Further pre 9 July 2012 FLR spouse visa queries

[thunderb0lt]

Hello

My cousin is considering going for the FLR option as she currently does not have B1 English and Life in UK and probably won't be able to get it in time before visa expires in mid November. I have two queries if that's ok.

The couple have a dependant British Child who will not be part of the application for FLR. Should the British child be taken into account when calculating the adequate maintainence requirement for FLR.

The Sponsor is in receipt of Child benefit and Tax credits. Can these to be included when calculating income to see whether the adequate maintainence requirement is met.

If my cousing receives FLR will she have to wait until 1 month before FLR expires before applying for ILR or can she do this anytime given that she has already met the 2 year route for ILR.

Thanks

[Casa]

When did your cousin submit her spouse settlement visa? Before July 9 2012 or after?

[thunderb0lt]

When did your cousin submit her spouse settlement visa? Before July 9 2012 or after?

The visa application was submitted in May 2012. It went to appeal and was granted after July 2012. My understand is that she is under the pre July 2012 requirements as she applied before.

Thanks

[Casa]

That's right. This thread may answer some of your questions:
http://www.immigrationboards.com/immigr ... 85667.html