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Financial Requirement Pre 2012 for Settlement Application

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

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torte02
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Posts: 46
Joined: Mon Nov 21, 2016 3:16 pm

Financial Requirement Pre 2012 for Settlement Application

Post by torte02 » Mon Nov 21, 2016 3:37 pm

Hello!

I applied for my spouse visa in December 2011 and came to the UK in the same month. After 27 months, I extended my spouse visa because I was expecting my second child and consequently, couldn't pass the Life in the UK test. My spouse visa was successfully extended for another 27 months. It expired April 2016. I sent my application for settlement in May 2016 and a couple of weeks ago, I received a letter from the Home Office, refusing my ILR on the grounds of financial requirements not being met.

Background info:
My husband (my sponsor) is settled in the UK. We have four kids. The youngest was born last year. All of them were born in the UK. I've been in employment from 2012 to 2015 whilst hubby was home looking after the kids. He went back to work in September 2015 and his contract, being temporary, ended in January 2016. Since then, he's been unemployed too. He is in receipt of JSA and child benefits and jointly, we receive child tax credits. Although we are eligible for house benefits, we didn't apply for it because we want to get back into employment as soon as possible.

My question is, since my spouse visa was applied for and received before July 2012, should the financial requirements be applicable to my case?

Thank you in advance.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Financial Requirement Pre 2012 for Settlement Applicatio

Post by Casa » Mon Nov 21, 2016 3:57 pm

It appears that you may not be meeting the Adequate Maintenance level required for pre-July 2012 applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

torte02
Newbie
Posts: 46
Joined: Mon Nov 21, 2016 3:16 pm

Re: Financial Requirement Pre 2012 for Settlement Applicatio

Post by torte02 » Mon Nov 21, 2016 4:15 pm

Casa wrote:It appears that you may not be meeting the Adequate Maintenance level required for pre-July 2012 applications.
Thank you for the quick reply. The letter from Home Office did mention the above but I wasn't aware of it. The HO has asked me to pay the Surplus NHS Charge so I can be considered under the FLR (FP) route. I've paid the charge and now awaiting their reply.

Would it be too much to shed some light for me on the FLR (FP) visa? :?

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Financial Requirement Pre 2012 for Settlement Applicatio

Post by Casa » Mon Nov 21, 2016 4:22 pm

The FLR(FP) partner route is a 10 year path to settlement (ILR) 2.5 years x 4 applications.

At present, as a family you only appear to be supporting yourselves through benefits (Public funds).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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