NEXT STEP - INDEFINATE LEAVE TO REMAIN ?

[Annie15]

Hi,

I obtained my :
- Residence Permit in 2013, valid until 2016 under the Spouse / Partner Leave to Remain category.
- I then applied for extension (FLRM form) in 2016, and now having a Spouse / Partner Leave to Remain also. It is valid until September 2018.
- I am married to my husband in 2012. I then had a different visa category. I understand 2 visa categories cannot be mixed.
- I am Malaysian, and my husband is English.
- If I am not mistaken, my working is under the 5 years route (but please correct me if I am wrong).

My questions are :
1) Is Indefinite Leave to Remain my next stage of work ?

2) What form do I have to complete for the application ?

3) When can I formally apply ? I would prefer working with a 1 day application.

4) What are the costs for application ?

5) I have taken my Life in the UK test in 2013 when I first applied for my Spouse / Partner Leave to Remain visa. I am quite sure my solicitor mentioned I have to have the cert, but after taking the exam, I find I didn't need the cert, and it is only needed when I apply for Indefinite Leave to Remain. When I apply for the ILR, the cert would be more than 5 years old. Do I have to resit for the test ? I also wonder if the edition of the text book changes, etc ?

6) I also understand I have to take an English Language Test for this application. Please could you advice further on the test ? And can I take it 6 months or more before my application ? Just want to ensure I have all worked on earlier rather than later.

7) I am not sure if I have asked all necessary questions. Any advices / thoughts / etc with regards to my situation will be utmostly appreciated.

Thank you. And wishing everyone a very Happy New Year 2018!

[vinny]

c. After that, I obtained a Residence Permit with the below details :
- Place and Date of Issue : UK 29/8/2013
- Valid until : 1/3/2016
- Type of Permit : Spouse / Partner Leave to Remain
- Remarks : Work Permitted

1) Yes.
2) SET(M).
3) From Wednesday, 1 August 2018 and before leave expires.
4) Not known yet as fees are due to increase every April.
5) There’s no expiry date for a Life in the UK test. So, it should be okay.
6) At least B1 Level English language.

[Annie15]

Hi, thank you for kind reply. Please could you further advice the following :

1) I am trying to understand the below recourse to public funds :
-council tax benefit
-council tax reduction
* does 100% discount from council tax for a maximum of 3 months because a property is empty / unfurnished either for updating / working on the property / looking for new tenancy / etc considered public funds ?

2) Does Marriage Allowance / Married Couple Allowance (not sure if I have mentioned them correctly) on self assessment considered public funds ?

3) What is the financial requirement that a couple must have for this application ?
- salary.
- savings.

Looking forward to kind feedback.

Thank you.

[vinny]

1.

There is no objection to the British citizen / settled sponsor receiving any Public funds to which he / she is entitled in his / her own right.

2.

it includes nothing maternity related

3. See also E-LTRP.3.1. , etc., and Appendix FM-SE.

[Annie15]

Hi, thank you for kind reply.

My visa does not allow me recourse to public funds actually, and will be applying for ILR soon. I would just like to ensure all the rules are followed, thus asking the questions I have posted.

Please could you advice the following again please, for peace of mind :

1) I am trying to understand the below recourse to public funds :
-council tax benefit
-council tax reduction
* does 100% discount from council tax for a maximum of 3 months because a property is empty / unfurnished either for updating / working on the property / looking for new tenancy / etc considered public funds ?

2) Does Marriage Allowance / Married Couple Allowance (not sure if I have mentioned them correctly) on self assessment considered public funds ?

Looking forward to kind advice.

Thank you.

[CR001]

Vinny has answered your question and included links, why have you posted the query again??

[Annie15]

Hi CR001, thank you for kind reply.

I have reposted the question as Vinny's reply stated 'settled' person. As I have not received my Indefinate Leave to Remain yet and will just be applying for it, I wasn't sure if i was 'settled' - thus the rechecking again. My very sincere apologies on this.

