ILR for wife...think trouble lies ahead..help please

[APPLE_543]

hi everyone

my situation is this, im british by birth and in 2010 i marrried my wife in india, we got her a spouse visa from india in nov 2010 and it expires in feb 2013

we need to apply for ILR sometime in january but i dont meet the minimum salary requirments so dont know what to do, do i spend £1000 on UKBA fees only for them to refuse it

my wife is not working as we have a baby, born in 2011 in the uk and he holds a uk passport

my question is if they refuse it due to my low income where do we stand?

i own my own house with mortgage but we dont have much more than 2k in savings

surely they cannot deport her, our baby is only 1 and i work ft so cannot look after him myself...i also dont have close family who could look after him...we live alone

is there a case for copassionate grounds or human rights to a family life? im confused and scared now my wife is quite angry with me

It seems disgrceful that we are in this position when i was born here and have worked for nearly 18 yrs in the uk

My wife has a provisional driving lic. and also passed her life in the uk test

please help with any advice if you can

thanks in advance

[Greenie]

Which minimum income requirements are you referring to? your wife will be subject to the old maintenance requirements, not the new £18600 threshold if that's what you are worried about.

[APPLE_543]

Hi thanks for replying

Why will that be the case I dont get it?

I've also just read that she may qualify under the ilr as a parent of a uk citizen I was thinking that's my only chance

[innocentdevil]

the rules in place before 9 july 2012 apply in this case hence no financial requirement

[Greenie]

There is a financial requirement, but it is the old requirement of 'adequate maintenance and accommodation' which is the requirement you would have met when she applied for her initial spouse visa.

[innocentdevil]

on another note, it would be interesting to see what do they do in such a case where one partner is british and the spouse don't meet financial requirement.

I do not think that they will refuse the settlement or a visa as I know of a family case where a british settlement husband divorced his wife (they had a 2 months old baby) and sent her back to Pakistan.

Needless to say she applied on the grounds that she is the mother of the child and she was given ILR to stay here and she is still here.

[Greenie]

The circumstances you have described are different to the circumstances of the OP and therefore not really relevant.

All the op needs to worry about is that the new financial requirements do not apply and the old ones do. Generally speaking an application for ilr as a spouse under the old rules would not be refused on maintenance grounds alone.

[innocentdevil]

i know it was a different case but the whole point was to put OP's mind to rest.

[Greenie]

i know it was a different case but the whole point was to put OP's mind to rest.

But the circumstances were completely different so it is not very helpful to use that case as an example of why his wife's case will succeed.

[innocentdevil]

thats for him to decide not you. I have given a real life example.

[Casa]

I agree with Greenie. Introducing a completely different situation will only have confused the OP further.
APPLE_543, Greenie has given you good advice. Ignore the new rules on finance, they don't apply to you.

[EMC2]

Please assist me filling the form correctly.

Do I need to fill section 3 of Set M form? This section is for childern related questions.

Our daughter is British citizen born in June 2011. Do we still need to give her details in section 3 of Set M form?

All your help will be greatly appreciated.

Thanks