ILR or FLR (M)

[tallojani]

I require some help please folks.

Wife is about to complete her 5 years in April 2019, had spouse visa twice (2.5yrs x 2). Current visa runs out in July 2019.

We cannot meet the financial requirements due to me being in receipt of a grant for my degree. I'm in final year and wife currently doesn't work. I work part-time earning £9771 gross yearly and grant is £9600. I am in receipt of child benefit and child tax credit.

As our financial circumstances don't meet the minimum threshold required for ILR

1) can we apply for an extension? If so, would that be for another 2.5years and what form/category?

2) do we pay immigration health surcharge?

3) I will have a job starting in September which will pay above income threshold, would we be entitled to apply for ILR next April?

Please can someone shed light into our queries.

[zimba]

1) can we apply for an extension? If so, would that be for another 2.5years and what form/category?

The extension has the same financial requirements as ILR.
People who cannot satisfy the financial requirements have to switch to the 10 year partner route FLR(FP)

2) do we pay immigration health surcharge?

Yes

3) I will have a job starting in September which will pay above income threshold, would we be entitled to apply for ILR next April?

If you switch routes, then no. You then either needs 10 years under long residence or 10 years under the partner route for ILR

[tallojani]

Thank you Zimba for your reply.

Both 10 year partner and long recidency route sound expensive. Is there anyway we can fulfill the income requirements using the combination of my grant and part-time employed income? My grant started in Sep 2016 and stops in July 2019.

I read about special circumstances where the officer can request to see evidence from credible resources such as third party financial support, would this automatically switches the ILR application into FLR(FP) 10 year partner route?

[zimba]

If you cannot satisfy the ILR requirement, they may offer you FLR(FP) route

[tallojani]

Thank you for your reply Zimba.

What form should we fill in for FLR(FP) or is it simple a case of apply for ILR through 5-year partner route, pay the fee and end up with a visa under FLR(FP) 10-year route because we don't meet the financial requirements.

What about the life in the UK test, is this needed now if wife is going to be switched into 10 year route?

[zimba]

If you do not qualify for ILR, you should apply for FLR(FP) instead. That is cheaper but you have to pay IHS.
LIUK pass certificate is only for ILR