advice urgently needed

[chto]

Help

I need to know where I stand on this situation.

I was a carer for my mother who passed end of March 2019, and I have a wife from abroad, we’re now looking for settlement for her, though as I am now not working (on the sick- mental health) as I am finding it hard since my mother passed, I am currently claiming Universal Credit.

How does this affect the application for ILR, and the financial aspect of it, noting we have to apply for settlement by the end of Feb ’20.

I looked at it as: I was partially a carer, and now not - had being a carer during the last period (current period of 2.5yrs) till now; but does it count, as being exempt from the financial requirements, wholly? partly? what do I need to do

[CR001]

You need to meet the financial requirements or exemption of the financial requirements at the time of ILR application.

Does your wife work?

If neither of you meet the financial requirement, she won't get ILR and she will be put on the 10 year FLR(FP) partner route (4 x 2.5 year visas).

[chto]

The wife works about £8500 annually part time. I understand it does not meet the financial requirements.

If either of us were offered a job to start post ILR application submission that exceeded the financial requirements would that count, even if we could show a contractual obligation to a role meeting the requirements but not yet started?

We have two British born kids together too., if that matters.

[zimba]

No. You must show that you met the min financial requirement in the last 12 months

[chto]

As I see it, for 21 days of the last 12 months I was a carer (exempt from UKVI financial requirements), then claiming UC at say £1000 – totalling £12000 for the year to Feb ’20, + the wife salary of £8600, gives a total of £20,600 – is this not suffice? Also noting that the wife will be taking a role from March ’20 that will be 5x her current salary (fulltime role), coupled with myself looking to take on a role part time from Mid-March.

[zimba]

Employment salary is only accepted as long as you are still employed
https://assets.publishing.service.gov.u ... -ext_1.pdf

[chto]

when you say still employed, the wife has never left work, she works part-time, £8600 I think but will move into a new role in March, such that salary will increase 5x, surely they'll take that into account.

Also, they won't count the benefit money I received?? surely that cannot be right, as with my previous calculation we met the financial requirements for the last 12 months

[chto]

Ladies, Gents I really need help, so much going on in my head, so hard to comprehend the advice already given

[chto]

Hi, given the advice already given, it is not clear if the UKVI will take into consideration the UC benefit I have been receiving, can anyone advise me? Will UKVI take into account the wife’s part-time salary? Does it even count for anything that I was a carer for 22 days of the last 12months?

The wife works (currently) part-time, as I noted before, and will move into a fulltime role in March (5x her current salary of £8600), but that’s in March after the application for ILR is submitted, will it be taken into account for ILR?

Worse case, if it is not taken into account for ILR, and the wife can negotiate to start sooner before ILR is submitted would she be covered, noting she will be meeting the financial requirements?

[choc_mouse]

it is not clear if the UKVI will take into consideration the UC benefit I have been receiving, can anyone advise me?
No, it doesn't look like it's accepted (I guess due to it being public funds):
https://assets.publishing.service.gov.u ... -ext_1.pdf

4.2.1. Income from the following sources will not be countedtowards the financial requirement:

• Universal Credit.

Will UKVI take into account the wife’s part-time salary?
- Yes, but it's below the threshold.

Worse case, if it is not taken into account for ILR, and the wife can negotiate to start sooner before ILR is submitted would she be covered, noting she will be meeting the financial requirements?
- She would not be meeting the financial requirement because she must be earning at or above the threshold for (at least) the 6 months prior to the date of application.

If you receive any of the following benefits, you would be exempt from the income threshold:

3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances inthe UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:
•Carer’s Allowance.
•Disability Living Allowance.
•Severe Disablement Allowance.
•Industrial Injuries Disablement Benefit.
•Attendance Allowance.
•Personal Independence Payment.
•Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
•Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
•Police Injury Pension

Alternatively, consider if you have exceptional circumstances to be exempt from the financial requirements (https://assets.publishing.service.gov.u ... .0-ext.pdf).

In either of these cases, you would have to show you are able to maintain yourselves without recourse to public funds (probably your wife's fulltime job). Otherwise, I guess you will have to extend the visa as suggested by CR001 and try ILR in a few years time.

[chto]

Thanks for the update-info, I understand what you’re saying, just seems silly they wouldn’t take into account the money I had coming in.

So, for example, if I or the wife had a job now, and was paid £18600 (not sure gross or net?), this week (before March) they wouldn’t take it into account, noting I or the wife would have to have been earning it over the last 12 months? I know it’s hypothetical but what happens in this situation? Also, my Carers money stopped in May, will they then accept we were exempt to this point and look from May to now to see if we had earned the difference?

[lost2020]

Hello, my husband posted this, can we get some advice please

[zimba]

Thanks for the update-info, I understand what you’re saying, just seems silly they wouldn’t take into account the money I had coming in.

So, for example, if I or the wife had a job now, and was paid £18600 (not sure gross or net?), this week (before March) they wouldn’t take it into account, noting I or the wife would have to have been earning it over the last 12 months? I know it’s hypothetical but what happens in this situation? Also, my Carers money stopped in May, will they then accept we were exempt to this point and look from May to now to see if we had earned the difference?

