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ILR-Application help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

ILR Spouse Non-employment financial requirement HELP

Post by tallojani » Wed Jan 30, 2019 10:15 am

Our situation is rather complicated but i hope to receive good advice from members here as usual.

Wife's due ILR soon (entered UK 4th April 2014) eligible to apply in March i believe, our financial situation is not straight forward, i will do my best to explain. Hoping to submit application in April.

I am a nursing student, receiving NHS bursary £9600 p/a (£12712 with childcare cost), i'm in my final year of studies, qualifying in August 2019, last bursary payment will be coming in July 2019. For last visa extension we used my bursary and my part-time employment wage (24 hours p/week at minimum wage) to meet financial requirements. However, i no longer work, gave up my job end of August to focus on my last year of studies and wife does not work. I receive child tax credit and child benefit for our son.

I look after someone else's child, i am the only guardian the child has in this country, i get child tax credit and child benefit for him, Social services encouraged me to apply for a special guardianship order for this child which i have now submitted so hopefully soon i should be getting guardians allowance from social services. This will be on means-test and considering my financial situation this should be around £160 per/week (£8320 p/a). However, i will only be getting this for Feb, March and April, prior of application submission.

I'm aware of tax-free threshold £15800 that i have to meet/show.

My queries;

As we don't meet the financial requirements on bursary alone, can we use the guardians allowance?

If yes, What category does this come into?

How do i calculate the guardians allowance to meet shortfall? Do i use yearly figure (£8320) and add to bursary (£9600) giving a total income of £17920 meeting threshold?

What proof do i need to show in terms of special guardians allowance, would a letter from social services suffice?

Am i correct that child tax credit/benefit cannot be used to meet financial requirements?

The reason i left part-time job was to focus on my studies, i have now gone through the difficult times so if all fails i can go back to my part-time job. How would i use this to show that i meet financial requirements.

Her current visa expires in July 2019, would it better to wait and apply when i get a job letter as a nurse which will be in May but starting in September.

I hope someone is able to shed light on my queries. Thank you

tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: ILR Spouse Non-employment financial requirement HELP

Post by tallojani » Sat Feb 09, 2019 10:24 am

tallojani wrote:
Wed Jan 30, 2019 10:15 am
Our situation is rather complicated but i hope to receive good advice from members here as usual.

Wife's due ILR soon (entered UK 4th April 2014) eligible to apply in March i believe, our financial situation is not straight forward, i will do my best to explain. Hoping to submit application in April.

I am a nursing student, receiving NHS bursary £9600 p/a (£12712 with childcare cost), i'm in my final year of studies, qualifying in August 2019, last bursary payment will be coming in July 2019. For last visa extension we used my bursary and my part-time employment wage (24 hours p/week at minimum wage) to meet financial requirements. However, i no longer work, gave up my job end of August to focus on my last year of studies and wife does not work. I receive child tax credit and child benefit for our son.

I look after someone else's child, i am the only guardian the child has in this country, i get child tax credit and child benefit for him, Social services encouraged me to apply for a special guardianship order for this child which i have now submitted so hopefully soon i should be getting guardians allowance from social services. This will be on means-test and considering my financial situation this should be around £160 per/week (£8320 p/a). However, i will only be getting this for Feb, March and April, prior of application submission.

I'm aware of tax-free threshold £15800 that i have to meet/show.

My queries;

As we don't meet the financial requirements on bursary alone, can we use the guardians allowance?

If yes, What category does this come into?

How do i calculate the guardians allowance to meet shortfall? Do i use yearly figure (£8320) and add to bursary (£9600) giving a total income of £17920 meeting threshold?

What proof do i need to show in terms of special guardians allowance, would a letter from social services suffice?

Am i correct that child tax credit/benefit cannot be used to meet financial requirements?

The reason i left part-time job was to focus on my studies, i have now gone through the difficult times so if all fails i can go back to my part-time job. How would i use this to show that i meet financial requirements.

Her current visa expires in July 2019, would it better to wait and apply when i get a job letter as a nurse which will be in May but starting in September.

