Spouse visa to ILR questions

[nootnoot]

Hi,
everyone I have 2 questions below for my spouse visa to ILR.

1. I have gained my first spouse in Feb.2014 and entered the UK in middle of Mar 2014. I have gain my second spouse visa in Nov 2016, and it expires in May 2018. Can I apply ILR in middle of Feb 2018 (28 days prior of my 5 years) or I have to wait until April (28 days prior of my current visa expire date)?

2. I will finish my maternity leave in Jan, it means I have been in maternity leave 6 months prior my application. Can I just use 6 months payslips before my maternity which will be about between July 2017 - Jan 2018?


Thanks everyone.

[CR001]

1. I have gained my first spouse in Feb.2014 and entered the UK in middle of Mar 2014. I have gain my second spouse visa in Nov 2016, and it expires in May 2018. Can I apply ILR in middle of Feb 2018 (28 days prior of my 5 years) or I have to wait until April (28 days prior of my current visa expire date)?

Do you mean expires 'May 2019'. You can apply no sooner than within 28 days of the 5 anniversary of the date you entered the UK.

2. I will finish my maternity leave in Jan, it means I have been in maternity leave 6 months prior my application. Can I just use 6 months payslips before my maternity which will be about between July 2017 - Jan 2018?

Does your spouse work?

[nootnoot]

Hi CR001

Thank you for replying me!

1. Sorry, yes! it should be May 2019. That means that I can apply my visit round Feb 2019 as I entered in the UK around middle of Mar 2014?

2. Unfortunately no. He is currently a PHD student with stipend. Although Stipend is more than the financial requirement, he is aiming to finish PHD April 2019 and Stipend will end in Sep 2019. I have read requirement about stipend, stipend can be taken into account if stipend can cover a year from the date I apply visa. So I am looking at maternity policy.

Thanks again!

[nootnoot]

1. I have gained my first spouse in Feb.2014 and entered the UK in middle of Mar 2014. I have gain my second spouse visa in Nov 2016, and it expires in May 2018. Can I apply ILR in middle of Feb 2018 (28 days prior of my 5 years) or I have to wait until April (28 days prior of my current visa expire date)?

Do you mean expires 'May 2019'. You can apply no sooner than within 28 days of the 5 anniversary of the date you entered the UK.

2. I will finish my maternity leave in Jan, it means I have been in maternity leave 6 months prior my application. Can I just use 6 months payslips before my maternity which will be about between July 2017 - Jan 2018?

Does your spouse work?

Hi CR001

Thank you for replying me!

1. Sorry, yes! it should be May 2019. That means that I can apply my visit round Feb 2019 as I entered in the UK around middle of Mar 2014?

2. Unfortunately no. He is currently a PHD student with stipend. Although Stipend is more than the financial requirement, he is aiming to finish PHD April 2019 and Stipend will end in Sep 2019. I have read requirement about stipend, stipend can be taken into account if stipend can cover a year from the date I apply visa. So I am looking at maternity policy.

Thanks again!

[CR001]

1. Should be fine.

2. I cannot advise on the financial/stipend issue as I am not very familiar with this route.

[nootnoot]

1. Should be fine.

2. I cannot advise on the financial/stipend issue as I am not very familiar with this route.

However, do you think I can use my payslips before my maternity leave? Thanks!

Below is from
Immigration Directorate Instruction Family Migration:
Appendix FM Section 1.7
Appendix Armed Forces
Financial Requirement

5.5.19. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6 months prior to the date of application, the relevant date for considering the length of employment and the income from the employment can be either:
 The date of application; or
 The date of commencement of the maternity, paternity, adoption or sick leave.
But the specified time periods for any other sources of income that are being combined with the employment income will remain as otherwise set out in Appendix FM-SE and this guidance.

I am not sure whether I understand this correctly? Thanks!

[nootnoot]

Hi,

I had my maternity leave from Jan 2018 to beginning of Jan 2019. Before that I have earned much more than the financial requirement. However, during my maternity leave, we moved to live with my parents in law. So I didnt go back my previous employer. I just find a job nearby, however, the salary didnt quite reach the financial requirement. I do have enough cash saving to make it up.

Regarding my financial situation, are following documents enough to allow my get my ILR?

1. Last 12 month payslips, bank statements and previous employers' confirmation letter before the start of my maternity? (I havent been employed by the same employer for 6 months before my maternity, so I need to provide 12 months period )
2. My last employer's confirmation that the start date and end date of my maternity leave.
3. My maternity allowance confirmation letter from Department for Work and Pensions (as I didnt work long enough for my last employer, my maternity pay is from government)
4. My current employer's confirmation letter and one month payslip (as I only start working from Feb and I am reaching 5 years in Mar)
5. Cash saving bank statements

is there anything I need to add?

Thanks for you help!

[zimba]

There is a guide on this: https://assets.publishing.service.gov.u ... _Final.pdf

[nootnoot]

There is a guide on this: https://assets.publishing.service.gov.u ... _Final.pdf

Hi Zimba,

Thanks for the link. We did look through.
my case is just a bit complicated. In the financial requirement, it just assumes I will go back to the previous company when I finish my maternity leave. However, I did change my job and only work for one month to apply my ILR. And the salary had a massive drop and I have to use cash saving to make it up. (However, we dont need to pay rent anymore, which is still saving us money)

I am not sure all these will affect my application. Or I worry too much.

My husband was receiving scholarship last 3 years and he is going to finish PHD in next a few months and to find a job. So all finance stuff is all depending on me.

Thanks for your help!

[nootnoot]

Partner need to go to a conference after I apply my SET (M)
Can he leave this country? Thanks!

[nootnoot]

Hi

I have cash saving as gift from my mum long time ago. Documents they ask me to provide is a declaration by me. Do I need to provide my mum's declaration as well?

[zimba]

DO NOT create multiple posts for your ILR case. Stick to this thread ONLY

Partner need to go to a conference after I apply my SET (M)
Can he leave this country? Thanks!

Yes, no restriction

Hi
I have cash saving as gift from my mum long time ago. Documents they ask me to provide is a declaration by me. Do I need to provide my mum's declaration as well?

Follow as per guide

[nootnoot]

DO NOT create multiple posts for your ILR case. Stick to this thread ONLY

Partner need to go to a conference after I apply my SET (M)
Can he leave this country? Thanks!

Yes, no restriction

Hi
I have cash saving as gift from my mum long time ago. Documents they ask me to provide is a declaration by me. Do I need to provide my mum's declaration as well?

Follow as per guide

thank you for replying me.

It didn't mention that I need to provide the donor' s declaration. But I saw people saying need to have donor declaration as well as mine. Otherwise visa might get rejected?