ILR Spouse VISA Application - financial self employed help

[LJM82]

Hi,

I have a few questions to which I can’t find definite answers to which will affect my application. I am British and my husband is Nigerian. We married in 2014 when my husband was in the UK on an Entrapranial visa, once married he switched to a Spouse Visa 5 yr route. We have been married 5 yrs now and wish to apply for ILTR and I have a few questions:

1. When can he apply - we were married on 6th July 2014 so have been married 5 years, however his visa doesn’t expire until April 2020 as it took around 6 months for his visa renewal (after 2.5yrs) to come through. Do we have to wait until March 2020 to apply or does it go from the date we were married? Or does it go from the date he switched to Spouse visa (sept 2014)?

2. My husband is currently working a 6 month contract (he has just been out of work for 6 month after being made redundant). What if when we apply for ILTR he is out of work? I don’t make the minimum earnings amount as I only work 3 days a week as have two young children. Obviously he may not be out of work but what would we need to do if he was?

3. Can he do the Life in the Uk test now? How long does it last for/how soon after taking it do you need to get your visa?

4. Would you advise using a solicitor to make visa application in order to be sure it goes smoothly? We will be paying extra for the fast track service.

Thanks, this visa stuff is so complicated, any help is appreciated.

[CR001]

1. His residence for ILR starts from the date his spouse visa was granted and not the date you married. You don't state the visa start date

2. Minimum 6 months payslips and bank statements of either of you meeting the same financial requirement as you did for the 2 spouse visa applications.

3. Yes. Liuk test doesn't expire. He also needs to meet the B1 English requirement.

4. Your choice but not needed and using a solicitor has no influence or bearing on your application.

[LJM82]

Hi,

My hubby is applying for the ILR spouse visa 5 yr route. We are confused about the financial bit as to how we can meet it.

Basically my husband has been self employed for 3 months and already earnt over the £18600 amount required however the guidance states if self employed you have to use figures/income from the last full financial year (which would not count the 3 months he has done/currently doing). He wasn’t self employed before this, he had an employed role.

The problem is it doesn’t appear we can go down the employed income route as that states you must have been employed for 6months and be currently employed - which he now isn’t.

I don’t earn enough as only work part time, so can’t use my income.

What can we do? Any advice please? Thanks

[zimba]

You cannot meet the requirement. Self employment requires you to submit the latest self assessment or company accounts.