ILR as Spouse

[JamesHo]

Hi people,

I really hope you can help me and my wife as I have been trying for a long time to get complete answers and the UKBA website is simply awful.

My wife will be applying for indefinite leave to remain as a spouse in June 2014. However we are unsure if the minimum income of £18600 affects us or not (and how it would be offset with our savings).


Our background: In November 2011 I married my Chinese wife here in the UK (she was on a post-work Visa). In May 2012 we applied for a Spouse/Partner Visa and we were successful- we received the Visa in July 2012.
Now we plan on applying for Indefinite leave to remain (settlement) Visa in July 2014.

We applied for the original Spouse/Partner Visa in May 2012, so it is my understanding that we are under the old rules that she need only be here 2 years before applying for settlement?
Also my understanding is that because she is applying for indefinite leave to remain (settlement) after the probation period then as far as having cash savings to support us is concerned (I am a part-time teacher, so don't think I can meet the minimum income), anything above £16,000 is subtracted from the required £18,600 annual income?

Annual income (savings) reference:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 37.


I am unsure as everywhere on the internet seems to say we require £62,500 savings, but based on my calculations we would only require £34,600 (£34,600 - £16,000 = £18,600).

Also I am unsure if we even require this amount of savings due to when she initially applied for the marriage Visa?

Basically I am unsure about the income (and savings) requirements for her ILR claim.


Please, please help. My wife and I will be eternally grateful and I will probably still manage to have some hair on my head (which will no doubt be pulled out while completing the actual form itself).



Kind regards,
James

[Amber]

Old rules, no financial requirement Per se, rather adequate maintenance and accommodation. Don't worry if you're working and have savings there shouldn't be an issue,

[JamesHo]

Old rules, no financial requirement Per se, rather adequate maintenance and accommodation. Don't worry if you're working and have savings there shouldn't be an issue,

Thanks for your prompt reply D4109125.
We currently rent a flat and can afford that, as well as having money for council tax , and bills etc. (Our flat is quite basic, so that is not expensive and we don't eat like Kings).
Is that enough, just to show you can basically survive? There is no "rule of thumb" in having a minimal income of any kind?

[Amber]

Old rules, no financial requirement Per se, rather adequate maintenance and accommodation. Don't worry if you're working and have savings there shouldn't be an issue,

Thanks for your prompt reply D4109125.
We currently rent a flat and can afford that, as well as having money for council tax , and bills etc. (Our flat is quite basic, so that is not expensive and we don't eat like Kings).
Is that enough, just to show you can basically survive? There is no "rule of thumb" in having a minimal income of any kind?

For a couple with no children you'd be looking at income of at least £112.55 per week NET after deducting rent.

[errante]

Dear all,

I am in a similar case to JamesHo. I have a spousal visa granted in Dec2011 and plan to apply for settlement in November 2013. Both myself and my husband (British national) are full time postgraduate students and we have fully funded places at uni, which are our source of income.

Jointly we have just above 2K monthly to live on. We do not pay for rent as we live in a university owned accommodation that is provided for us but we have a child. We do have some savings (around 10K)

Since we had the baby my husband applied and got child benefit and child tax credit (I understand that such access to public funds should not affect my application, right?).

My question (besides the clarification on child benefit/tax credits above) is regarding how much money do we need to show in the IRL application for it to be considered satisfactory as a proof that we can maintain ourselves without recourse to public funds?

All the changes in the immigration laws have gotten me really confused and worried.

Thanks in advance

[Amber]

Dear all,

I am in a similar case to JamesHo. I have a spousal visa granted in Dec2011 and plan to apply for settlement in November 2013. Both myself and my husband (British national) are full time postgraduate students and we have fully funded places at uni, which are our source of income.

Jointly we have just above 2K monthly to live on. We do not pay for rent as we live in a university owned accommodation that is provided for us but we have a child. We do have some savings (around 10K)

Since we had the baby my husband applied and got child benefit and child tax credit (I understand that such access to public funds should not affect my application, right?).

My question (besides the clarification on child benefit/tax credits above) is regarding how much money do we need to show in the IRL application for it to be considered satisfactory as a proof that we can maintain ourselves without recourse to public funds?

All the changes in the immigration laws have gotten me really confused and worried.

Thanks in advance

You should be fine regarding finances as you are under the old rules. Remember that the child benefit should be in the name of your husband and that tax credits should be in both names (joint).

[errante]

Thank you ever so much D4109125!

[JamesHo]

Thanks for your help folks. I have another question to ask though if I may.


How does savings offset the old Settlement rules regarding finances?
For "adequate maintenance and accommodation." it was £112.55 per week net after rent, can this be offset?

The only reason I am asking is that during some months I will be unemployed (like I said in an earlier post- Part time teacher, and some terms I am not required), however during the months I was employed we have managed to save £20,000 which is in our bank account.
Can this be used to reduce the £112.55 per week at all??

I know savings can reduce the amount required in the new rules (with something like £62k savings needed for no income)- but what about the old rules?

Thanks for all your help, me and my wife truly appreciate it.


Kind regards,
James

[vinny]

See also rules before 9th July 2012 and savings.

[JamesHo]

See also rules before 9th July 2012 and savings.

Thanks for this. But this brings 2 further questions.

The second link, stated that as long as you had savings which would cover any public funds you would receive over a time-limited visa (i.e. 2.5 years for the initial leave to remain).
However, would I be right in then saying that as the visa we would be applying for is indefinite then we couldn't apply our savings? As we would essentially be needing £112.55 per week * infinite?

Another thing that I noticed from a link was that the total income from the sponsor and/or applicant need be around £112.55 per week net, However the sponsor is still entitled to benefits, and benefits can be used in addition to any other income (my wife-the applicant) gets paid . So does this mean I can add the £60+ in benefits I would get paid weekly (only on the months I am unemployed), to the £200 a week my wife earns? This would certainly cover the £112.55 if so. Is this correct? Note: A large sum of the money we have saved is from my wives (the applicant's) family, so we could give that back, and then we wouldn't have as much savings, so I could apply for benefits again.

[Amber]

£20000 savings will more than suffice for set(m)