Financial Requirements on a 2 year route ILR

[foxhound]

Hi Guys,

Apologies if there is another thread present with the same query. I did have a browse on the forum and couldn't really find anything specific to my concerns so I thought it would be best to create my own thread.

Let me just also thanks everyone in advance who are offering great and valuable advice on the forum, your doing a great job helping put minds at ease. Keep it up!

I was wondering if you someone could offer me some sound advice with regards to my spouses ILR application. The story so far is:
- We applied for a regular leave to remain (spouse visa) in February 2012 which was initially rejected and then overturned via tribunal in March 2013. My wife then travelled to the UK in April 2013.

- We was hoping to apply for her ILR at the end of the 2 year visa (27 months to be exact) but as she hadn't attained the Life in the UK qualification we applied for an extension via an FLR(M). This was granted and my partner now has leave to remain until January of 2018.

My questions are:
- Now that my wife has all of the relevant english qualifications to support her ILR application can I go ahead and apply or do I have to wait until I am within 28 days of her visa expiring?

- I am under the impression that I can apply under the 2 year route as the initial date of her application was February 2012 even though her visa was granted / clear for entrance in March 2013. Am I entitled to apply for the 2 year route even though the application was initially rejected? The GOV.UK documentation is a bit unclear as in some areas as it suggests you can apply if: you applied for your visa before 9 July 2012" However on some sections of the SET(M) application it states: "If you were granted leave to enter or remain as a partner before 9 July 2012" So Im unsure which one to follow.

- Me and my wife have 2 children, born in the UK and are British citizens (both have British passports). Can you confirm if our children need to be included in Section 3 (Children) of the Set(M) form. I don't think they need to be as they are not dependants that are applying for ILR but if some one could shed some light on this?

- The Set(M) form features Section8A - Financial Requirements. Would this apply to us in our application? I am assuming this would not be applicable as we would be applying via the 2 year route (initial application made before July 2012) and would just need to complete the Maintenance and Accommodation sections? However, I was unsure so it would be great if someone can clarify this?

I really dont want to taking any chances with the application as it now costs around £2300 so would it be a good idea to complete section 8A even though it does not really apply to us? Or should we not bother at all?

If anybody can help with any of my concerns it would be most appreciated.

Thanks a Million in advance.

[foxhound]

Doing some extra digging around and I think section 8A would not apply as this refers to income thresholds and these only seem to applicable to the 5 year routes as specified in on the Set(M) guidance notes and on the gov.uk website:

"If you’re on the 2-year route (ie you applied before 9 July 2012) you and your partner must prove you have enough money to adequately support and accommodate yourselves and any dependants without using public funds.

If you’re on the 5-year route you’ll need to prove you have at least:

£18,600 for each year for you
£22,400 if you’re including 1 child
£2,400 for each additional child
You won’t need to prove this if you or your partner get certain disability benefits or a carer’s allowance, but you’ll need to adequately accommodate and support yourselves and any dependants."

It would be most appreciated if anyone could confirm?

[foxhound]

Any takers for my queries mentioned above? I know its a bit of a read but would appreciate any advice.

[CR001]

She is under the 2 year route. No requirement to meet the income level. You only need to evidence adequate maintenance and accommodation.

[foxhound]

Thanks for your response CR001.