Cannot afford upcoming ILR application - what are our options?

[lampwick]

Hello everyone - that five years went by fast!

My wife's 5 yrs on her spouse visa is coming to an end in early April (initial 30 months and then a FLR(M) application as standard) and we find ourselves in the position of genuinely not being able to pay for her application. Our mortgage and other bills have risen hugely in the last 18 months and we can keep our heads above water but we have no money left over each month to save - indeed we had to use our savings to keep things going!

We don't go on holiday or gamble etc so we are not wasteful. My wife also works part time in a factory just to help pay the bills. We were considering a fee waiver but I noted that a fee waiver cannot be used for an ILR application.

Does this mean if we were to apply for a fee waiver, it would effectively be another FLR(M) application?

Secondly, I see that fee waivers are for those that are destitute or homeless etc. We are not destitute, but for several reasons (like me losing my job twice), huge increases in our mortgage and bills, using all our savings etc. we find ourselves genuinely unable to pay. If we do not qualify for a fee waiver as we are not destitute... what then?

I should add that we have a 3yr old daughter (British with passport). Very grateful to any advice that can be provided!

Thanks everyone

[secret.simon]

Does this mean if we were to apply for a fee waiver, it would effectively be another FLR(M) application?

More likely it will be an FLR(FP) application and will move your spouse to the 10 year pathway to ILR. Fee waivers are available only for a very limited category of applicants, typically those whose ECHR rights would be violated if they had to leave the UK.

This guidance applies to the following types of application:
• applications for leave to remain under the 5-year partner route from applicants who are not required to meet the minimum income threshold because their sponsor is in receipt of one or more specified benefits and who instead must demonstrate that their sponsor can provide adequate maintenance
• applications for leave to remain under the 5-year parent route
• applications for leave to remain under the new 5-year route being introduced under the Private Life Rules
• applications for leave to remain under the 10-year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)
• applications for leave to remain on the basis of other ECHR rights
• applications for further leave to remain from applicants granted discretionary leave (DL) following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further leave to remain would breach their ECHR rights
• applications for further DL from victims of trafficking or slavery who have had a positive conclusive grounds decision from a competent authority of the national referral mechanism (NRM), have already accrued 30 months’ DL and are seeking to extend it for reasons related to trafficking or slavery

Having a British child won't help because if the applicant is eligible for both the partner and parent route, they must apply under the partner route.

Can you not dip into savings or take out a personal loan?

[lampwick]

Thank you.

It seems for many reasons it would be so much easier just to find a way to pay. We will approach some family members about the money but I was desperately trying to avoid this. Thanks for your response.

[AmazonianX]

That's an option you can explore.