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New financial rules for ILR

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

Batasha
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New financial rules for ILR

Post by Batasha » Mon Oct 28, 2013 1:57 pm

Hi,

It is my first time to post on this very helpful forum. I am on 2 years spouse visa from January 2012 and i have entered UK on February 2012.
I should apply for ILR using set M as a wife of british husband on February 2014. My questions are:

1-Which of the new rules will apply to my application?
2- we have a saving of £10,000 and my husband is self employed and he earns £16000 per year so he is less than the financial threshold of £18,600 so do you think my application will be rejected based on that.

Thanks and I really appreciate your help and thoughts.

Amber
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Post by Amber » Mon Oct 28, 2013 2:04 pm

You are under the old rules, your income should suffice the adequate maintenance requirement without issue. Supply 3 months wage slips and corresponding bank statements. Remember to prepare cohabitation proof. you will need to meet a B1 English requirement in addition to LIUK unless exempt. You can apply from 28 days before your 2 years in the UK completes.
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Batasha
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Post by Batasha » Mon Oct 28, 2013 2:41 pm

D4109125 wrote:You are under the old rules, your income should suffice the adequate maintenance requirement without issue. Supply 3 months wage slips and corresponding bank statements. Remember to prepare cohabitation proof. you will need to meet a B1 English requirement in addition to LIUK unless exempt. You can apply from 28 days before your 2 years in the UK completes.
Thank you Amber for your prompt answer.

My husband is self employed so he hasn't got wage slip so , do you know the other documents i should submit along with my application?

Thanks

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Post by Amber » Mon Oct 28, 2013 2:45 pm

3 months bank statements for finance, the savings alone should suffice.

For cohabitation, for roughly every 4 months of the last 2 years, supply one joint letter or a letter each from a total of at least 3 different sources.
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Batasha
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Post by Batasha » Mon Oct 28, 2013 4:20 pm

D4109125 wrote:3 months bank statements for finance, the savings alone should suffice.

For cohabitation, for roughly every 4 months of the last 2 years, supply one joint letter or a letter each from a total of at least 3 different sources.
Thanks Amber,

I just checked the set(m) form and looks like there is a new form been publiched just today and UKBA mentioned in the form the following

"In accordance with paragraph 34 of the Immigration Rules, this form is a specified form for the purpose of the Immigration Rules as of 28 October 2013 and must be used for all applications made on or after that date for the purposes stated on this page and listed in section 4.
If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you have not had leave under one of these categories and apply using this form you will be refused indefinite leave to remain under the Immigration Rules"

So is it still okay to apply using this form?

Thanks

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Post by Amber » Mon Oct 28, 2013 4:25 pm

SET(M) is the correct form for those granted leave as the partner of a settled/British citizen before July 2012.
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Batasha
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New English Requirements for SET(M)

Post by Batasha » Thu Nov 07, 2013 7:10 pm

Hi,

I have finished my bachelors of accounting degree (English section ) from university in Egypt. I have also finished my IELTS exam on December 2006 and the results were (7.5) for Listening and (7) for speaking. However, The certificate was valid for 2 years only and it is expired.

I also passed with Merit the Key English test ( level A2) that was required when I applied for the spousal visa on 2011.

My question is do I have to take or pass any more English exams to prove my knowledge of English for my settlement application?

I appreciate your help.

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Post by Amber » Thu Nov 07, 2013 8:35 pm

IELTS should suffice, if your degree is awarded points on the PBS calculator take a print out with certificate and that should also suffice in additional to LIUK.
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Post by Batasha » Thu Nov 07, 2013 8:44 pm

D4109125 wrote:IELTS should suffice, if your degree is awarded points on the PBS calculator take a print out with certificate and that should also suffice in additional to LIUK.
Thanks amber for your reply,

Will the home office accept my expired IELTS ?
I don't know how to check my degree on the PBS calculator as I am set (m) not tier's ??

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Post by Amber » Thu Nov 07, 2013 8:57 pm

They should and calculator here.
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Post by Batasha » Thu Nov 07, 2013 9:13 pm

D4109125 wrote:They should and calculator here.
Thanks Amber but in the drop down list there are tier1,2,4 and 5 but I will apply use set(m) so, how do I check my degree using the PBS.

