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rules before 9th july 2012

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Amber
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Post by Amber » Thu Sep 12, 2013 2:19 pm

Show your wife's income too as she is eligible to work.

Do you have children?
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krssubbu
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Post by krssubbu » Thu Sep 12, 2013 2:59 pm

yes 1 child (will be 2.5 years old at the time of application). so will this income be sufficient and can i show dividends too ?

Also regarding the active employment, if you could please advice ? do i need to be in a job (active contract) if i am self employed ?

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Post by Amber » Thu Sep 12, 2013 3:00 pm

Self-employment should suffice. Are you claiming child benefit and tax credits as both of these can be included in income.
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krssubbu
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Post by krssubbu » Thu Sep 12, 2013 3:02 pm

yes i am claiming child benefit and NO tax credit. will this affect ?

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Post by Amber » Thu Sep 12, 2013 3:05 pm

No, but you should claim tax credits if you're entitled to them.
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krssubbu
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Post by krssubbu » Thu Sep 12, 2013 3:19 pm

i am not sure of what is tax credits and thought will not claim just to be safer. what are tax credits by the way (sorry to deviate)

and regarding my question regarding active contract, any joy on this ? basically what i am asking is when i am self employed can i look for contracts and still be eligible to apply for visa do i need to be in active job (Self employed) as in full time employment ? if you not clear i will explain this question again

Amber
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Post by Amber » Thu Sep 12, 2013 4:02 pm

You do not have a contract if you're self employed. Your self-employed income is fine so long as it is paid into a bank and you have the statements (3 months) to show this. Include HMRC correspondence also.

You should make a claim for tax credits see here (click)
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krssubbu
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Post by krssubbu » Thu Sep 12, 2013 4:14 pm

Sorry D4109125, probably i am not explaining this clearly. when you are self employed you look for work (clients) and do it as 3 or 6 months. say if i cant find work during this time which will mean i wont have any money coming into the bank then will this be ok ? I will still be able to show that i am self employed from my accountant who can give letters. Also i will enough funds in the bank. will this suffice ?

Also is dividends acceptable or only basic pay acceptable ? Sorry i know its too many questions but i am just trying be clear rather than to worry later

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Post by Amber » Thu Sep 12, 2013 4:16 pm

Yes an average monthly figure based on the last financial year will suffice. How much savings do you have?
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Post by krssubbu » Thu Sep 12, 2013 4:19 pm

i will be having about 3-4k, will this be ok ? any min amount needed ?

if i could show dividends as earning that will be better for me ?

so is earnings and savings both are considered

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Post by Amber » Thu Sep 12, 2013 4:21 pm

Yes earnings, savings, rental income, benefits etc....

You can show the dividend etc... if you have access to money that is what they want to see, you are worrying unnecessarily.
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krssubbu
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Post by krssubbu » Thu Sep 12, 2013 4:24 pm

Thanks D4109125. So i take it as 3k is enough ?

And yes i agree i might be worrying unnecessarily because i don't want any last minute surprises

Thanks for your help

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Post by Amber » Thu Sep 12, 2013 5:23 pm

£3k with the other income and benefits should suffice. Put a claim in for tax credits.
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krssubbu
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Post by krssubbu » Mon Sep 16, 2013 1:07 pm

Thanks D4109125.

One last question i believe we need 5 sources to prove we (myself and wife) have lived together.

What proof will i need to show for my baby ? Will it need to be 5 again ?

and could you also let me know does those 5 source need to be completely different (I have joint names with my wife in bank statement, Electricity, Water. Can get GP to say we are living in same address and last one is company records for self employment if they accept)

But for my baby can get GP letter. will this be enough ?

Thanks

vinny
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Post by vinny » Mon Sep 16, 2013 1:16 pm

I don't think that baby requires proof of address. It's unlikely for baby to get sufficient mail.

Where was baby born?
Last edited by vinny on Mon Sep 16, 2013 1:28 pm, edited 1 time in total.
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krssubbu
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Post by krssubbu » Mon Sep 16, 2013 1:24 pm

she was born outside UK and is on ILR dependant visa (my wife is on same visa or spouse visa or whatever they call it - they are are my dependant and i am on ILR)

Amber
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Post by Amber » Mon Sep 16, 2013 2:17 pm

Cohabitation proof should be a joint letter or a letter each for roughly every 4 months for the 2 year period before you apply from a total of at least 3 different sources.
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krssubbu
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Post by krssubbu » Mon Sep 16, 2013 3:26 pm

and for the baby none is needed, isn't it ? or just something to say she is our child

Amber
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Post by Amber » Mon Sep 16, 2013 4:02 pm

Yes birth certificate.
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krssubbu
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Post by krssubbu » Tue Sep 17, 2013 9:01 am

Thanks both

krssubbu
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Post by krssubbu » Thu Nov 21, 2013 10:20 am

hi,

sorry to bring this post again but have a quick question

just a brief summary again

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 and arrived in the UK before 9th July 2012

My question is, is there any limit on the number of days she can be out of country. her visa is due in May 2014 and she has been out of the country already for 50 days. she might have to go out of country for another 50 days. somewhere I read the 90 day rule so this makes me worry.

Could someone please clarify this ?

Thanks

vinny
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Post by vinny » Thu Nov 21, 2013 10:36 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

krssubbu
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Post by krssubbu » Thu Nov 21, 2013 1:24 pm

Thanks Vinny, so from your link

"The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK."

The first time she travelled was without me and this time I might just do a short trip whereas she will be there for 2 months. so overall it might be around 2.5 - 3 months in the 2 years she would have travelled ? is this normal ?

what is the subsisting marriage link ?

Thanks

krssubbu
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Post by krssubbu » Fri Nov 22, 2013 8:50 am

any thoughts, Vinny ?

vinny
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Post by vinny » Fri Nov 22, 2013 9:02 am

Absences for good reasons should be okay. Sometimes, when you're outside the UK or apart, they expect evidence of subsisting marriage.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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