spouse visa to ILR

[skchatterjee2006]

Hi,

This is my situation:

I am a British Citizen born in the UK, & resident here in the UK. I have my own property in London, with a mortgage in my name. I got married in Dec 2003 to an Indian Citizen on a student visa to the UK, who came to the UK in Sept 2003 on a 1 year student visa. This marriage was a love marriage.

My wife changed her status to a spouse at the end of her student visa period, and was granted a spouse visa on 24th Aug 2004 for 2 years, which expires on 26th Aug 2006.

Now she is going to apply for the ILR part. Or marriage is existing, we have all the documents (joint accounts/bank statements/bills, council tax statements, electoral cards, NHS cards you name it...etc), we are living together, and I still have my house & mortgage. Her name is not on the mortgage as the bank (mortgage company) would not allow that as she does not have the ILR yet. And even more, we are planning another house so she can be a first time buyer on that property and get a good mortgage deal when the ILR is through.

Now, you might ask what is the problem? Well, I am currently not in employment, but in full time education, doing a MSc in Public Health from the London School of Hygiene & Tropical Medicine. I was in employment till June last year, but then decided to go for this golden once in a life time opportunity to do a Masters in Public Health Medicine, as the prospects are fantastic. My course is full time, and it finishes in september. So technically I am a student.

Although I tried to do a part time programme, the Univeristy of London does not have a good base on part time mode for this specific course, hence very very reluctantly I had to resign from my last job to go onto this course (the last employer was not willing to give me a year off as I had decided to get a change in my career from health analyst to public health medicine, hence they, as most UK employers do, were no longer interested in me!). I decided this would help me in my career prospects in the long run (as my wife has also got the public health medicine background).

On the other hand my wife is working full time (gets around £1700 per month), as a Health Development Manager, (public health medicine), and she is also a medic (clinician). Our joint savings (in terms of bank balances) touches to around £ 48,000 at present. Although I am a full time student, and my course is nerve wreckingly pulverising, I do some part time teaching/training to get some cash on hand, which is quite irregular, but I get say around £100 a week (say) when the work is there. It is variable and sometimes I make nearly £250 a week.

Now we are going to the HO in the beginning of August to get the ILR. I am desperately trying to get a full time job, but my course does not finish till Sept end, so until then I am not going to get a full time job. I am even trying to get a job offer for Sept/Oct 2006 so that the moment I have finished my course and am out from University, I am back at work. I have previously been always employed and this is how I managed to get a mortgage and a 3 bed house in London.

The point I am getting to is we both don't want our family lives shattered because of the situation that I am in. Do you think the HO will reject her ILR as I am a student? Will they ask for documents for my employment situation?

Although I have been born & brought in the UK, I am not that good at understanding all those HO rules on immigration. A friend told me you guys are real gold dust, so my question is:

What are the chances of my wife getting thr ILR this August 2006?

Thanx ever so much for your help.

Regards

SKC

[John]

SKC, I perceive you are worrying about a non-existent problem! Where did you get the idea that you have to be in employment? There is no such rule or requirement. It merely needs to be clear that your wife will not need to claim certain Public Funds.

Quite rightly you don't give detailed figures relating to your family income or outgoings but if it is clear that the finances balance, even if you are working just part-time, then that is fine.

[skchatterjee2006]

Thanx ever so much John. Just some more questions....

1. Do I need to show details of the funds that are coming in & going out?

2. Do they need to see my employment situation?

3. My part time earnings are really not worth mentioning as they can stop anytime depending on my study pressure, so I am not really employed in that sense. Does this matter?

4. What can the HO pick on to reject the ILR in our case.

Many thanx again for your kind help.

regards

SKC

[skchatterjee2006]

even at present, we manage to save nearly £300 per month after all expenses considered.

[John]

we manage to save nearly £300 per month after all expenses considered.

I really don't think you will encounter a problem showing that your wife will not need to claim certain Public Funds.

As regards the evidence to be supplied, have you downloaded the form SET(M)? That shows very clearly the sort of evidence that needs to be provided.

[Kayalami]

To add to John's comment I expect the caseworker to note the hefty bank balance of 48K as indicative of appropriate means to meet the funding criteria. By the by such would be worth reviewing in paying off your existing mortgage or indeed stumping up deposit for a new property - you should have no shortage of willing lenders with the amount in question. Good luck with the rest of the course and don't stress on the income - you'll be fine..let the missus take care of you for now..after all equality is the deal today .