rules before 9th july 2012

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 12:04 pm

Hi,

i am confused with the rules before 9th july 2012

I am on ILR visa in UK. my wife and child got their spouse visa before 9th july 2012. they got their visa for 27 months

When the apply for ILR next year, do i need to show any maintainence funds ?
2. Is there any limit on days they can be out of country ?

Thanks

Post by **vinny** » Wed Apr 10, 2013 12:14 pm

See also Settlement.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 12:32 pm

Vinny,

it doesnt mention about the earnings - so i take it as its not there. am i correct ?

Regarding, days outside UK, it does not mention anything about this - just 90 day rule - am i correct?

Post by **vinny** » Wed Apr 10, 2013 12:49 pm

See also Annex F: Family Members - Maintenance And Accommodation.

You should also show subsisting marriage during any long periods of separation.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 12:53 pm

Sorry Vinny, i have been reading a lot of htis now and totally confused.

Considering accomodation is fine, do i need to any Earning Criteria or maintence funds to be shown ? Also what about days outside country ?

Please clarify as i get confused reading these homeoffice documents ( i must read 100 docs and 1000 forum pages)

Post by **vinny** » Wed Apr 10, 2013 1:30 pm

Chapter 8: appendix FM (family members) > Annex FM 1.7a: maintenance >
5.2 Assessing the adequacy of the funds available
5.3 Presentation of Assessment of Maintenance in Refusal Letters
Explains the requirements.

You should show:

A–B≥C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.

The number of days absent from the UK is not restricted for ILR. However, you should explain reasons for any long absences and show subsisting marriage.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 1:39 pm

Thanks for helping me Vinny.

I just cant seem to sub divisions under section 5.

So are you saying i need to show earnings even though the application was made before 9th July 2012. I was under the impresssion there is no earning criteria and i did not have to show one when i applied for her spouse visa before 9th july

Post by **vinny** » Wed Apr 10, 2013 1:49 pm

There is a maintenance requirement (287(a)(v)). It's based on the given formula.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 1:58 pm

I can only see this under 287(a)(v)

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

Let me make sure i understand correct, is there any earning threshold i need to show ? (like £30000, £40000 / year?)

Regarding maintenance are you saying there is a X amount that needs maintaineing (if i maintain 1000 for last 3 months is this enough?)

Post by **vinny** » Wed Apr 10, 2013 2:19 pm

It's based on your income, accommodation expenses and the amount of Income Support an equivalent British family of that size can receive.

See also Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC) (26 February 2013).

The case relates to entry clearances, where 281(a)(v) is applicable. However, 281(a)(v) is equivalent to 287(a)(v).

Post by **Amber** » Wed Apr 10, 2013 2:26 pm

krssubbu wrote:I can only see this under 287(a)(v)

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

Let me make sure i understand correct, is there any earning threshold i need to show ? (like £30000, £40000 / year?)

Regarding maintenance are you saying there is a X amount that needs maintaineing (if i maintain 1000 for last 3 months is this enough?)

For a couple and one child then the income support amount per week is around £177. So that or above disposable income will be fine. You can claim child benefit and tax credits.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 2:35 pm

Thanks D4109125 and Vinny.

Thanks for clarifying regarding maintainence.

Regarding Earnings, i need to earn a basic of £177 but there isnt a specific amount like for Tier 1 or Tier 2 where you have to show £40k yearly or on band basis, isnt it ?

Please confirm so that i can understood completely.

Post by **Amber** » Wed Apr 10, 2013 2:38 pm

krssubbu wrote:Thanks D4109125 and Vinny.

Thanks for clarifying regarding maintainence.

Regarding Earnings, i need to earn a basic of £177 but there isnt a specific amount like for Tier 1 or Tier 2 where you have to show £40k yearly or on band basis, isnt it ?

Please confirm so that i can understood completely.

