ILR while on maternity leave

[LauraBou]

Hi all,

My husband is due to apply for ILR in April this year. We are going to go for the face to face appointment as we did for his FLR application.

My question is, can I fill in the application form online now and book an appointment for after 4/4/19 or should I wait until 4/4/19 before I fill out the application and get an appointment?

Date of entry - 2/5/14
Date of FLR expiry - 2/5/19
We can apply for ILR from - 4/4/19

I’m worrried that if I wait until 4/4/19 to complete the application then we will not be able to get a premium service centre appointment within the 28 days before his visa expires.

Thanks in advance for your help.

Laura

[CR001]

We are going to go for the face to face appointment as we did for his FLR application.

There is no longer a 'face to face' same day decision premium service. It has been closed. New service details in link below.

indefinite-leave-to-remain/online-appli ... 70084.html

My question is, can I fill in the application form online now and book an appointment for after 4/4/19 or should I wait until 4/4/19 before I fill out the application and get an appointment?

You cannot do it now. It is too early. The date you pay and submit online is the date of application, not the new service UKCVAS appointment date.

I’m worrried that if I wait until 4/4/19 to complete the application then we will not be able to get a premium service centre appointment within the 28 days before his visa expires.

No premium service any more as stated. The new service should give you an appointment within 2 weeks.

[LauraBou]

Hi all,

I apologise if this has previously been answered however I cannot find 100% confirmation for our circumstances

My husband can apply for ILR soon however I am not sure which date we are able to apply from.

His initial visa was issued on 4th April 2014 and he entered the UK on 2nd May 2014.

Should we apply from 4th April 2019 minus 28 days or 2nd May 2019 minus 28 days?

He has only been out of the UK on holiday so we are not close to the 180 day limit.

Home Office guidance is not clear on this for Spouse visas.

Thanks in advance,

Laura

[CR001]

No sooner than within 28 days before the 5th anniversary of the date he ENTERED the UK on his spouse settlement visa.

There is no '180 days absence limit' for spouse settlement or FLR(M) visa holders. This limit applies only to the Points Based System work visas.

Remember also that the date you submit and pay online is the date of application.

[LauraBou]

Thank you for your quick answer.

[LauraBou]

Hi all,

Continuation from above.

Does anyone have the specific government guidance on applying 28 days prior to completion of the 5 year period?

A solicitor today has advised ghat we should wait till my husband has reached 5 years exactly (2/5/19) before we apply but we want to apply as early as possible.

Thanks in advance,

Laura

[CR001]

The 28 days before reaching 60 months concession applies to set m. The concession applies to all visa routes and the majority of us have applied using it and not been refused. It has been in place for many years.

There is no reason to wait till exactly 60 months to apply when HO permits the slightly earlier applications.

Page 5 in the guidance notes "When to Apply", link below.

https://webarchive.nationalarchives.gov ... -form-setm

[LauraBou]

Thank you very much for your confirmation.

Just to further clarify..

5 year qualifying period 2/5/14 - 2/5/19 (minus 28 days = 5/4/19) therefore we can apply after 5/4/19.

I really appreciate your help and advice at this stressful time.

Thanks,

Laura

[CULLINAN]

Thank you very much for your confirmation.

Just to further clarify..

5 year qualifying period 2/5/14 - 2/5/19 (minus 28 days = 5/4/19) therefore we can apply after 5/4/19.

I really appreciate your help and advice at this stressful time.

Thanks,

Laura

yes but i would personally give another day and apply no earlier than 6th if you dont have any severe circumstances to do otherwise.

[LauraBou]

Thank you very much for your help.

[LauraBou]

Hi all,

Just looking for confirmation re applying for ILR for my husband while I’m on maternity leave.

I am the one meeting the financial requirement as my husband does not earn enough.
I started maternity leave on 22/4/18 and will be returning on 23/4/19.

I have been paid statutory pay which stopped in January and am now on the unpaid part of my maternity leave. We will be applying for ILR on 9/4/19.

Having read the government advice, I believe I have to provide payslips and bank statements for 6 months plus 14 weeks (the time I will be unpaid) prior to the commencement of my maternity leave.

Please can someone confirm if this is correct?

Thanks in advance,

Laura

[LauraBou]

Apologies, I didn’t know I should post on the same thread even though the topic is different.

