Unemployed Spouse Leave Questions (old rules)

aaronkhan · Post by **aaronkhan** » Sun Jul 28, 2013 10:33 pm

Hi,

I was made redundant in Dec 2012 and my wife is on spouse Visa which expires on the 14 Jan 2014. I am now only on Job seeker allowance, as I am still looking for a suitable job. My question is as follows by the time we apply for my wife's ILR she will only have been in the UK for 1 year and 9 months, as she delayed her entry into the uk for several months. Can I apply for ILR directly or will I have to apply for FLR ? Also, we had our a first baby in June 2013 will this have any bearing on my application? Can my application be rejected because I'm unemployed at the time I appy? Thanks for any reply in advance

Post by **Amber** » Sun Jul 28, 2013 11:59 pm

Your wife must complete a 2 year probationary period, which starts when she entered the UK. She can apply from 28 days before the 2 years qualify, if this is after her visa expires, she'll have to extend on flr(m).

Regarding adequate maintenance, do you have any savings? Child benefit shoud be in your name only and tax credits, jointly. You should only be receiving a single person JSA amount.

Post by **Amber** » Mon Jul 29, 2013 8:06 am

As you have no savings, is your wife working? What is the full breakdown of your benefit income?

Post by **Amber** » Wed Sep 04, 2013 10:06 am

aaronkhan wrote:My Wife is on a Spouse Visa which expires on the 15th May 2014, she is on a two year visa. I lost my job due to redundancy in Dec 2012 . I have been claiming contribution based job seeker allowance but that is coming to an end - as you can only claim it for six months. Unfortunately, I have still not been able to secure a job and will now have to claim income based job seeker allowance. My question is can I claim Income based job seeker allowance as a single person -as I know you cant claim joint bcuz my wife's visa states restricted funds? I have a child can I claim with him as well. Also can I claim the sure start voucher?

Post by **Amber** » Wed Sep 04, 2013 10:08 am

I assume your spouse is from Pakistan or India?

You can claim Income Based JSA (again a single person amount) for the children you should claim Child Benefit and Tax Credits. For healthy start vouchers (click) speak to your healthcare professional to sign the necessary forms.

aaronkhan · Post by **aaronkhan** » Mon Sep 23, 2013 11:39 am

do you need a to life in the UK test for Further leave to remain

Post by **Amber** » Mon Sep 23, 2013 1:52 pm

No, but considering she will need the LIUK test for settlement, might as well do it sooner rather than later.

Post by **Casa** » Mon Sep 23, 2013 3:09 pm

Amber is correct, The Life in the UK test is not required for FLR(M). Your wife will however have to meet the English requirement for FLR(M) with the A1 English test.

aaronkhan · Post by **aaronkhan** » Tue Sep 24, 2013 12:20 am

Thanks Amber really appreciate your help. My wife is a doctor and she has been accepted on the foundation programme ( Doctor training programme) but we have hit a slight roadblock. Inorder for her to proceed with her application they require her visa status to be confirmed by the 17th Janaury 2013 which allows her to work beyond the 17th August 2013 . My questions are as follows: can she apply for extension anytime we intend to apply in person on the 7th Janaury ? Will we be required to be the financial requirement threshold as she is on a two year spouse visa?

Post by **Amber** » Tue Sep 24, 2013 4:58 am

Extend FLR(M) anytime before current leave expires. No financial requirement but rather adequate maintenance, I've asked a number of questions above but you've not answered them.

aaronkhan · Post by **aaronkhan** » Tue Sep 24, 2013 12:09 pm

Amber once again thanks for your reply. My wife did the A1 test when she applied for her spouse visa in Dec 2011 also as part of her doctor training programme requirement she has also do IELTS, and scored highly. Hopefully this will cover her english requirement needs.

Post by **Amber** » Tue Sep 24, 2013 12:39 pm

Her MB BS should suffice (print out from PBS calculator), assuming it was taught in English and IELTS also, remeber that IELTS has a two year validity period.

aaronkhan · Post by **aaronkhan** » Thu Sep 26, 2013 10:38 am

Hi Amber,
I hope all is well.
I have now been able to secure myself a position with a company. My wife needs to apply for her FLR (M) as per the previous threads. My questions are as follows: can I apply with one month playslip or do I need more than that. Also if the job is initially a contract role will that have any bearing on the visa being granted? Will the FLR(M) be granted for two years or one year?

