ILR Interview - ILR rejected -

[kankerot]

My circumstances are not typical. My wife is from the USA we were married in December 06 and she got her 2 year Spouse Visa in August 07.

However in the 2 years we have lived together I have been trying to set up my own business with some success (I have 30k in my business bank account) but I have not drawn a wage and lived off my saving as I tried to build up my business - ILR was the least of my concerns.

Now I also have over 10k in savings left - but as I have had no income - will they reject my ILR? This is why I decided to have an interview.

Neither myself or my wife have claimed any public funds.

[Obie]

I suspect you will be fine. Does your wife work? Is there a possibility you will be able to find work or your business could become productive.

Remember, they will take both of your incomes into consideration.

Read this information, i am sure it will keep you mind at ease.

[kankerot]

My wife does not work - she is studying (I am paying the fees).

I have an email from the NHS Director (my business we write software for the NHS) offering my business a £40k per year contract - it mentions we are sorting out contracts but I don't have an official contract at hand - it still being written. Any point bringing this email along?

[Obie]

It will not harm your case for sure. It will show that you have realistic prospect of obtaining employment, which will in turn enable you to support yourself and family without recourse to public funds.

Have a read through the link. It will enable you to deal with potential questions that may be asked.

[kankerot]

I have read through the link - we have no children or dependants so I hope that I can show that I have enough savings / potential future income.

[kankerot]

Well the ILR was refused on the grounds that I had not officially drawn a wage. I explained that I had lived off my savings by being frugal - it was only myself and my wife.

They discounted the email as it was not evidence. They said how could I have supported myself - I showed them my bank accounts - so they could not believe that I could get by with £500 per month for the two of us as we don't have any mortgage or housing costs.

I was accused of undeclared income and tax fraud.

The whole process is a joke - long and short is - if you are not wasteful with your money you get penalised.

[Obie]

Sorry mate. Those people can be quite rude and unhelpful.

Have you thought about the next step.

Obviously, the appeal avenue is open, isn't.

[kankerot]

I am not going through an appeal - just going to ask my wife to leave the UK and go see her parents.

Until I get the contract or actually draw a full wage they wont believe that I can support myself.The whole episode has left a sour taste in my mouth.

The more you provide them the more they think you have to hide. In their eyes you are just guilty.

[Casa]

Did you submit a tax return to the HMRC? If not, this is maybe why they
were suspicious of undeclared income. Even if you haven't drawn a wage, you would still need to submit an annual return...or maybe you did?

[kankerot]

ILR was granted after I submitted extra evidence.

This has been a really stressful time.

What I have learned

1) Don't bank online -

2) Only provide the evidence they want - anything else they will disregard even if you think it proves your case.

As my wife is American - I think she cannot have dual citizenship but what is the main difference between having ILR and being a UK Citizenship.


I am wondering whether it is worth applying for UK Citizenship and giving up US citizenship. If not then my wife will remain on ILR - what happens when she renews her US passport?

[wphsmpteir1]

Congratulations on getting ILR

Can you elaborate what happened the first time and the difference on your next visit for the benefit of the board

[Ben]

As my wife is American - I think she cannot have dual citizenship but what is the main difference between having ILR and being a UK Citizenship.


I am wondering whether it is worth applying for UK Citizenship and giving up US citizenship. If not then my wife will remain on ILR - what happens when she renews her US passport?

Afaik US citizens are allowed to hold citizenship of another country. However, they must enter and leave the US only on their US passport.

Regarding renewing the US passport for someone with UK ILR, it's possible to have the ILR endorsement transferred to the new passport - but it costs. A free alternative is to carry both the current and expired (containing ILR endorsement) passport when travelling. I know of some with ILR who glue both passports together. Not sure if that's strictly allowed or not though.