ILR Application and Unemployment

[jjustyy]

Hi Everyone,

This won't be until next June, but I'm looking ahead to avoid any potential problems.

I'm British and my wife has been in the UK for 8 years now, just over 1 as my wife, so will apply for ILR and Naturalisation next June.

There is a possibility that I won't be working next June and that my wife may not be working, but we do have a fair amount of savings behind us. Will this be enough for her to get ILR or will they expect me/her/both to have jobs?

Thanks,
Justin

[jjustyy]

Does anybody have any advice or experience of this?

[John]

Your wife's current UK immigration status? She has a 2-year spouse visa?

If that is the case she will use form SET(M) to apply for her ILR. It is necessary to show that she will not need to have recourse to Public Funds. But it is not necessary to be employed to show that. As long as the savings are sufficient then the test will be passed.

[jjustyy]

Your wife's current UK immigration status? She has a 2-year spouse visa?

Yes

If that is the case she will use form SET(M) to apply for her ILR. It is necessary to show that she will not need to have recourse to Public Funds. But it is not necessary to be employed to show that. As long as the savings are sufficient then the test will be passed.

Thanks John, I thought that would probably be the case.

[jjustyy]

Another question along the same lines: if I was to claim Contributions-based Job Seeker's Allowance, would this affect my wife's ILR or Naturalisation applications?

[John]

No problem at all claiming contribution-based Job Seeker's Allowance. Why? Contribution-based Job Seeker's Allowance is not within the definition of Public Funds, as contained within para 6 of the Immigration Rules.

Income-based JSA is within the definition of Public Funds ... but not contribution-based JSA.