Post by **Amber** » Thu Sep 26, 2013 11:06 am

If you only have one month's wage slip and the last 3 months bank statements that should suffice. Try and include a letter from the employer stating you're working for them.

aaronkhan · Post by **aaronkhan** » Thu Sep 26, 2013 11:37 am

Thanks do you know if the visa will be granted for one year or two years?

Post by **Amber** » Thu Sep 26, 2013 11:54 am

2 years.

aaronkhan · Post by **aaronkhan** » Mon Oct 28, 2013 8:53 am

In the process of applying for FLR(M) , in person . Please can you confirm if they keep the passport as my wife requires her passport for an exam she is about to sit,

Post by **vinny** » Mon Oct 28, 2013 9:03 am

If they decide on the day, then they won't keep her passport.

aaronkhan · Post by **aaronkhan** » Mon Oct 28, 2013 9:22 am

if they dont then would they still keep it if you require it for identification for an exam purpose.

Post by **Amber** » Mon Oct 28, 2013 10:38 am

They can take a copy and give it back if you ask.

Post by **Amber** » Mon Nov 04, 2013 7:10 am

aaronkhan PM wrote:Hi Amber,

Apologies for emailing u directly but I have a couple of question

As mentioned previously, my wife has been accepted on the foundation programme for doctors and they have requested that we confirm her extended visa status before the 17th January. As mentioned previously I have been able to secure a temporary position as a contractor. My agency have said that they will not give me a letter confirming I work for them as a I am contracting and will only provide me with my contract which clearly states I am 'temporary worker and my contract has an end date in December. I have weekly pay slips. My question is as follows when we apply for her FLR (m) would the fact I am a temporary employee have any bearing on the visa and if I can only provide 4 weeks plays slip will this have any bearing on the visa? Can they reject the visa on this basis?

Post by **Amber** » Mon Nov 04, 2013 7:13 am

They shouldn't reject on the basis of finance alone, as you're under the old rules. Supply the 4 weeks wage slips and bank statements and hopefully that'll suffice. If you can get 3rd party support from a family member show that too. She should apply from anytime now until December before your job ends she should also include proof she's starting the foundation programme. Make sure you've applied for child benefit in your name and tax credits in joint names.

aaronkhan · Post by **aaronkhan** » Thu Jan 02, 2014 12:37 am

We have booked our appointment for her FLR (M) -please see above threads, as mentioned previously, I have been able to secure a contract role (not permanent role) and therefore would only be able to supply two months payslips and 3 months bank statements without a letter from the employer as I am being paid via an agency. My contract has an end date of July 2014 .I am concerned that I have received single Income and contribution based job seeker allowance when I was unemployed therefore may have detrimental bearing on the application Please can some one clarify if this would be the case ?

I have ticked 'NO' in the box where it asks about benefits in the application as I am working now. I am also concerned that they may refuse it on the basis that we should not apply for an extension as the reason we are applying is because she needs it for employment purpose so that she can start on the doctors foundation programe.

My wife has also passed her life in the UK test and has IELS at a level greater than required, is it possible if they say she cant apply for FLR(m) they may still allow an ILR application on the basis she has been in the UK for 1year and 10 months and is only 2 months less than the stipulated time ?

Post by **Amber** » Thu Jan 02, 2014 3:44 am

I can't see a real problem if you're working. Contribution based JSA is fine. To save money, apply for FLR(M) by post before leave expires, then vary to SET(M) from 28 days before the 2 years completes.

aaronkhan · Post by **aaronkhan** » Sat Jan 04, 2014 5:02 pm

Hi,
My bank statements I have ordered have not arrived in the post. I went to my bank and ordered statements to be printed which they did but they refused to stamp them. They said it would be okay as each page has their logo and my full address details . The logo is in black and white . Does anybody know if this would be OK?
Thanks

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Unemployed Spouse Leave Questions (old rules)

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