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ILR for spouse: Financial requirement (Set M)

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

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ashubhatt
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ILR for spouse: Financial requirement (Set M)

Post by ashubhatt » Thu Jul 11, 2013 9:11 pm

Hello,

My wife will be applying for ILR in october 2013 & I will be supporting her financially. I fall under category A: With current employer for 6 months or more – person residing in the UK(with British passport).

I have a cash saving of 18000 in last 6 months so i believe I can use 16000-18000=2000 towards my gross salary.

Question: what is the minimum gross salary that I need on the date of the application to be able to qualify.

abstract from section-FM ""The minimum income threshold for a Partner applying from 9 July 2012, without dependent children, is £18,600"" do my wife qualify or not?
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
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Post by CR001 » Thu Jul 11, 2013 9:45 pm

What is your wife's immigration / visa history?
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Post by Amber » Thu Jul 11, 2013 10:57 pm

That's incorrect, the savings used would be 18000-16000 = 2000 / 2.5 = £800 could be combined with Cat A gross income to meet the threshold. Thus for the basic, you need a salary of £17800 gross, for Cat A, salaried income, every wage slip in the last 6 months would have to show at least £1483.34 gross.

However, you said you will be applying for her ilr. Do you mean she is already in the UK? If she is and you are applying for set(m) in October, ignore the financial requirement, your savings will cover what is needed.
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ashubhatt
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Post by ashubhatt » Fri Jul 12, 2013 9:06 am

My wife is in UK since March 2011.
Her Visa history: March 2011 - April 1012 = Tier1 dependent
April 2012 - April 2014 = ILR dependent

Amber: Can you please point where I can read the info. I have read "family member financial requirement" pdf file downloaded from UKBA but I can't find what you said. I think i have overloaded myself with information & now confused.

Any help would be great!
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
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Post by Amber » Fri Jul 12, 2013 10:06 am

If your wife was a pbs dep from March 2011 and then flr(m) from April 2012 (confirm this?) then she would have been able to settle since March 2013 subject to the qualification by virtue of immigration rule 287(a)(i)(d). She is not under Annex FM but rather Part 8 of the immigration rules as she had transitional protection and the fact that she applied for flr(m) before July 2012. All is needed is adequate maintenance and accommodation the savings will cover adequate maintenance.
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ashubhatt
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Post by ashubhatt » Fri Jul 12, 2013 11:05 am

D4109125 wrote:If your wife was a pbs dep from March 2011 and then flr(m) from April 2012 (confirm this?) then she would have been able to settle since March 2013 subject to the qualification by virtue of immigration rule 287(a)(i)(d). She is not under Annex FM but rather Part 8 of the immigration rules as she had transitional protection and the fact that she applied for flr(m) before July 2012. All is needed is adequate maintenance and accommodation the savings will cover adequate maintenance.
I will come back to you on this!
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

ashubhatt
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Post by ashubhatt » Fri Jul 12, 2013 5:17 pm

ashubhatt wrote:
D4109125 wrote:If your wife was a pbs dep from March 2011 and then flr(m) from April 2012 (confirm this?) then she would have been able to settle since March 2013 subject to the qualification by virtue of immigration rule 287(a)(i)(d). She is not under Annex FM but rather Part 8 of the immigration rules as she had transitional protection and the fact that she applied for flr(m) before July 2012. All is needed is adequate maintenance and accommodation the savings will cover adequate maintenance.
I will come back to you on this!
First to answer your question. Yes she was Tier1(PBS) dependent from march 2011-April 2012 then FLR(M) from April 2012-April 2014.

Are you referring to this page
http://www.ukba.homeoffice.gov.uk/visas ... fore9july/

How can i find out what are the financial requirements for her ILR application.

Any help would be great
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

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Post by Amber » Fri Jul 12, 2013 5:59 pm

I've already said, adequate maintenance and your savings should suffice. It appears she's been able to apply since March subject to meeting the other requirements.
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ashubhatt
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Post by ashubhatt » Sun Sep 29, 2013 8:51 pm

Hello,

I am helping my wife with Set(M) form for her ILR application & we came across section 8 (home and finances) where I would be giving my finance details because i am supporting her financially.

Question: My current rent is £800 and monthly income from last 12 months from work has been around £900 per month. Can her application be in jeopardy because of the low income/maintenance support from me?

Note: I have a saving of £18000 & because she applied for ILR dependent before 8 July 2012 so new income threshold rule doesn't apply on her.
http://www.immigrationboards.com/viewto ... 926#875926

Any suggestion would be great?
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

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Post by Amber » Sun Sep 29, 2013 8:52 pm

ashubhatt wrote:Hello,

I am helping my wife with Set(M) form for her ILR application & we came across section 8 (home and finances) where I would be giving my finance details because i am supporting her financially.

Question: My current rent is £800 and monthly income from last 12 months from work has been around £900 per month. Can her application be in jeopardy because of the low income/maintenance support from me?

