ILR for Spouse

[Saeam]

Hi everyone,
I have been granted ILR on the basis of 10 year LR on 20th april. Now I have to apply for my wife as I couldn’t apply for her as my dependant on the application. She has tier 4 visa (Phd) and I was her dependant.

I am bit confused about 2 yr and 5 yr rules and also the finance requirements for us. I am also reading a lot on this forum but everyone has different situation.
Can anyone advise me on my situation and about the documents i need to submit.

Thanks in advance.

My wife came into the country in Feb 2014 on Tier 4 visa. We got married in april 2015.
She was granted Tier 4 again in May 2015 and its valid till 2019.
We are living together since april 2015. My salary is above £25K threshold but no savings.

[CR001]

Hi everyone,
I have been granted ILR on the basis of 10 year LR on 20th april. Now I have to apply for my wife as I couldn’t apply for her as my dependant on the application. She has tier 4 visa (Phd) and I was her dependant.

I am bit confused about 2 yr and 5 yr rules 2 year rule does not apply to her. She falls under the 5 year rule on form FLR(M) which will reset her clock to zero and she will be on a new year route to ILR (2 x 2. year visas). She will also have to pay the visa fee (£993 postal or £1583 for in person) PLUS the £500 immigration health surcharge.

and also the finance requirements for us. If no children, you/she must show proof of earning £18,600pa and based on your earnings,
you seem to meet the requirement but must submit 6 months payslips and corresponding bank statements.

I am also reading a lot on this forum but everyone has different situation.
Can anyone advise me on my situation and about the documents i need to submit.

Thanks in advance.

My wife came into the country in Feb 2014 on Tier 4 visa. We got married in april 2015.
She was granted Tier 4 again in May 2015 and its valid till 2019. She should apply sooner rather than later to start the new 5 year residence period. It is also risky for her to travel out and re-enter the UK.
We are living together since april 2015. My salary is above £25K threshold but no savings.

[Saeam]

Thank you very much CR001.
So you are saying FLR(M) is the right form for her?
Why UkBA website is referring to set (m) form again n again?

[CR001]

Thank you very much CR001.
So you are saying FLR(M) is the right form for her? Yes, it is the only option for her.

Why UkBA website is referring to set (m) form again n again? She doesn't hold a visa that allows her to apply on Set(M) which would be a spouse settlement visa (FLR-M). She needs 5 years residence on FLR(M) BEFORE she will qualify for ILR on Set(M). If you are putting the wrong information in the website visa checker, obviously it will give you the wrong information.

[Saeam]

Thank you very much CR001. I’ll do further research. You are right I was going to “settle as a spouse of the person already settled in the UK”.

[CR001]

If she is on a student visa, the only option if she wants to stay in the UK if she does not have 10 years residence, is to apply on FLR(M).

[Saeam]

If she is on a student visa, the only option if she wants to stay in the UK if she does not have 10 years residence, is to apply on FLR(M).

Thanks CR001, I have a quick look through the FLR (M) form and it seems i don’t need to provide my wife’s bank statements. I am earning enough to meet the earning threshold. But I don’t want to provide my wife’s bank statements. She is working but its my fault that i didn’t pay too much attention to put her bank account in order. Occasionally her sister sends money which she puts into her savings account.
I need to provide the proof who is putting money into her account and where this money is coming from.
I would really appreciate any help.
thanks

[Saeam]

Hi everyone,
The financial requirements are getting more and more confusing.
I recently got pay rise, therefore I have to show 12 months payslips and bank statements. Most part of those 12 months my Bank account went into overdraft (that is 10months). Which obviously doesn't look good.
I am a salaried employee with £35k. After hard thinking I came to the conclusion that I have to show my wife's saving account and her job as part of financial requirement.
For savings account, though the money was transferred as a gift on our wedding by her sister 2 years ago. Do I need a letter from sister?
Apart from that in last 6 months about £9,000 was transferred to my wife's account over 13 variable transactions from a friend who owed us this money.

Very confused about the whole scenario.
Please advise for the best course of action.
1. My salary (payslips+statements) but my account is overdrawn every month.
2. Add my wife's income (lecturer) (that means not regular income, only 24 weeks (12x2 terms) + savings in her account but apart from fixed gift money around 13 random transactions of £9,000 show in her account. Will this be a problem? (Do letter from the person transferring money is required or their payslips/statements)

Hope it gives a somewhat clear picture. But I'll really appreciate any advise.

[CR001]

HO don't care what your money is spent on or if your account is overdrawn. They ONLY care that you meet the financial requirement with your earnings.

You are overthinking this.

[Saeam]

HO don't care what your money is spent on or if your account is overdrawn. They ONLY care that you meet the financial requirement with your earnings.

You are overthinking this.

Thanks for the reply CR001. I have read on the forum somewhere that around £450 left after all the main expenses are enough in the eyes of HO to meet the maintainance of two people. Unless it was related to different situation.
I am thinking to go to premium service for one day decision so don't want to leave any option for HO to delay or refuse.

[CR001]

You are not applying for a spouse visa based on the maintenance requirement, which is not applicable to you.

You only have to meet the income/financial requirement with payslips and bank statements.

[Saeam]

thank you very much CR001. Really appreciate your time.
One more thing came up, that's health surcharge. As we paid health surcharge for four years when my wife applied for tier 4 and myself as her dependant.
I switched to ILR after 2 years and she is switching now, why we need to pay HS again? Can't the old one carries on?

[vinny]

Unless they accept her previous IHS reference number to cover the entire period of leave of her new application, she probably has to pay again and claim a refund for overlapping period.

[Saeam]

Unless they accept her previous IHS reference number to cover the entire period of leave of her new application, she probably has to pay again and claim a refund for overlapping period.

Thanks Vinny.

[Saeam]

As a proof of cohabitation we have
* Council tax letters
* Electricity bills
* Water bills

but all these letters show Miss for my wife instead of Mrs. will that be an issue?

[CR001]

but all these letters show Miss for my wife instead of Mrs. will that be an issue?

No issue.

[Saeam]

Hi all,
All documents and full application ready!!
next an important step, PSC selection.
Sheffield or Croydon????

Any suggestions.

[CR001]

Your choice based on where you are located.

I have always used Croydon and never had any issue.

[Saeam]

Thank you very much CR001 for your help and time. Just left Croydon PSC and am pleased to have been granted FLR for 2.5 years for my wife.
Overall not a bad experience but I think I had to wait a bit longer but I think it's because of Friday. After 1 o'clock all the desks were empty. It seems everyone left.
Submission time 10 am
Biometric 11 am. Result 3:45pm.
No question asked. They kept couple of original documents and all the photocopies.

[CR001]

Congrats, pleased for you