Extension, ILR and earning issues...

[legalkhan]

Dear forum members and respected Moderators (Vinny,Noajthan,CR001)

I have been active member since 2013 and this forum has always helped me in past and hopefully will continue to be benefited from your contributions. Again I will dare to bother you for shedding some light on my problem.

My entrepreneur extension is due with in next few months and then ILR with in a month after ward. I have also my wife as my dependent. I am most likely to vary my applications(Extension) to ILR but here come across with a problem that is " The financial/earning requirement of £18600. Due to the myth circulating about the director not being allowed to take salary and advise from some solicitors /accountants, I stopped taking salary out of my company and had to rely on my savings (Although I never ever bought this theory but still had to follow it after my accountant's advise), My question is as I have still 3 months to go what I can do to fulfil this requirement?. I have heard that household income (Husband and wife combine) also counts toward £18600 earning requirement. If my wife start a job with some other company /or I show her as my employee and together we both manage to make about £1500 to £2000 per month staring from this month.
In other world when I will be applying for ILR, our jobs would be only 4 months old. Does the job has to be one year old at the time of application? . or also the requirement can be met with past 4/6 months earning and future 8/6 month earnings/salaries?

I would really be thankful if the moderator and other senior members contribute to my queries.

thanks.

[CR001]

On what basis are you applying for ILR, 5 years Tier 1 or 10 years long residence?

[legalkhan]

Thanks CR001, for your reply.

I will be varying my tier1 entrepreneur Extension application to ILR (10 years long residency).


thanks.

[CR001]

Assuming your dependent's visa expires the same time as yours and is applying for extension with you, you will need to vary dep application too. If you don't meet the financial requirement, you could look at apply on FLR(FP).

How long has your dependent been in the UK on PBS Dep?

[legalkhan]

she came in feb 2016. Yes her visa expires the same day as mine.

[CR001]

She will have to apply for an extension with you and then vary both applications separately. If your ILR fails, her FLR(FP) will also fail.

Either of your incomes or both jointly can be used for FLR(M) but you must be able to provide 6 months payslips and bank statements to prove you meet the financial requirement. She also needs English A1.

[legalkhan]

Thank you so much CR001
Let me ask you something relating my query with an example , Say if Mr A gets new a job on 1 january 2016 that make him earning of £18600/year, and then also get ILR in april 2016, now he wants to bring his wife. Can he apply a spouse visa for his wife in june 2016 with just 6 months old job OR he has to wait till january 2017 to get the spouse visa applied ?? I know the requirement is 6 months wages slips and bank statement but can it be for the job just 6 month old and continuing or it has to be 1 year old?

I am asking this because some one told me that the job should be 1 year old /12 months, in other words they (UKVI) will consider the income of whole year which has already been passed and continuing. so the statement should be for last 6 months of that financial period. Could you please confirm it as this is the way it work???? or can be done with in 1st 6 months of the job starting date??






thanks.

[CR001]

6 months and continuing employment should be fine.

[legalkhan]

Thank you so much CR001 for taking time out to address my issues and specially for such a prompt responses.


I really appreciate your help, God bless u.

thanks.

[seasky]

She will have to apply for an extension with you and then vary both applications separately. If your ILR fails, her FLR(FP) will also fail.

Either of your incomes or both jointly can be used for FLR(M) but you must be able to provide 6 months payslips and bank statements to prove you meet the financial requirement. She also needs English A1.

I believe for ILR you need English B1 and since you are about to vary might as well do that

[seasky]

There has been some anecdotal info that UKVI is stamping down on bogus T1E extensions. For example they could decline your extension (fast tracking it) before you vary it.

I am not in any way shape or form saying your extension is bogus but cross your I's and dot your T's

[CR001]

She will have to apply for an extension with you and then vary both applications separately. If your ILR fails, her FLR(FP) will also fail.

Either of your incomes or both jointly can be used for FLR(M) but you must be able to provide 6 months payslips and bank statements to prove you meet the financial requirement. She also needs English A1.

I believe for ILR you need English B1 and since you are about to vary might as well do that

I was referring to A1 for the spouse FLR(M) application - A2 from October. The requirement for ILR in 5 years time for the spouse on Set(M) might well be different to B1 requirement now.

[legalkhan]

Dear Seasky,
Thanks for your concern, I think I am fullfilling all the requirements for extension as well, the option is still on the table to continue with my extension and apply for ILR some other time but the only reason I am varying is to save a fortune. If I manage to vary the extension to set LR then this will definitely save me almost half of the fees.

[seasky]

Dear Seasky,
Thanks for your concern, I think I am fullfilling all the requirements for extension as well, the option is still on the table to continue with my extension and apply for ILR some other time but the only reason I am varying is to save a fortune. If I manage to vary the extension to set LR then this will definitely save me almost half of the fees.

Yep. and if they decide to look at your T1E extension they will see all is OK. I am all for saving fees