I hope someone is able to shed light on my queries. Thank you

Any suggestions would highly be appreciated.

tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: ILR Spouse Non-employment financial requirement HELP

Post by tallojani » Tue Feb 26, 2019 9:35 pm

I have been in receipt of grant for postgraduate studies since September 2016 and my grant finishes in July 2019. I am wondering if I can use my grant income to fulfill part of income threshold for spouse's ILR.

I am confused with the following guidance and require experts advice on this.

I found this in guidance FM 1.7 financial requirement p.45.

6.5 "Non employment income - specified evidence.
(g) (1) Documentation from the body or company awarding the grant or stipend confirming that the person is currently in receipt of the grant or stipend or will be within 3 months of the date of application, confirming that the grant or stipend will be paid for a period of at least 12 months or at least one full academic year, from the date of application or from the date on which payment of the grant or stipend will commence, and confirming the annual amount of the grant or stipend. Where the grant or stipend is or will be paid on a tax-free basis, the gross equivalent amount may be counted as income.

(ii) Personal bank statements for any part of the 12-month period prior to the date of the application during which the person has been in receipt of the grant or stipend showing the income was paid into the person's account."

Reading point (i) seems I can't use the grant, to me the language used indicate it is referring to present/future. However, point (ii) clearly refers to past which to me suggest that I can use the grant to fulfil income requirements as long as I can show that grant was paid into my bank any time in the past 12 months prior to the date of application which it was and has been.

My argument is that if self-employment income and other non-employment income (rent, property investment) are based on past 12 months period than why can't my grant which is in fact listed under non-employment category whithin the guidance.

I am beginning to stress over this as I don't want to end up in 10 year spouse route. Can someone please take me out of my misery?

tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: ILR Spouse Non-employment financial requirement HELP

Post by tallojani » Thu Feb 28, 2019 11:07 am

Hi any advice from gurus please?

tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

ILR-Application help

Post by tallojani » Mon Apr 08, 2019 1:00 pm

Hi,

We are filling in the online ILR application for my wife through 5-year spousal route.

We are stuck on the question about property ownership. My wife lives with me and i own the house (mortgage) and need help.

How should we answer this question?

Question says do you own or rent your home?
1) i own
2) i rent
3) neither

if we select neither, then it says explain and asks for a list of documentation to be provided from the owner, such as their passport, property ownership papers and no objection letter signed by the owner.
May Allah swt make it easy for us all

tallojani
Senior Member
Posts: 504
Joined: Tue Jul 02, 2013 11:14 am

Re: ILR-Application help

Post by tallojani » Mon Apr 08, 2019 4:14 pm

tallojani wrote:
Mon Apr 08, 2019 1:00 pm
Hi,

We are filling in the online ILR application for my wife through 5-year spousal route.

We are stuck on the question about property ownership. My wife lives with me and i own the house (mortgage) and need help.

How should we answer this question?

Question says do you own or rent your home?
1) i own
2) i rent
3) neither

if we select neither, then it says explain and asks for a list of documentation to be provided from the owner, such as their passport, property ownership papers and no objection letter signed by the owner.
Can anyone please answer this.
May Allah swt make it easy for us all

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: ILR-Application help

Post by CULLINAN » Mon Apr 08, 2019 7:20 pm

tallojani wrote:
Mon Apr 08, 2019 4:14 pm
tallojani wrote:
Mon Apr 08, 2019 1:00 pm
Hi,

We are filling in the online ILR application for my wife through 5-year spousal route.

We are stuck on the question about property ownership. My wife lives with me and i own the house (mortgage) and need help.

How should we answer this question?

Question says do you own or rent your home?
1) i own
2) i rent
3) neither

if we select neither, then it says explain and asks for a list of documentation to be provided from the owner, such as their passport, property ownership papers and no objection letter signed by the owner.
Can anyone please answer this.
Do neither and add a cover letter that your wife lives with you and attach a tenancy agreement. Usually there is another option “live with family” but you are stating only three options so just make it clear in the cover letter.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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