Applying for ILR - I have cancer

[udntknwme]

Hi everyone.

I would like some help. My wife is on a 3 year residence permit which expires in december 2014. She received the permit as she was refused ilr 2 years ago. I was diagnosed with cancer in November 2012. I have not been working since then and do not know when ile be back working.

Can i apply for ilr without working due to my illness or do i need to have a job in order to apply for ilr.

Thank you.

[Amber]

Hi everyone.

I would like some help. My wife is on a 3 year residence permit which expires in december 2014. She received the permit as she was refused ilr 2 years ago. I was diagnosed with cancer in November 2012. I have not been working since then and do not know when ile be back working.

Can i apply for ilr without working due to my illness or do i need to have a job in order to apply for ilr.

Thank you.

Was your Wife granted Discretionary Leave to Remain? Are you terminally ill?

[udntknwme]

She was granted a residence permit valid for 3 years.

I am receiving treatment for the cancer. Im am not terminally ill.

[Amber]

She was granted a residence permit valid for 3 years.

I am receiving treatment for the cancer. Im am not terminally ill.

You need to be clear about her visa - is it discretionary leave to remain, leave outside the rules? Hence 3 years leave to remain, read the visa stamp/card if necessary.

[udntknwme]

It is limited leave to remain.

[vinny]

That doesn't help to classify the category of the leave.

All leave is limited leave to remain, unless indefinite or exempted.

It may be helpful if you can give details of your immigration histories.

[Amber]

The reason it's important to know as it will dictate her next steps. Let's assume its the old discretionary leave to remain for family life. Generally you will need this leave for 6 years before you can settle (indefinite leave to remain). Therefore your spouse will need another 3 year extension unless she's been legally in the UK for 10 years (continuously). However, in some exceptional cases indefinite leave to remain can be granted early (hence why I asked if terminally I'll). Moreover, people on the old dlr were generally given the right to claim benefits and work so claiming benefits would have no affect on future applications.

So get hold of the visa, read it and see what it says..... Discretionary leave to remain? And whether it says...... No recourse to public funds..... I suggest you contact Macmillan cancer support they have benefits specialists and also specialist support. They may be able to help fund your wife's next immigration application too. Good luck and hope you get well soon.