Advice for SET (M)

[P_22]

I have few questions before I apply to ILR on 5 years route. Here I explain my timeline in the UK.

1. On 11 March 2014, I entered the UK with an entry clearance as a Tier 1 Post Study dependent partner valid from 25 November 2013 until 20 April 2014.

2. On 20 April 2014, we applied for leave to remain as Tier 2 dependent partner which was refused on 20 May 2014. Later it was reconsidered by the HO on 20 August 2014 and was granted until 21 August 2017.

3. On 02 August 2017, we applied for leave to remain as Tier 2 dependent partner and later it was varied to human rights application on 15 May 2018.

4. On 17 January 2019, Home Office refused the application and decision was received on 21 January 2019.

5.On 24 January 2019, our solicitor filed a pre-action protocol challenging the HO's decision received on 21 January 2019.

6. On 28 January 2019, our solicitor judicial review which was not considered and decision was served on 16 May 2019.

7. On 04 February 2019, our solicitor submitted an in time (within 14 days) application for leave to remain under family and private life route.

8. On 10 April 2019, our solicitor varied application for further leave to remain as a partner of settled person in the UK which was approved on 16 April 2019.

9. On 03 October 2021, we applied for the visa extension which was approved and valid till 15 May 2024.

During this time we had some holidays but mostly not more than 4-6 weeks. Only once I was stuck back home during the Covid-19 for 3 months.

My husband earns more than 18,600 from last few years and with the same employer for more than 4 years

I started working after having my 2 kids in last October'2023 but lost the jobs in February but joined another job for 2 days in a week in January.

We have few doubts before apply, if you expert can help to clear it can be much appreciated;

Question: 1) Visa rules are changing from 11 April 2024 will that new visa rules affect me for applying ILR on 5 years route, specially salary threshold of £29,000?

Question: 2) Can I apply 28 days before the 5th anniversary (60 months) of the first spouse visa approval date (16 April 2019)?

Question: 3) I had visa refusal and removal notice before the Spouse visa approval, will that affect my ILR application ?


I am very thankful for everyone who took out precious time to read my lengthy post and give selfless precious advice.

[zimba]

Was your first visa issued under the 5 year route to begin with ? What did the decision letter say ? Unless you are under the 5-year family route you cannot apply for ILR

[P_22]

First visa was in 2014, psw dependent

Refusal letter in January 2019 says your human rights claim has clearly unfounded under section 94 of Nationality, Immigration and Asylum Act 2002

Current visa is on Spouse/Partner Leave to Remain

[P_22]

Current visa is on Spouse/Partner Leave to Remain since 16 April 2019

[zimba]

Current visa is on Spouse/Partner Leave to Remain since 16 April 2019

That does not answer my question. Were you granted leave under the 5 year route or 10 year family/spouse route ??

[P_22]

5 years route, Spouse/Partner

[zimba]

Question: 1) Visa rules are changing from 11 April 2024 will that new visa rules affect me for applying ILR on 5 years route, specially salary threshold of £29,000?

Question: 2) Can I apply 28 days before the 5th anniversary (60 months) of the first spouse visa approval date (16 April 2019)?

Question: 3) I had visa refusal and removal notice before the Spouse visa approval, will that affect my ILR application ?

1) After the 11 April, the new rules and new threshold applies
2) Yes
3) No

[P_22]

Thanks Zimba for clearing the doubt.

I’ve started working in October’2023 five days a week which was just Christmas job and got another job in January’2024 for two days a week which make me £9000 a year.

Can this help with my husband’s salary if I apply after 11 April ?

While filling online form it asks for 12 months pay slip which I can not produce.

[zimba]

Thanks Zimba for clearing the doubt.

I’ve started working in October’2023 five days a week which was just Christmas job and got another job in January’2024 for two days a week which make me £9000 a year.

Can this help with my husband’s salary if I apply after 11 April ?

While filling online form it asks for 12 months pay slip which I can not produce.

You do not need 12 payslips per see. You need to apply under category B and satisfy the requirements in two parts:

1) Your annualised income from your most recent job should be above the threshold
So all salary earned in your most recent job divided by the period in which it was earned, then multiplied by 12 must be above the threshold
AND
2) In the last 12 months, you have earned in total, at least the minimum salary needed, so all income earned in the last 12 months from any job held

Checkout category B in the guide and see the evidence required:
https://assets.publishing.service.gov.u ... rement.pdf

[P_22]

while I am filling the form It asks for last 12 months payslips. But I started working in October'2023 and changed the job in January after losing previous job. So I can get only 6 months payslips from the combined both jobs

[P_22]

so is there a problem if I can not provide 12 months payslips?

yes I did check the Category B option in the information link. Is there a problem if I use both of our employment detail even if my husband meet £18,600 salary threshold?

