ILR

[Hitachi]

Hi
It's my first post...I don't know I am on right page..
My query is:
I entered in the UK on 03/03/2014 ( Spouse visa 03/02/14 until 03/11/16.....33 months) with my visa I received a letter from home office that I can apply for permanent stay 28 days before the completion of my current visa.
So by following this letter I applied for ILR on 15 Oct 2016
I received my refusal after 5months 24 days.
After this straight a way I applied for judicial review and in the meantime applied for FLRM as well. I received my granted visa from 17/07/2017 to 13/01/2020 with attached statement......
Grant of leave to remain 5 year partner route. Granted a period of 30 months limited leave to remain under paragraph DLTRP1.1 appendix FM.I meet the requirements of RLTRP.1.1,a,b,c Of these rules.you may be eligible to apply for settlement after completing 5 years under this route.

Please advise do I need to apply for a further extension before expiring my current visa to complete 5 years.OR Am I eligible to apply for ILR as with the addition of my first visa and FLR my 5 years ll complete in December 19..... Because I am adding the gap as well which I had because of My ILR application on early stage.
Is there any way that I can get the accurate information....
Please help
Thank you
Hitachi

[zimba]

Applying for ILR was a mistake as you need 5 years under family route for grant of ILR.
You need to share the exact date your ILR was refused and date you applied for your FLR(M) afterwards.

[Amber]

Hi..
I am Going to apply for ILR ...

My first entry in the UK.was on spouse visa after 2nd july 2012......after this I applied for FLRM....in 2017..... now my time for ILR.....
My question is
My husband ( sponsor) is self employed....as a private hire driver....does he need accountant letter or contract letter on company letterhead, company letter, the bank statement, weekly payments statements and tax documents ll be enough for the financial requirements..
Can we combine our income to Meet the required income£18600....
As we have more than £16000 in cash saving .....so the extra money can be count in income aswell.?
I have a 5 month baby......Can I apply for child benefit...will it affect my ILR?
Please help
Thank you

[Amber]

For the Financial Requirement see Appendix FM 1.7 - https://assets.publishing.service.gov.u ... -ext_1.pdf

You cannot claim Child Benefit unless the child is British, but your spouse can.

[Hitachi]

Hi ....I have checked the appendix FM1.7 but I can't understand that can we combine the income of me and my husband ...he is self-employed from Nov 18 up to now and I am no .but I worked in April 18 to August.....so in 18-19 we Meet the income threshold £18600 ....
As I am not working since 16 August 2018..... But my partner is working as a self-employed..

Can we combine our income for the last full financial year 18-19.
Please reply.... ASAP

[zimba]

No. He needs his latest self assessment. This is April 2018 to April 2019 period. Your salary cannot be combined with his self employment as you do not work anymore

[Hitachi]

No. He needs his latest self assessment. This is April 2018 to April 2019 period. Your salary cannot be combined with his self employment as you do not work anymore

I had a baby so i don't work anymore but for the last full financial year income.18-19. My husband didn't earn £18600.. Even if we pay the tax return only for him for 18-19...but can't show that extra money via bank statements.
....but in this year 19-20 ..he has already earned 18600..........
Please I need a right direction..my Visa expiring on 13 Jan 20.... Can't I base my application on the last 12 months like Jan 19 to dec 19..if someone is reading my post please guide ASAP..

[zimba]

You were given the official guide link above to read but you seem to be not interested. The entire section 9 of the guide is dedicated to this subject and clearly explains what is required. Also you are seeking advice at the last minute which is not ideal.
The last 12 months can only be used for employment based income (category B). For self employment, you need either the last year's self assessment (or a company accounts) or the average of the last two years accounts (Category F or G). Salaried employment can only be combined if such employment is still a source of income on the day of application. If you cannot meet these requirements, you cannot stay under the 5 year partner route and must switch to the 10 year partner route FLR(FP)

[Hitachi]

Hi CR001......it's urgent

I really need help please reply...my FLRM visa expiring on 13 Jan 2019....I am on 5 years partner route.
I am going to apply ILR on .so to Meet the income threshold £18600 ....me salaried employee in 18-19 tax year earned 6567 and the rest my husband as a self employed and so total is £19300....and he has paid the tax aswell on his income.....I have seen in appendix FM-1-7. That a couple can combine the income (self-employed and employed).... It must be a on going employment at the date of application.....the only problem is he is ongoing up to now and has earned £18600 already since April 2019 to now.......but I am not working since Aug 18..... Because I have baby now........
Can we still combine the income....as I am not working....
What docs and information I can provide , to satisfy the caseworker.....
Please let me know ASAP....
It's urgent
Please guide

[Hitachi]

Hi zimba... thank you so much for your help and support...
If I just show only my husband's self-employed income tax return for£19000 for 18-19.....but can't show that money in bank account apart £12761...... which is showing in bank statements every week....and can provide accountant letter confirming that he has earned £ 19000 in 18-19.....
Can it work?
If I switch to FLRp.....do I need to start from 0 then....or how can I go for this.?

Can I get a like one year extension. So that in next year I can apply for ILR only on my husband income.....
Please reply
Thank you

[zimba]

How did he earn £19K but his bank statements cannot show this ??!
For the specified evidence you must read the section 9.6 of the guide

[Hitachi]

He did
it was cash in hand which we use for our house hold expenses.
Yes I have read as it doesn't reflect in bank statements...

[zimba]

9.3.8 Self-employed income can be cash-in-hand if the correct tax is paid. In line with
paragraph 3.1.5 of this guidance, it would generally be expected that the person’s
business or personal bank statements would fully reflect all gross (pre-tax) cash income.
Flexibility may only be applied where the decision-maker is satisfied that the cash
income relied upon is fully evidenced by the relevant tax return(s) and the accounts
information.

[Hitachi]

Hi ,
I more question if I am in self employment at the date of application 13 Jan
And my employment started on 10 Jan will that be enough to satisfy the requirement...
I am in ongoing employment at the date of application....or there is a time scale like 3 months before the application I must be in the employment.
Please reply as you know my whole situation
Thanks

[zimba]

No. He needs his latest self assessment. This is April 2018 to April 2019 period. Your salary cannot be combined with his self employment as you do not work anymore

[zimba]

You were given the official guide link above to read but you seem to be not interested. The entire section 9 of the guide is dedicated to this subject and clearly explains what is required. Also you are seeking advice at the last minute which is not ideal.
The last 12 months can only be used for employment based income (category B). For self employment, you need either the last year's self assessment (or a company accounts) or the average of the last two years accounts (Category F or G). Salaried employment can only be combined if such employment is still a source of income on the day of application. If you cannot meet these requirements, you cannot stay under the 5 year partner route and must switch to the 10 year partner route FLR(FP)