ILR for Spouse - Financial Req - Employed or Self-Employed

[Deejo89]

Hi,
My wife landed in the UK in Aug 2016. Since she was not able to travel to UK after getting her UK VISA back in Jan 2015 till Aug 2016, we had to renew her visa in UK twice.

• Aug 2016 - First time landed in the UK - Visa was granted in India around Jan 2015

• Aug 2017 to Mar 2020 - Renewal in the UK

• Jun 2020 to Jan 2023 - Renewal in the UK

From Aug 2016 to Jul 2022, she has already completed 5 years and 11 months in the UK. Her current visa is valid till Jan 2023.

Question 01: Can we apply for her UK ILR (5-year route) as the partner of a person who is a British Citizen now or Should we wait till Jan-2023?

Question 02: Related to absences from UK. She was outside of the UK during the following period. Will this be an issue? Please highlight.

• 178 days between 22nd Aug 2017 to 16th Feb 2018

• 35 days between 6th Dec 2018 to 9th Jan 2019

• 26 days between 17th Dec 2021 to 11th Jan 2022

Please share your responses. Thank You!

[Ticktack]

Hi,
My wife landed in the UK in Aug 2016. Since she was not able to travel to UK after getting her UK VISA back in Jan 2015 till Aug 2016, we had to renew her visa in UK twice.

• Aug 2016 - First time landed in the UK - Visa was granted in India around Jan 2015

• Aug 2017 to Mar 2020 - Renewal in the UK

• Jun 2020 to Jan 2023 - Renewal in the UK

From Aug 2016 to Jul 2022, she has already completed 5 years and 11 months in the UK. Her current visa is valid till Jan 2023.

Question 01: Can we apply for her UK ILR (5-year route) as the partner of a person who is a British Citizen now or Should we wait till Jan-2023? It doesn't matter what you are now, what matters is "what you were then". What spouse visa did she enter on? What was said in her renewal letter? What route is/was she on?

Question 02: Related to absences from UK. She was outside of the UK during the following period. Will this be an issue? Please highlight.

• 178 days between 22nd Aug 2017 to 16th Feb 2018

• 35 days between 6th Dec 2018 to 9th Jan 2019

• 26 days between 17th Dec 2021 to 11th Jan 2022

Please share your responses. Thank You!

[Deejo89]

Thank you @Ticktack

When my wife applied for a UK visa in Jan 2015, I had UK ILR.

[Ticktack]

Thank you @Ticktack

When my wife applied for a UK visa in Jan 2015, I had UK ILR.

Based on UK immigration law, there is no specific number of maximum absences for those applying for ILR from Spouse Visa.
Also you stated that she's done almost her 5 years. She's free to apply 28 days to the day.

[Deejo89]

Hi,

I am a British Citizen and got my ILR around Jan'2014 and later British nationality around mid of 2015. My wife and kid travelled to the UK for the first time around Aug'2016 as my dependent i.e., dependent of a person who has ILR.

Now, we are filling in the online SET(M) form for applying for ILR for my wife and kids.

I need help in filling the financial requirements section. My wife is not working so we need to meet our financial requirements through my income.

Below is my work status for the last 1 year.

• Between today and April 7th 2022 - I am working as an Outside IR35 contractor. I have my company and I do receive salary and dividends from the same. I am the Director of my company

• Between Feb 18 2022 and April 6 2022 -- I was working as an Inside IR35 contractor

• Since Jan 2021 and Feb 17 2022 -- I was working as a full-time permanent employee

Should I select the checkboxes for both Self-Employment and Employment? If so, the form is not allowing me to specify the details as I have mentioned above in chronological order. Considering that I am both self-employed and employed full-time AT THE SAME TIME which is not correct in my case.

Please advise.

[zimba]

You will be applying under category G or F, which means you can only rely on your income from contracting as you are no longer employed. Your previous full-time employment income cannot be combined as it is NOT a source of income at the time of application:

Income under Category F or Category G can be combined with income from salaried
and non-salaried employment, non-employment income and pension income in order
to meet the financial requirement. However, unlike with other Categories, these
sources of income must fall within the relevant financial year(s) in order to be
included. Under Category F or Category G, all sources of income must fall within the
financial year(s) relied on and must still be a source of income at the time of
application.

You therefore can only use the income within the last self-assessment year April 2021-22 or your latest company accounting period.

https://assets.publishing.service.gov.u ... rement.pdf

[Deejo89]

Thank you, Zimba for your response.

Can you please clarify the below?

Last financial year [between 6th April 2021 and 5th April 2022], during this period I was not a contractor. I was not having any income from my company. I was working in a permanent position during that period.

Effective from 7th April 2022 till date, I am working as a contractor via my own LTD company.

So, is it sufficient if I submit the payslips and dividend vouchers from Apr'2022 to date?

[zimba]

I certainly suggest reading the official guide. If you work as a contractor/self-employed/company director, then the requirement can ONLY be met by providing an annual tax return over a financial period (or the average of the last two financial years). So the amount of money you simply made over the last year becomes irrelevant. Go to the guide and carefully read the requirements under the categories F and G. Also note that you are required to provide more than just payslips or dividend vouchers. Also note that the financial year could be your company's accounting period. As your wife has a valid visa till January, I assume you will be able to complete a whole accounting period, prepare the accounts and meet the requirement that way.