[zimba]

You do NOT need 12 months of payslips. You do NOT need to provide any evidence of employment if you can solely rely on your husband's income.

[P_22]

Being sceptical and for safer side thought to use both of ours salary. In 2014 my husband apply his work permit before 6 April 2014 when the new rules applied. The caseworker took decision after rules changed and refused our visa which later approved but cost us reconsideration and appeal by solicitors.

[zimba]

Being sceptical and for safer side thought to use both of ours salary. In 2014 my husband apply his work permit before 6 April 2014 when the new rules applied. The caseworker took decision after rules changed and refused our visa which later approved but cost us reconsideration and appeal by solicitors.

It is about the immigration rules in place and not about how you feel. Appeal rights do not exist anymore. Any administrative errors are easily rectified in an admin review however such errors are not that common. Caseworkers will follow the rules strictly and cannot deviate from them

[P_22]

yeah, I am only relying on my husband's income now. now I met the mandatory requirements but I am stuck with the one of the question. it seems easy but tricky to me.

Do you have any other reasons for wanting to stay in the UK?

[P_22]

shall i answer Yes or No? any suggestion. does the wrong answer impact adversely? thanks

[AmazonianX]

shall i answer Yes or No? any suggestion. does the wrong answer impact adversely? thanks

Your response to this question does not determine the outcome. Answer it truthfully as it applies to you.

[zimba]

yeah, I am only relying on my husband's income now. now I met the mandatory requirements but I am stuck with the one of the question. it seems easy but tricky to me.

Do you have any other reasons for wanting to stay in the UK?

You just get an inaccurate document list. You do not need any OTHER reasons to apply for ILR

[P_22]

I already submitted the application on 31st March.

Will upload my kids birth certificates, nhs appointments letters of them and my covering letter mentioning my timeline here in the uk under “other reason supporting documents list”.

[zimba]

I already submitted the application on 31st March.

Will upload my kids birth certificates, nhs appointments letters of them and my covering letter mentioning my timeline here in the uk under “other reason supporting documents list”.

No such documents are needed at all

[P_22]

Will remove those letters.
I already have formatted all particular monthly statements/letters in one PDF. Like 6 bank statements in one pdf, 6 payslips in another one pdf etc.
now I found out on Sopra website you can upload individually.
So is it okay to upload just one pdf file formatted with 6 monthly statements ? Or shall I separate them. Many thanks

[zimba]

Will remove those letters.
I already have formatted all particular monthly statements/letters in one PDF. Like 6 bank statements in one pdf, 6 payslips in another one pdf etc.
now I found out on Sopra website you can upload individually.
So is it okay to upload just one pdf file formatted with 6 monthly statements ? Or shall I separate them. Many thanks

It does not matter. A single file is ok

[P_22]

yeah, I am only relying on my husband's income now. now I met the mandatory requirements but I am stuck with the one of the question. it seems easy but tricky to me.

Do you have any other reasons for wanting to stay in the UK?

You just get an inaccurate document list. You do not need any OTHER reasons to apply for ILR

Does this wrong answer make a problem? Can I write a cover letter and mention this as a mistake?

[AmazonianX]

yeah, I am only relying on my husband's income now. now I met the mandatory requirements but I am stuck with the one of the question. it seems easy but tricky to me.

Do you have any other reasons for wanting to stay in the UK?

You just get an inaccurate document list. You do not need any OTHER reasons to apply for ILR

Does this wrong answer make a problem? Can I write a cover letter and mention this as a mistake?

More than one person already responded it won't impact the outcome.
If it makes you feel better write the cover letter.

[zimba]

yeah, I am only relying on my husband's income now. now I met the mandatory requirements but I am stuck with the one of the question. it seems easy but tricky to me.

Do you have any other reasons for wanting to stay in the UK?

You just get an inaccurate document list. You do not need any OTHER reasons to apply for ILR

Does this wrong answer make a problem? Can I write a cover letter and mention this as a mistake?

Just ignore it. There is no such requirement under the rules. You do NOT need to send extra evidence