Funds for ILR dependent - self-employed

[Hassan10]

Hello,

I got my IRL last year and now I need to apply ILR for my wife as her 5 years on tier 2 visa has just completed. My question is about the funds that I need to show. My wife does not work and hence has no NIC number. I have recently started contracting in March 2019 and has my own limited company registered.
My questions are:
- As the company is opened in March 2019 its financial year is not completed yet and I cannot tell the income in (GBP) from self-employment in the last financial year. So, what should I do?
- As the financial year is not completed so, how can I provide the end date of the last financial year? I am applying online so; the web site does not allow me to provide any future date.
- Again, how to show what was the income (in GBP) from self-employment in the last financial year?
- My wife does not have NI will it cause any issue?

Thanks,
Regards,

[CR001]

There is no financial or maintenance funds requirement on SET(O) for PBS Dependents. Not sure why you believe there is such a requirement.

[Hassan10]

There is no financial or maintenance funds requirement on SET(O) for PBS Dependents. Not sure why you believe there is such a requirement.

Thanks for your reply,

While filling the application there is a question that says:

Which types of income will you rely on to meet the financial requirement? (Required)
You must select all types of income you will rely on from yourself, your partner or any over 18 applying children. See Appendix FM 1.7 for guidance on the types of income you can use and combine.
Employment
Self-employment
Non-employment income
Pension
Cash savings

and when I select "Self-employ," it asks further information like:

A current Appointment Report from Companies House
Company Tax Return CT600 (a copy or print out) for the last full financial year and evidence this has been filed with HMRC such as electronic or written acknowledgement from HMRC
Corporate or business bank statements covering the same 12-month period as Company Tax Return CT600
Evidence of ongoing employment as a director of the company or of ongoing dividend income from the company at the date of application
Evidence of registration with Companies House

As my company is just 5 months old so, can not provide all the details even have not setup the PAYE yet.

Any thoughts on how to fulfill these requirements.

Thanks,

[CR001]

Why are you completing form SET(M) if your spouse holds a PBS Dependent visa??

It is the wrong form and if you applying using SET(M), it will be refused as she does NOT hold a spouse settlement visa, ie. FLR(M) spouse visa.

You MUST complete form SET(O)!

[CR001]

Did you get your ILR based on 5 years Tier 2 General???

[Hassan10]

Did you get your ILR based on 5 years Tier 2 General???

Thanks,

Yes, I was on "Tier 2 (General)" and last year got the ILR based on completing 5 years on this visa.

My wife is on "PBS Dependant" and my feeling is as I am on ILR now so, my wife can apply because I am settled here, the details on the web site confused me: "Use this form SET(M) to apply online if you are already in the UK as the partner of a person, or parent of a child, who is settled here and you want to apply for settlement and a biometric residence permit."

So, what I am getting from you that my wife should apply using the same form that I did last year I mean using the SET(O) form. Please correct me if I am wrong.

Thank you so much.

Regards,

[CR001]

You are wrong and misunderstanding completely.

For SET(M), the applicant must hold the partner of settled person visa as it states in the bit you posted. Your spouse does not hold that category of visa.

Use this form SET(M) to apply online if you are already in the UK as the partner of a person, or parent of a child, who is settled here

She MUST apply on SET(O). It has everything to do with her visa category she holds, ie. PBS Dependent.

[Hassan10]

You are wrong and misunderstanding completely.

For SET(M), the applicant must hold the partner of settled person visa as it states in the bit you posted. Your spouse does not hold that category of visa.

Use this form SET(M) to apply online if you are already in the UK as the partner of a person, or parent of a child, who is settled here

She MUST apply on SET(O). It has everything to do with her visa category she holds, ie. PBS Dependent.

Thank you so much it was really helpful.

One last thing to confirm, do I need to provide any pay slip/bank statement or any evidence for financial support at all.

Thanks,

[CR001]

Please see the form SET O checklist, there is no financial requirement.

[Hassan10]

Thank you so, much for your help really appreciate.

There are few other questions in the form, just want to confirm if I have provided correct answers to below questions.

Q1. Select a category in which you are applying for indefinite leave to remain. (Required)
Tier 1 dependant
Tier 1 dependant
Tier 1 migrant
Tier 2 dependant
Tier 2 migrant
Bereaved partner
Representative of an overseas business
Retired person of independent means
UK ancestry
Any other employment
Other purposes or reasons not covered by other application forms

I have selected “Tier 2 dependant” from the above list considering my wife’s visa type is PBS Dependent. Is it correct option?

Q2. In the consent form there is below statement.
“I have agreed to provide financial support to the applicant as set out in the application form. I have provided information or documentation to support the application. I understand the Home Office may verify the information or documentation which has been provided.”

To full the above statement, if I provide the electronic copy of my bank statement (pdf) from online banking portal, I haven’t maintained any minimum balance as such, , would that be OK?

Q3. For joint account and address prove, I am using council tax that has my and my wife’s name printed on it but that letter was issued in March 2019, would it be OK?


Thanks,

Regards,