ILR- SPOUSE/PARTNER GUIDANCE

[akp87]

Dear Team at IB, I'm hoping for some guidance with regard to my ILR which is aprocahing close.

I originally came to the UK on a PBS(tier 2) dependant visa, on the 14 sep 2016 entered UK.
visa type : PBS Dependent
vaild from : 12-aug-2016
valid until : 07-mar-2019
I later changed/switched to my visa category to Family Visa as a SPOUSE/PARTNER, due to my spouse acquiring ILR on LR(10years residency route) and later on became a British Citizen.
switched visa : SPOUSE/PARTNER
valid from : 01-apr-2019
valid until : 01-oct-2021
applied for extension in 2021 October, under the same category
switched visa : SPOUSE/PARTNER
valid from : 28-oct-2021
valid until : 05-may-2024

Up until early this year I have been a full time homemaker with 3kids all British citizens, and in all my previous visa applications my spouse's salary is used as the proof of meeting all financial requirements.
But recently my spouse has employement contract had changed and is working fulltime in the USA for the same employer, with the rest of family living in the UK, due to the Kids education and my immigration status, my spouse is travelling b/w UK and USA every 3months spending time between both countries as we still continue to live together in our home.

My questions are

1. Am I correct in assuming that the earliest I can apply for Ilr is 01-april-2019 plus 5years minus 28days,(i.e,04 march 2024) as I cannot use any time spent on pbs dependent visa?

• Can I still use my spouse overseas salary for proving the financial requirements? as he has been working with the same employer in UK before moving to the USA.

• I Work as a part time and my salary alone will not be able to meet the financial requirements, currently I make 10k an year, who much in extra cash savings would I need to qualify for meeting the financial requirement? I've tried my best to understand the guidance but I will higly appreciate some expert advice

I appreciate this is a long post and I would highly appreciate your guidance in my unique situtation. Thanks everyone.

[secret.simon]

Am I correct in assuming that the earliest I can apply for Ilr is 01-april-2019 plus 5years minus 28days,(i.e,04 march 2024) as I cannot use any time spent on pbs dependent visa?

Correct.

Can I still use my spouse overseas salary for proving the financial requirements? as he has been working with the same employer in UK before moving to the USA.

Which country is the income taxed in? If the US, how is the income transferred to the UK? This may be a complicating factor.

I Work as a part time and my salary alone will not be able to meet the financial requirements, currently I make 10k an year, who much in extra cash savings would I need to qualify for meeting the financial requirement? I've tried my best to understand the guidance but I will higly appreciate some expert advice

If you want to rely entirely on cash savings, you need to show £62,500 in cash savings, held in a bank account for at least six months.

If you want to factor in your 10K income, it would be £37,500 (((18,600-10,000)*2.5)+16,000), meeting the same conditions above for bank account, etc.

[akp87]

Hi secret.simon, Thanks for your reply.

Which country is the income taxed in? If the US, how is the income transferred to the UK? This may be a complicating factor.

The income is primarly taxed in US but what I understand from my spouse/tax advisor is that we'll be considered tax resident in the UK and will be liable for tax when filing the self assesment inline with dual taxation treaties b/w the countries.

If you want to factor in your 10K income, it would be £37,500 (((18,600-10,000)*2.5)+16,000), meeting the same conditions above for bank account, etc.

I'm confused as refering to the guidance https://www.gov.uk/government/publicati ... category-a it states at Ilr stage we do not need to use the 2.5 multiplier, please can you confirm the same thanks

At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used:

(x minus 16,000) = y

[akp87]

Hi moderators and others on the board, please can I get clarification for my query, TIA!!

[Casa]

I will leave others best placed to continue with advise regarding meeting the financial criteria. However, your husband (as your Sponsor) is expected to be residing/cohabiting with you in the UK and his absence while he is working and living in the USA may complicate your ILR application.

[zimba]

Hi moderators and others on the board, please can I get clarification for my query, TIA!!

When combining cash savings and your income for ILR, the number to aim for is £34600. So you must supplement your 10K income with at least £24600 of savings you held for at least 6 months to qualify. The minimum income threshold is £18600, so the formula below determines if you qualify when combining the two:

(Savings - £16000 + your income) should be equal to or greater than £18600

[Lika77]

If your partner is living in the USA you won’t qualify for ILR as a spouse. There’s nothing to do with tax.
My previous visa was refused because my husband was living in Gibraltar while working for a UK company and getting paid into his UK bank account. As a result, I had to go back to my country to apply for another entry clearance as a spouse and the time I spent in the UK was re-set to zero.

[akp87]

Hi Lika77,

Thanks for you respone.
Please can you explain in detail how and what reason the visa was refused, is this for your ILR?
Were you able to provide the living together/co-habitaion documents?
were you able to meet the financial requiremnt and all the other requirements?
and also can you tell me what documentaion you've povided. TIA