Advice has already been given to you. If you want to rely on employment salary, you must meet the min salary requirement in the last 6/12 months AND also still be employed. If you are NOT employed now, the money made in in the last 12 months cannot be used under category A or B. If wife is going to make more than £18,600+ in the new role, then she is required to submit 12 months of evidence under category B to show the she earned enough in the past 12 months (which does not seem to be the case here). What she is going to make in the future is NOT relevant

[lost2020]

Hi, yes advice has already been given and my husband and I are appreciative of it, though confusing for us to understand, as not all parts are clear;

1. will the UKVI take into consideration my husband was a carer for 4 months out of the 12 months to the end of Feb, that I need to meet the financial requirements, therefore I need to meet the requirements for the past 8 months?

2. if being paid once in the 12 months prior to ILR submission, is still being paid within the last 12 months and even last 6 months - in this situation, plausible or hypothetical (as my husband puts it) still meeting the financial requirements?

3. is there any additional situation that precludes the UKVI from rejecting? Let me explain, we are aware UKVI will reject my application primarily on the financial requirements not being met, we are hopeful they won't but all directiosn point to rejection, however, we have 2x children (both British Citizens - one born here the other British citizen by registration), I personally come from a country that by all western accounts has been 'invaded', such that we have been advised by UKVI not to go back (2014), and if we do then we must take the consequences - they've advised us not to go back if not necessary, and we would prefer not to use this as a means for me to stay in the UK (I guess asylum or simialr), noting we've managed previously till now (not using it as an excuse), however, it does feel we may have to use it, noting my husband is not 100% in health and simply our life and that of our kids is in the UK, so my question is this, is there room for my circumstances to be taken into account, for ILR now, or will they offer up an alternative route, direction? As I have been on the 5 yr spouse route successfully till now, then to use what may be deemed an excuse is not what we want, more-so as we do not know what that means - process, restrictions, procedures etc any advice on this one, please

[CR001]

1. No. He is no longer claiming a benefit for exemption so it is no longer relevant.

2. You need 6 months minimum payslips and corresponding bank statements showing a minimum gross income of £1550 per month.

3. 2014 is 6 years ago. If you don't meet the requirements for ilr on set m you will be considered for FLR FP 10 year partner route and have to pay the IHS. That is what the rules state I'd you do not meet the requirements for ilr. The requirements and rules regarding the financial requirement for spouse's have been in place for 8 years, nothing has changed and ho doesn't exercise discretion as another route is available and usually offered.

[lost2020]

yes 6yrs ago.. 2014 and stll the UK FCO say don't go there.

Last question, when the UKVI ask for proof of employment/salary, are they asking that one has been employed for 12 months (mandatory), or during the last 12 months they've partly and or fully been full time employed, either way (partly or fully employed) meeting and or exceeding 18600?

[zimba]

yes 6yrs ago.. 2014 and stll the UK FCO say don't go there.

Last question, when the UKVI ask for proof of employment/salary, are they asking that one has been employed for 12 months (mandatory), or during the last 12 months they've partly and or fully been full time employed, either way (partly or fully employed) meeting and or exceeding 18600?

Category A: Been employed in the last 6 months continuously with the same employer and you are still employed NOW (They need 6 months payslips)

OTHERWISE

Category B: Been employed in the last 12 months (even if partly or with multiple employers) and you are still employed NOW (They need all your payslips over the last 12 months) You must show that you made £18,600 in those 12 months

If you are NOT employed NOW, you cannot use any of your employment income AT ALL


I suggest to do yourself a favour and read the official guide : https://assets.publishing.service.gov.u ... -ext_1.pdf
It is all clear there and whatever we told you comes from this resource

[lost2020]

Hi, how long after submitting an application do we need to supply the evidence documents etc?

[lost2020]

Hi, this is important, so I hope someone can please advises me, if my BRP expires on 21st and I apply for ILR on 22nd, am I therefore classed as out of time? I just read on or before expiry of BRP, what happens now, or what are the options?

all advice is appreciated

[CR001]

Hi, this is important, so I hope someone can please advises me, if my BRP expires on 21st and I apply for ILR on 22nd, am I therefore classed as out of time? I just read on or before expiry of BRP, what happens now, or what are the options?

all advice is appreciated

Yes, it is out of time and you become an overstayer. You just apply BEFORE your visa expires, ie apply, submit and pay online no later than the expiry date. Your biometric appointment date is irrelevant.

[lost2020]

What's the process/procedure now? I've read there's a 14day grace period (used to be 28days, now 14days since 2016?)

[CR001]

If you applied after your visa expired, then you are an overstayer and have no section 3C protection, meaning you can't work or anything. The 14 days is a grace period that will be ignored only if further leave is granted. It is not a 14 days extension period if you applied late.

[lost2020]

The way I've read it, which applied to a guy who was 28days late, the advice was there is a 28day now 14 day period of which can be looked into 'why' the application was late and if the reason given is accepted would negate the lateness and ILR would be granted. I also understand it's not guaranteed.

[CR001]

Reasons would have to be exceptional, ie you were in hospital for example. Your circumstances don't appear to be exceptional. Regardless, an out of time application makes you an overstayer.

Members who have applied late and reported ilr has not been granted but 2.5 year leave to remain.

[lost2020]

Can anyone help with the ukvi definition of what is good reasons - an exhaustive list please - i have looked onlien and there is like three things.. this cannot be exhaustive let alone comprehensive.. restictive yes but not plauisable..

Also, how many days after an application must one provode the documents to a SET (M) applciation?