ILR 5 Year Rout Ukrainian Wife’s Spouse Visa

[liyam]

Hi everyone

I’ve searched through the forum to find a relevant topic about my questions but couldn’t find anything so I’m posting a thread here and I’m hoping to get an idea of what we are facing.

We have to start showing 6 months statements/payslips for my wife’s ILR as we are approaching the last six months very soon but unfortunately since the pandemic I’ve been on and off jobs like many without any proper permanent jobs so far and right now I’m on part time job which isn’t enough to cover the £19k threshold.

My wife is expecting our baby right now and very hard for her to carry on working so I’m afraid this might end in us not being able to get the ILR for her at the end of the 5 years (second 2.5 year’s end).

Is there a way to deal with our current dilemma? She is Ukrainian and I was hoping if there’s anything new that would allow us applying for her ILR as easy as how the European guys are doing it, they pay nothing for their ILR and don’t have to show any income at all. I say this because I helped an Italian friend apply for her Brazilian husband and it took us 10 minutes and free of charge to apply for his ILR …!

Do we have any luck with this petition:
https://petition.parliament.uk/petitions/612308

Thanks in advance for any thoughts put into this.

[zimba]

To settle under the family route you must meet the finical requirement under the rules. There are several categories in which you can meet the financial requirement under the family route. Have you looked at them in the guide ??

Guide: https://assets.publishing.service.gov.u ... rement.pdf

Also, note that the rules concerning EEA citizens and their family members who were living here before 1 Jan 2021, under the EU settlement scheme are a separate part of the immigration rules. They do not apply to non-EEA citizens and their family members

[manci]

We have to start showing 6 months statements/payslips for my wife’s ILR

Not necessarily.

You could meet the financial requirement if:
* your and your wife's combined current salary is at least £18,600 p.a. AND
* you and your wife received a combined aggregate income of at least £18,600 in the 12 months prior to the date of application.

As your wife is not a recent refugee from Ukraine I don't think she would be able to avail herself of a possible rule change even if the petition you refer to were to be successful.

[liyam]

Right now, I have a part time job and receiving UC and this is how we cover our costs. The last time we applied I did have a full time job that covered the under £19k threshold so we applied on the 5 year route.

From my understanding nothing is allowing us applying for the ILR under the 5 year route now, while I have a part time job earning only £12k and receiving a bit of UC too. So I was hoping there’s a rule I haven’t come across while going through the gov website.

Are we simply going to be changed to the 10 years route now with a further 2.5 years visa?

[zimba]

I suggest applying using FLR(FP) if you want to go under the 10 year route

[liyam]

I honestly don’t want to change from the 5 year route as it’s already cost me so much both when I applied for entry clearance and again after 2.5 years for extension…

But seems like if we can’t meet the £18600 a year wage threshold then they won’t give us the ILR.

I was told Ukrainian can change their visas free of change as long as they have a biometric card and their visa is valid after March 2022! Does that apply to us if we want to extend hers this time?

[manci]

What you refer to is the Ukraine Extension Scheme and, without knowing your wife's details, she may well be eligible under this scheme. See:
https://www.gov.uk/guidance/apply-to-st ... ion-scheme

The max. permission she may get under the scheme is 3 years but note that under present rules this route doesn't lead to settlement. Applications are free.

[liyam]

I hope there’ll be a way as I’m struggling to find another job and a way to meet the financial requirements and even be able to pay the huge application and NHS fees like I did the last couple of times, and what’s worse, my part time job is not even permanent to give me confidence that I’m halfway through!

[manci]

I hope there’ll be a way as I’m struggling to find another job and a way to meet the financial requirements and even be able to pay the huge application and NHS fees like I did the last couple of times

None of this is required for the Ukraine Extension Scheme, there are no fees. At present this route doesn't lead to settlement but this may possibly change in the future.