Slight ilr confusion

[coltgti]

Hello, my name is James and I'm new to immigration boards. I'm in some serious need of help, which is a very complicated issue.

My wife who is Russian is due to apply for her indefinite leave to remain, however she is currently sectioned under the mental health act. Because of this she has been unable to do her life in Britain test and also her English test. We do however have enough evidence that she is unable to complete these tests.

Also, we have a young child, who is 4 years old. He is an English citizen.

Now, here's were it gets interesting, 3 months ago I was diagnosed with angina, and I am currently unable to return to work. My employer has refused to pay my wages, which is understandable, and therefore I will be unable to meet the income threshold. I normally do have a well paid job salaried at 28k. Is there anything I can do so her application isn't rejected?

[zimba]

If you cannot meet the financial requirement, then she cannot get ILR. You might have to apply for extension under FLR(FP) which is the 10 year partner route

[coltgti]

My wife's visa is due to expire in August. However, has of mid April this year she will be here for 5 years.

When can she apply for ilr? Will it be April or August?

[CR001]

Your previous post suggest you don't meet the financial requirement. If you/she don't meet it, she won't qualify for ILR.

On what date did your wife enter the UK with a spouse visa in 2014 (presumably not a 6 month fiance visa first)??

[coltgti]

I can meet it if we apply now though not in August.

[CR001]

On what date did your wife enter the UK with a spouse visa in 2014 (presumably not a 6 month fiance visa first)??

[coltgti]

cr001 her spouse visa was given in March 2014, she then moved here in April 2014.

[CR001]

IF you meet the financial requirements, which you don't appear to as you haven't been working, then she can apply no sooner than within the 28 days before the 5th anniversary of her entry date to the UK.

The fact that she has been section might complicate things a bit, but not sure. She does need to attend in person to submit her biometrics etc.

[coltgti]

Sorry for any vague responses guys, all help is greatly appreciated. When I was first off sick I took 6 weeks on holiday. So currently only had 5 weeks on sick pay.

I've totalled up my wages upto the end of March and they more than clear the 18600 required.

Again, thanks for everyones help and sorry for any vague responses.

[coltgti]

Cr001 I have been to see my wife consultant today, who will allow her leave to take her biometrics, with her English and life in UK test, she doesn't need to do that because of her mental health.

As far as I know, being sectioned isn't a crime, so hopefully being sectioned won't affect too much. I guess we will need a lawyer though this time, thankfully we have quite a supportive family here in the UK.