Correct just the basic.

krssubbu · Post by **krssubbu** » Wed Apr 10, 2013 4:34 pm

Thanks both for your help

Post by **vinny** » Thu Apr 11, 2013 3:14 pm

See also adequate maintenance.

shri997 · Post by **shri997** » Thu Jun 20, 2013 1:02 pm

hi,i read so many pages on this forum,still cant find my answer.i am applying for my wife's ilr(set m).combined income of me and my wife is £1300 pm and we get child tax credit £370 pm and child benifit £80 pm.we pay £800 pm for mortgage and £110 for council tax.will this income should be enough for under old rules

Post by **Amber** » Thu Jun 20, 2013 1:03 pm

shri997 wrote:hi,i read so many pages on this forum,still cant find my answer.i am applying for my wife's ilr(set m).combined income of me and my wife is £1300 pm and we get child tax credit £370 pm and child benifit £80 pm.we pay £800 pm for mortgage and £110 for council tax.will this income should be enough for under old rules

Yes.

shri997 · Post by **shri997** » Thu Jun 20, 2013 1:06 pm

thank you for your quick reply.how do you calculate the financial requirment

Post by **Amber** » Thu Jun 20, 2013 1:14 pm

shri997 wrote:thank you for your quick reply.how do you calculate the financial requirment

Net income + benefits income (ChB and tax credit) = income
1300 + 370 + 80 = 1750 pcm

Weekly income without housing costs = 1750*12/52 = £403.85 per week

Weekly income with housing costs (800*12/52) = 403.85 - 184.62 = £219.23

Your weekly income with housing costs should equal or exceed the applicable amount for your family

Applicable amount = Couple + 1 child
112.55 + 65.62 = £178.17

£219.23 exceeds £178.17

Post by **Amber** » Thu Sep 12, 2013 1:29 pm

krssubbu wrote:Hi,

I am on ILR since Feb 2012. My wife and 2 year old child got their 27 months visa on April 2012. I am confused with the rules.

Do I need to show any salary earning (like the rule after 8th July says I need a minimum of 18k) So do I need anything like this ?

Also they arrived in the UK in mid June 2012. So when is the earliest they can apply for their ILR ?

Thanks

akhan25 wrote:If they were granted visa before july then u dont need to show any income requirements u can apply for them with in 28 days of 2 years since they are in uk.

krssubbu wrote:Thanks akhan25. is there any limit on out of county also ?

Has anyone else in similar situation applied and got visa ?

Post by **Amber** » Thu Sep 12, 2013 1:46 pm

krssubbu wrote:D4109125, that thread was ages ago. I wasn't sure if I should continue this on the old one and I wanted to reassure I was on the correct track so I have asked this question again.

But apart from the thread issue can you please confirm if I don't need any income requirments and any out of country rule please?

Post by **Amber** » Thu Sep 12, 2013 1:48 pm

You have been informed by Vinny and myself that you/your spouse are not subject to the new financial requirement. Moreover, the formula to calculate adequate maintenance was show on the previous page, re-read what was stated.

If your spouse entered as a spouse of a settled person (not as a PBS dep) then she should be looking to settle on SET(M) from 28 days before she completes 2 years in the UK. There is an additional English requirement from 28-Oct-2013 in addition to the Life in the UK test/ESOL with citizenship.

krssubbu · Post by **krssubbu** » Thu Sep 12, 2013 1:56 pm

D4109125, last time I showed her Undergraduate / Graduate degree was in English and they accepted it . Can I show it this time too ?

Regarding financial requirement, I am self employed now. So do I necessarily need to be in a job or contract to get this satisfied or if I have enough funds in the bank will I able to satisfy this rule ?

Post by **Amber** » Thu Sep 12, 2013 1:59 pm

She must meet KoLL for settlement which is either the Life in the UK test or ESOL with citizenship. The degree would suffice for the new Oct-28-2013 additional requirement.

Your self employed income should be fine. Just show evidence of your self-employment and 3 months bank statements showing how much you have coming in each month. Give an average for your monthly income. If you have children, you should be claiming Child Benefit and Tax Credits and they can be included in your income.

krssubbu · Post by **krssubbu** » Thu Sep 12, 2013 2:09 pm

D4109125, I am basically self-employed with a limited company. as you must be aware I take a basic amount and take rest as dividends. So do I have to show my basic pay will amount to £177 or can I show my dividends as well ? also can i show my wife income also as she is also a director of my company.

Say if my contract ends in April and i don't have a active job (or client since i am self employed) at the time of the application (June) will this be ok ? or do i need to be in active employment / contract at the time of application?

Also to confirm will it be £177 basic pay for 2 adults (myself and wife) and a child ?

I am confused and just want to make things clear before i apply for them as don't want any last minute problems. Hence i might be repeating my questions., sorry about that.

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rules before 9th july 2012

rules before 9th july 2012