[sg664]

Hi all,

Just looking for confirmation re applying for ILR for my husband while I’m on maternity leave.

I am the one meeting the financial requirement as my husband does not earn enough.
I started maternity leave on 22/4/18 and will be returning on 23/4/19.

I have been paid statutory pay which stopped in January and am now on the unpaid part of my maternity leave. We will be applying for ILR on 9/4/19.

Having read the government advice, I believe I have to provide payslips and bank statements for 6 months plus 14 weeks (the time I will be unpaid) prior to the commencement of my maternity leave.

Please can someone confirm if this is correct?

Thanks in advance,

Laura

Hi Laura,

I cannot confirm on your query - better leave that part of the experienced members here; but can provide my insights as I applied for ILR (now approved) when I was on unpaid part of my maternity leave. Though, please note in my case I was the main Tier 2 general applicant (5 yrs of continuous stay in UK).
In addition to the usual documents, I submitted the below documents - This was specified as required documents when I completed by application.
- Child birth certificate (proof of the need for maternity leave)
- Payslips and bank statements covering the entire period of maternity, showing the amount of SMP you have received
- Payslip and bank statement a month immediately prior to the start of maternity leave
- Letter from employer confirming the dates of maternity leave taken

Hope this helps.

[LauraBou]

Hi Sg664,

Thank you very much for your reply.

Did you have to meet the 18,600 financial requirement for your visa?

We instructed a solicitor who advised yesterday that, as I was on the unpaid part of maternity leave, we didn’t meet the financial requirement. He has since amended that advice to say our case is boderline and he will act on our behalf for £1500. This is a lot of money considering ILR will cost £3000+ itself!

I really appreciate you taking the time to apply.

Thank you,

Laura

[CR001]

Hi Sg664,

Thank you very much for your reply.

Did you have to meet the 18,600 financial requirement for your visa?

We instructed a solicitor who advised yesterday that, as I was on the unpaid part of maternity leave, we didn’t meet the financial requirement. He has since amended that advice to say our case is boderline and he will act on our behalf for £1500. This is a lot of money considering ILR will cost £3000+ itself!

I really appreciate you taking the time to apply.

Thank you,

Laura

The user that posted above was on a different visa category which has different rules and not minimum financial/income requirement for dependents.

[nootnoot]

Hi all,

Just looking for confirmation re applying for ILR for my husband while I’m on maternity leave.

I am the one meeting the financial requirement as my husband does not earn enough.
I started maternity leave on 22/4/18 and will be returning on 23/4/19.

I have been paid statutory pay which stopped in January and am now on the unpaid part of my maternity leave. We will be applying for ILR on 9/4/19.

Having read the government advice, I believe I have to provide payslips and bank statements for 6 months plus 14 weeks (the time I will be unpaid) prior to the commencement of my maternity leave.

Please can someone confirm if this is correct?

Thanks in advance,

Laura

I dont think you need to plus 14 weeks as it is still maternity leave even its unpaid.

5.5.19. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6 months prior to the date of application, the relevant date for considering the length of employment and the income from the employment can be either:
 The date of application; or
 The date of commencement of the maternity, paternity, adoption or sick leave.


I just returned to work after 52 weeks maternity leave. So I have provided 12 month payslip and bank statement before my maternity (as I have changed my job after I finish my maternity) and 1 month payslip and bank statement after I returned to work.
Dont forget you need to provide P60 and your employer confirm your employment and maternity leave.
Provide as much as you can.

[nootnoot]

Hi Sg664,

Thank you very much for your reply.

Did you have to meet the 18,600 financial requirement for your visa?

We instructed a solicitor who advised yesterday that, as I was on the unpaid part of maternity leave, we didn’t meet the financial requirement. He has since amended that advice to say our case is boderline and he will act on our behalf for £1500. This is a lot of money considering ILR will cost £3000+ itself!

I really appreciate you taking the time to apply.

Thank you,

Laura

What I want to say is I think you have met financial requirement. HO will look at your salary 6 months before your maternity leave (I assuming you are on permanent contract)

If you are not sure, you can go to your citizen service centre so something for help. Even if they cant provide any suggestion, they will redirect you to some experiences solicitors for half hour consulting, that what we did. Although I have knew pretty much about what I need to provide for my application, it is still nice to get some confirmation to build my confidence. He even send me a list that what I need to provide via email after our meeting, considering its all free! He is very nice.