After 6 years of marriage can my wife apply for ILR?

[islamhady]

Hi,

I am a British citizen and i have been married to my wife for almost 6 years. We have a child and she lived in the UK for 18 months previously. After 3 years we have returned to the UK and my wife has a 2 year settlement visa.

My question is can she apply for ILR now or does she have to complete 2 consecutive years in the UK first?

Second question: If i claim housing benefit would it affect her status with regards to ILR?

Would appreciate if someone would kindly get back to me.

Thank you

[John]

As regards your wife and her current 27-month spouse visa, she can apply for ILR no earlier than 28 days before the 2nd anniversary of her first entering the UK using that spouse visa .... and no later than the expiry date of her current visa.

In order to make that application she will of course need to supply either a pass certificate from the Life in the UK Citizenship test, or a completion certificate from a combined ESOL/Citizenship course.

As regards benefits, you don't mention Child Benefit or Tax Credits, but can you confirm that one of you is claiming Child Benefit, and the two of you jointly have claimed Tax Credits?

Housing Benefit? Possibly Council Tax Benefit? As there is a child in the household, for technical reasons, there cannot possibly be a problem if you claim those benefits.

[islamhady]

Thank you John for replying promptly.

I can confirm that i am claiming child benefits but not tax credit.

Thank you for making it clear that housing benefit wouldn't be a problem.

However I didnt fully understand when she can apply for ILR if you don't mind clarifying your answer.

Much appreciated John

[John]

I didnt fully understand when she can apply for ILR if you don't mind clarifying your answer.

Can you post .... exact dates please .... details of your wife's current visa .... start date and end date ... also the exact she first entered the UK using her current visa.

Tax Credits? Why are the two of you not claiming that? A joint claim is required.

[islamhady]

Thanks John for getting back to me.

My wife got her visa settlement on 7th July 2010 its for 27 month. We entered the UK on the 5th March 2011.

I will apply for Tax Credit, i didn't know I was entitled to it, just as I didn't know I was intitled Housing benefits. Its because it states that I cannot claim handouts if I want my wife to gain ILR.

I think that's something that needs to be clarified for people.

[John]

I will apply for Tax Credit

Nearly! In respect of a couple living together the claim must be made jointly. For only you to make a sole claim could well be benefit fraud.

My wife got her visa settlement on 7th July 2010 its for 27 month. We entered the UK on the 5th March 2011.

Wow, that is some delay entering the UK. That being the case your wife will not be entitled to apply for ILR near the end of her current visa. Instead she will need to use form FLR(M) to apply for another 2-year spouse visa.

Such application should be made in the last 28 days of validity of the current visa, which expires on 07.10.12, so apply sometime from 09.09.12, but before the expiry date.

That application will be necessary because your wife will be nowhere near 2 years in the UK, during the validity of her current visa.

Having got that 2-year extension visa, given she entered the UK on 05.03.11, even though it is nowhere near the end of the visa she will then hold, once she gets to 28 days before the 2nd anniversary of her entering the UK using her current visa .... I reckon from 05.02.13 .... she can then apply for her ILR .... assuming of course she then holds a pass certificate from the Life in the UK Citizenship test, or a completion certificate from a combined ESOL/Citizenship course.

[islamhady]

Thank you John, much appreciate it

[islamhady]

Hi,

I have been back in the UK for 3 months and I have been applying for jobs endlessly. However I have been unsuccessful as many have been in today's economic climate. I have applied for Housing Benefit. But my money is running out.

My question is can I temporarily apply for income support until I find a job or will it affect my wife's position to apply of ILR. She wont need to apply until March 2013.

I am worried that if I apply and say be on income support for a few months it would hamper her chances to attain ILR.

Would appreciate it if someone could enlighten me on this matter.

[John]

My question is can I temporarily apply for income support until I find a job or will it affect my wife's position to apply of ILR.

You can claim, and no it will not affect the ILR application in 2013.