rules
Thank you Zimba! I was by my lawyer that they may call afterwards which may lead to issues but it always confused me as the application had already been submitted.
Secondly, unsure if you can help but hypothetically say I decide on using savings combined with income for the ILR application. I understand the /2.5 formula doesn't apply for ILR on savings above 16,000 - however say my dad who is a self-employed taxi driver or my my mum who is in full time employment decide to gift me say £5,000 or £4,000 each - would I need to simply provide a signed statement from myself and them articulating it or do I need to go ALL the way through their income too to evidence the SOURCE of the gift income?
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 3:45 pm
by zimba
No but the money must be held for at least 6 months
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 8:38 pm
by klite12
Zimba wrote: ↑Mon Jul 12, 2021 3:45 pm
No but the money must be held for at least 6 months
Thanks a lot for your help Zimba, it's greatly appreciated. Last thing I wanted to confirm, and I do apologise for the abundance of questions.
1. Am I correct in understanding that I as the sponsor/UK citizen have no limit on how much I can travel during the ILR stage (Internationally)? Not for leisure, but for work if I am sent away on different assignments etc for a brief period of time (For UK-Based employment).
2. Does domestic travel (within the UK) play any factor within the ILR application? I.E if my work has me going up and down the UK.
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 9:00 pm
by zimba
1. Family route visa has no absence limit
2. No
Re: Switching/Leaving job during Spouse ILR process?
Posted: Mon Jul 12, 2021 9:03 pm
by klite12
Zimba wrote: ↑Mon Jul 12, 2021 9:00 pm
1. Family route visa has no absence limit
2. No
Okay, thank you! I was under the impression for ILR you could only be out of the country for a limited period of time (for the actual applicant). Thanks a lot Zimba!