Changing from 10 year route to 5 year route for ILR

[naija99]

Happy new year forum
My friend has a problem and requires advice. His current leave expires on tuesday 5 January 2016.

He was initially granted 30 months as an unmarried partner on 10 year route to settlement. Now his circumstances have changed he is married and their combined income is 21,500.

He would like to apply for 5 year route to settlement. He has completed english language. The problem is his wife only started work in August 2015 i.e 4 months earning £5500 and he has been employed since August 2014 earning £16,000.

Am I right in saying they do not meet category A or B?

[naija99]

I wondered whether he could wait until his wife has completed 6 months employment i.e. 5th August to 5th February 2016 in order to qualify for category A. Then they both meet the financial requirement of £18,600 with combined income.

Could he submit his application now on that basis knowing that a caseworker will not look at it yet. He could send the extra payslips and bank statements later.....or should he wait and submit when he actually meets the requirements but bear in mind his visa expires on 5 January 2016. COuld he delay for just under 28 days?

So basically is the relevant date the date of the application or the date that the application is received by the Home Office and considered by a caseworker?

[naija99]

Obie, Casa?
Please could you advise?
Would you recommend my friend to submit his application now as visa expires 05.01.16. But wife has not quite made 6 months employment - she would have been employed 6 months on 05.02.16. If he waits he could become an overstayer.

Also would the fact that he was an illegal entrant into the UK have an impact on his application. He entered by ferry from holland without a visa.

[naija99]

Would it be advisable for him to submit 12 months payslips and bank statements along with his wife's 4 months worth of documents?

Could someone please advise as he will have to post the application tomorrow.

[naija99]

Can anyone please advise on this dilemna?

[Obie]

Seem to me, that category B may be the most appropriate, If the combine earning in the 12 months to January 2016 is 18600, and their combine earning amounts to 18600, then category B may well be invoked.

If unsure you friend could apply under FLR (FP) and vary to FLR (M) , once confident that the requirements are met.

[naija99]

Many thanks Obie