Note: I have a saving of £18000 & because she applied for ILR dependent before 8 July 2012 so new income threshold rule doesn't apply on her.
http://www.immigrationboards.com/viewto ... 926#875926

Any suggestion would be great?
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Post by Amber » Sun Sep 29, 2013 8:54 pm

It stipulates what to include, I.e. Question 8.4 is rather specific! Your savings will push you clear.
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Post by Amber » Sat Oct 05, 2013 6:37 pm

ashubhatt wrote:Hi All

My wife is applying for ILR and following document we are submitting. Do you guys think we have missed anything?

Documents:
1. Marriage ceritificate
2. Life in the UK test certificate
3. Photographs of both of us
4. Copies of both our passports ( my wife’s passport) – do we need to send my original passport?
5. My bank statements & Pay slips – 6 months
6. Biometric residence permit

7. proof of cohabitation:

1. Tenancy agreement (both our names)

2. Council tax on both our names– we get yearly bills only, will that be okay?

3. Water bills-

- 6th march 2013-11th sept 2013
- Jan 2013- march 2013

Because of the house move our supplier changed and the bills differ. Ideally I should be submitting bills for the month for September 2011, Jan 2012, June 2012, nov 2012 but I only have the below mentioned months, is this okay?
- Oct 2012
- Aug 2012
- March 2012
- Sept 2011

4. 2 individual letter from the bank.

Is this enough or do we need any other proof of cohabitation?

Any help would be great. Thanks
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Post by Amber » Sat Oct 05, 2013 6:40 pm

Are you applying at a PEO, if so you need to attend with your spouse. If you are posting then copies of Passports are not acceptable, unless you use the Settlement Checking Service who will make sure your SET(M) form is correct and take copies so that you can keep all originals but for current BRP.
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ashubhatt
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Post by ashubhatt » Sat Oct 05, 2013 7:30 pm

We are planning to do post. Are you sure that I need to send my original British passport? My wife is sending her original.
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

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Post by Amber » Sat Oct 05, 2013 7:46 pm

Yes, as I said you would benefit from using the Settlement Checking Service.
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ashubhatt
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Post by ashubhatt » Sat Oct 05, 2013 7:51 pm

Thanks! That's something I would have missed.

Do you think rest of the documents we are providing are enough for the ILR application?
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

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Post by Amber » Sat Oct 05, 2013 8:56 pm

Should be fine, the SCS will check everything for you. Remember to inform the SCS if rule 287(a)(I)(d) which allows you to combine time on pbs dep with flr(m) and for them to phone a caseworker if they're unsure quoting the rule.
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ashubhatt
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Post by ashubhatt » Mon Oct 07, 2013 9:45 am

Thanks. I just checked and there are no appointments available until the end of this month, and by then the rule would have changed.

We are now planning to apply by post, can you please confirm if the following documents are fine?

Marriage certificate
Life in the uk test certificate
Both our Photographs
My wifes passport
My passport
My bank statements and pay slips -6 months
Biometric residence permit for my wife
Proof of cohabitation :
- tenancy agreement-joint names
- council tax- joint names (we get yearly bills only, will this be okay?)
- individual's letters from the bank
- our sons birth certificate
- water bills
March 2013-sept 2013
Jan 2013 -march 2013

Because of house move, our supplier changed and the bills differ. Will the following bills be okay for the period before jan 2013?
-oct 2012
-aug 2012
-march 2012
-sept 2011

Are these documents okay or do we need to have anything else?
Appreciate your help. Thanks
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

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Post by Amber » Mon Oct 07, 2013 10:52 am

So long as you have a joint letter or a letter each for every 4 months of the last 2 years and they are from a total of at least 3 different sources that should be fine. Only the last 3 months wage slips and corresponding bank statements are required. Send via special delivery and include a SAE - special delivery to return your documents.
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ILR and Tier 1 dependents

Post by zayem » Sun May 25, 2014 11:44 pm

Dear All,
Could i ask you the following questions please?

i have been living in UK since Oct 2004 and currently have Tier 1 general visa valid till Apr 2016 but i am qualifying for long residence in Oct 2014 and i am planning to apply for it. My wife and 2 children( Under 7 years) were issued tier 1 general dependents in Aug 2011 valid til May 2013 and stayed for 4 months. Then left UK and their visa expired back home. I renewed their tier 1 visa in Jun 2013 and it is valid til Apr 2016 same is mine. Now they are living in UK since a month. I will be applying for ILR in Oct 2014 on long residence basis. Now

Q1: Are my dependents fall under new rules (July 2012) or not ? if yes, which visa do i need to apply for them? Can they live legally on the current PBS until 2016? will their time period on current PBS count towards ILR?

Q2: Can i show my self employment income (only submitted self assessment) as a sole traders from Apr 2014- Aprl 2015 to UKBA?

Q3: As a self employed person do i have to show only gross or net income of £24800.00( 3 dependents) ?
Q4: As my wife is also working , can we combine our income and meet the financial requirements from Apr 2014- to Apr 2015?

Q5: How much and for how many days do i need to have the maintenance fund for 3 dependents please?

I will be very grateful, if some could answers me the above questions.

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