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Post by Amber » Thu Nov 07, 2013 9:38 pm

What is your degree? Which university? What year did you graduate? How many years long was the course?
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Post by Amber » Fri Nov 08, 2013 11:23 am

The degree is awarded 30 points for qualification but not awarded the necessary 10 points for English Skills. Therefore, you will need a Statement of Comparability from NARIC and proof it was taught in English (e.g. letter from Institution). Also, the expired IELTS should be accepted if it meets B1 level.
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Batasha
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Post by Batasha » Fri Nov 08, 2013 11:36 am

D4109125 wrote:The degree is awarded 30 points for qualification but not awarded the necessary 10 points for English Skills. Therefore, you will need a Statement of Comparability from NARIC and proof it was taught in English (e.g. letter from Institution). Also, the expired IELTS should be accepted if it meets B1 level.
Thanks Amber for your help,

I am so confused whether to rely on the expired ielts result (B2) or thinking to take this 10 mins test for listening and speaking and I am sure I will pass it easily.

sidhujazz
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Funds

Post by sidhujazz » Thu Nov 14, 2013 10:10 am

Hi Amber,

Just a quick question.

I am applying for an ILR next week based on the 2 year married to a BC rule.

We bot work and the combined incomes comes to around £3300 per month after tax, but we do not have any savings at all, infact the account is mostly overdrawn every month.

Will this have any impact on my application?

Regards,

Dil

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Post by Amber » Thu Nov 14, 2013 10:19 am

No impact.
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sidhujazz
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funds

Post by sidhujazz » Thu Nov 14, 2013 10:21 am

Thank you Amber.

Batasha
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Re: funds

Post by Batasha » Fri Nov 15, 2013 12:06 pm

I would like to apply using PEO service but I will ask the council to check my documents first. But my husband who has British passport can't leave his passport with PEO, he is going abroad , in case if they decided to delay my application. Is it gonna be a problem for my application???

Thanks

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Casa
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Post by Casa » Fri Nov 15, 2013 12:13 pm

A spouse (the person supporting the application) no longer needs to submit their original passport. Photocopies will be accepted....although I suggest your husband takes his passport to the PEO appointment. They should take a copy and return the original on the same day. Here's the link to the updated rule:
http://www.ukba.homeoffice.gov.uk/sitec ... 0-passport

Batasha
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Post by Batasha » Fri Nov 15, 2013 5:46 pm

Casa wrote:A spouse (the person supporting the application) no longer needs to submit their original passport. Photocopies will be accepted....although I suggest your husband takes his passport to the PEO appointment. They should take a copy and return the original on the same day. Here's the link to the updated rule:
http://www.ukba.homeoffice.gov.uk/sitec ... 0-passport
Thanks Casa for sharing this good news

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Post by Casa » Fri Nov 15, 2013 7:34 pm

It's good to have some to pass on. :wink: This also applies to British Citizenship applications.

georgy1
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ILR after 28th October 2013

Post by georgy1 » Fri Nov 15, 2013 8:48 pm

Hi All,
I would be applying for ILR this year under new rule change after 28th October 2013.
I am really worried about this can anyone please help me?

My background is I was on WP(work permit) for 2 years and currently on Tier 1(3 years) .

According to the form I am looking for is few sections as below,

1)Absence Letter /Evidence
I cannot get a letter from my previous employer for my Annual Leaves.
What else can I do for this?

Also what are implication if could not get it .

2) Do i need provide a same letter for when i am working on Tier 1 self employed if so is it needed on my company letter head or just simple letter is enough?

3) For points calculation Gross Dividend or Net Dividend considered?


Thanks,

Batasha
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Post by Batasha » Thu Nov 21, 2013 4:06 pm

Hi,

I have tried to book my PEO in Sheffield. The latest date I can book is 7th December. if I try to book any later date. I got the following message below

'We do not have any appointments available for your preferred dates and locations.

If you have not reached your limit for the number of times you can search, you can change your preferred dates and location and search again.

If you have been unsuccessful in finding an available appointment, please do not call our contact centres. They do not have any additional appointments available to them'

So, I don't know what to do????

mego_1980
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Post by mego_1980 » Thu Nov 21, 2013 5:32 pm

Batasha wrote:Hi,

I have tried to book my PEO in Sheffield. The latest date I can book is 7th December. if I try to book any later date. I got the following message below

'We do not have any appointments available for your preferred dates and locations.

If you have not reached your limit for the number of times you can search, you can change your preferred dates and location and search again.

If you have been unsuccessful in finding an available appointment, please do not call our contact centres. They do not have any additional appointments available to them'

So, I don't know what to do????
I also did the same and you are right no dates seem to be available after 6th December. Any advice from senior people on this or can we contact them by phone???

Batasha
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Post by Batasha » Thu Nov 21, 2013 7:48 pm

Batasha wrote:Hi,

I have tried to book my PEO in Sheffield. The latest date I can book is 7th December. if I try to book any later date. I got the following message below

'We do not have any appointments available for your preferred dates and locations.

If you have not reached your limit for the number of times you can search, you can change your preferred dates and location and search again.

If you have been unsuccessful in finding an available appointment, please do not call our contact centres. They do not have any additional appointments available to them'

So, I don't know what to do????
Any advice would be greatly appreciated

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