Please could you also advice the following :

1) I found the letter from the HO with regards to my last application of FLR (M).
- to my surprise and causing so much anxiety now, I realise the letter contain the following :
TITLE : GRANT OF LEAVE TO REMAIN (FIVE YEAR PARTNER ROUTE)
Under FUTURE APPLICATION :

You should apply for further leave in the prescribed manner prior to the expiry of yoru current leave. Please note you must continue to meet the requirements of the Immigration Rules, including at the time of all furture applications. If you meet the criteria set out in the Immigration Rules, you will be given a further reriod of leave of 30 months.

Followoing a nontinous period of lawful leave to remain in the UK for at least 5 years (60 months), and subjet to meeting the requirements of the Immigration Rules at the time, you may be eligible to apply for indefinate leave to remain in the UK.


Please could you advice if is letter is a standard letter for everyone applying under FLR (M), even when their next stage is Indefinate Leave to Remain ?

2) Just out of curiousity, for couples that are newly applying for the 5 years route, the first application will use FLR(M) form also, yes ? And the 2nd application also FLR(M) form ?

3) I have been looking for the Life in The UK test certificate that I have, but it can't seem to be found. I found 1 that is 'certified true copy' by a solicitor - can this be used ? I do hope I will find the cert !

Looking forward to further advices. And thank you in advice for all the answers.

[vinny]

No. You are not settled yet, until they grant ILR. The quote in 1. referred to your British husband sponsor.

1) It seems to be a standard letter. It states that you may apply for ILR after at least 60 months.
2) Yes, if they were applying in the UK.
3) I don't know. They may only accept an original certificate.

[Annie15]

Dear Vinny,

Thank you very much for very prompt reply.

Noted that quote 1 was refered to my sponsor. I was inquiring for my working and not my sponsor .. blush .. My very very sincere aplogies for not being clear on the regards ..

With that, could you kindly advice the questions I have posted please as I genuinely do not know the answers to them .. I thought CR001 have adviced that they are all not considred public funds, but I am not sure why - I can't seem to find the answer when I rechecked. Probably I have mistaken the answers to other questions posted on this website .. My very sincere aplogies also on this regards ..

Questions are as follows :

1) I am trying to understand the below recourse to public funds :
-council tax benefit
-council tax reduction
* does 100% discount from council tax for a maximum of 3 months because a property is empty / unfurnished either for updating / working on the property / looking for new tenancy / etc considered public funds under the above mentioned categories ?
* to my understanding, they are not, but as they involve council tax, just want to be sure.

2) Does Marriage Allowance / Married Couple Allowance (not sure if I have mentioned them correctly) on self assessment considered public funds ?
* to my understanding, it is not, but just want to be sure.

I am so very happy to inform I have found my Life in the UK test result certificate - it is such a relief ! I was in a state before I found the cert !

Looking forward to further advice.

Thank you.

[vinny]

1) Unfortunately, council tax benefit and council tax reduction are included in Public funds. But if your husband was entitled to claim them in his own right, as a single person, then it should be okay.

2) I think that's correct.

Glad to hear that you found your certificate!

[Annie15]

Dear Vinny,

Thank you for your kind reply.

My very sincere apologies again. I think I may have not stated my questions correctly. Please do disregard the below question no 1 that I have posted in my earlier mail.

I rephase as follows :

1) I understand the below items are Public Funds :
- Council Tax Benefit
- Council Tax Reduction

2) Does 100% discount from council tax for a maximum of 3 months because a property is empty / unfurnished falls into one of the above items ? If yes, it is under Council Tax Benefit or Council Tax Reduction ?

Ps : Hoping your Saturday has been a good one ? It has been so cold today and checking through the weather, it looks like I will be having a freezing week ahead !

[vinny]

Council Tax Reduction replaced Council Tax Benefit in April 2013.

I think a discount due to a property being empty may be different from a council tax reduction. Ask your council?

[Annie15]

Hi, I am a little bit confused with regards to the amount of savings one must have to apply for ILR (spousal visa with 5 years route).

How much must a couple have in savings if they decide to work with savings instead of salary in the application of Indefinate Leave to Remain ?

[Casa]

£62,500 in savings if there is no income.