Maintanence Requirements for ILR SET(M) if Unemployed

[PK245]

Hi,

Would appreciate some good advice. I have called UKBA Enquiries but did not get any useful info. I also tried CAB but they do not provide immigration related services anymore as their funding was cut recently.
Please bear with me as I have asked a lot of questions.

Background:

I came to UK on Tier-1 in November 2010. My wife is a British Citizen; she joined me here 3 weeks afterwards. I Found a job in Feb 2011 and have been working there since, first as a contractor and for the past 1.5 yrs. as permanent employee. We have been living in a 2 bedroom rented flat, exclusive to us since March 2011. Our only child was born in UK in June 2011. Since my wife is a British Citizen I changed my category to spouse-dependent [FLR (M)] in November 2011. Therefore I am covered under the ‘Family members transitional arrangements’ (entered this category before 8 July 2012) which means the financial/maintenance requirement are not explicitly defined. Since my current visa ‘temporary leave to remain’ based on FLR (M) application is valid till 02 November 2013, I plan to apply for ILR through SET (M) application form in October. I have yet to take my Life in the UK Test, which I plan to do so in August.

Current Situation:

Recently, unfortunately, our employer’s parent company has decided to close down our company globally due to financial issues and failure of a sale. This means all employees are being made redundant. I expect to get the notice soon and will cease to be employed by end of August 2013. My wife does not work, she is at home full time, taking care of our son (2 years old), I am the only one employed and after the recent twist, our household income can go to zero. Our current combined savings amount to just £1,000. I have started applying for jobs and am hopeful to get one soon which means I don’t have to do any special preparations but at the same time I have to start preparing for the worst case scenario. Until recently, I was familiar with the requirements of me SET (M) application and was pretty much prepared. But with this new situation, preparing for worst case scenario that I do not have a job and therefore household income is zero at the time of application, I need some guidance (legal and straight forward). I have lots of questions, the initial ones specifically about maintenance requirements in case of unemployment and then some general questions I had about the SET (M) form. Our minimum monthly expenses are around £1,500 (out of this rent + council tax = £878). As from public funds, the only amount my wife claims is £81 per month as ‘Child Benefits’.

Maintenance Questions:

1. Personal Savings

a) If at the time of application our household income is 0, can we show personal savings only to satisfy the maintenance requirements?
b) Currently we have £1,000 which is obviously not much. We can quickly get some one-off amount of money from family and a significant amount from friends. How much money is totally required to be shown as savings to satisfy maintenance requirements in our case?
c) Does this also count as ‘lawfully derived’ savings?
d) Can we get it from friends as well as family members? (both will be from outside UK)
e) Can it be from many different sources? e.g. 1 family member + 3 different friends?
f) A bank to bank transfer is sufficient? Do we also need to show the family/friends bank statements (they are abroad) and a personal letter from them?
g) Does it make more impact if friends transfer to my family member’s account and they send it all in 1 single transaction, coming from my father’s/brother’s account?
h) How long do those savings need to be present in my own bank account? Prove by my bank statements alone?

2. Friends/Family Sending Funds on Regular Basis

a) Does this also work? (This is least likely for me to arrange)
b) Does the family/friend have to be present and sending money from UK?
c) Do they have to sign some undertaking?
d) How much per month do they have to send?
e) Can we get funds through similar arrangement from more than 1 party each month?
f) How to provide evidence of this?
g) For how long do they have to be sending us money regularly?

3. Sponsor/Guarantor

a) A generous friend of mine (he is a real friend and personally known to me) and is offering help without reward, just to help me out. He lives in UK, is a citizen, and has property (multiple) here. He says he is willing to become my sponsor/guarantor. Since he is not a family member but a friend, can he do that for me?
b) Any details on how this works?

4. Combinations

a) If ‘3’ is possible, I will go for both ‘1’ and ‘3’ to be sure. What is the expert advice on how to actually proceed?
b) Should I also attach my CV to the application form to show my skills and prospect of getting a job? Add proof of previous employments as well?

5. I am living in the same flat as the one in last (FLR-M) application. Recently the ownership has changed – 2 months ago. I will try to get a letter from my last landlord and also from the letting agency (which is the same as before). I am not sure if the landlord will respond, is that still ok?

6. Any general suggestions for my case?

7. I plan to apply through PEO, any reason I should not?


SET (M) Form Related Questions:

We have one child, who is already a British Citizen and is NOT applying on this form. I got confused about the related question in the latest SET (M) form:

8. SECTION 3 - CHILDREN UNDER 18 You are required to provide details of any children under 18 who are living with you in the UK, and who are applying for indefinite leave to remain as your dependants.If more than 2 children are applying, please give their details on a photocopy of this page, enclose it with this form, and place the photographs in a sealed envelope attached to section 1 as instructed there.

a) To Fill ONLY if children are applying?
b) To provide pic ONLY if children are applying?
c) To provide passport/docs ONLY if children are applying?

9. 3.9 Please include any further information that you think may be relevant to the consideration of this application. You may
wish to include details of any children under the age of 18 who are living with you in the UK, and are British citizens, or have lived here for the last 7 years. Continue on a separate page if necessary.

a) For the child, do I have to fill this part ONLY in SECTION 3?

[Amber]

Are you claiming tax credits and your wife child benefit? Have you been working for 2 years paying NI?

Your child doesn't need to be included but shoud be mentioned.

[PK245]

Thanks for the reply. Yes, I have been working for more than 2 yrs and paying NI regularly. No, we are not claiming tax credits. Yes, my wife is claiming child benefit (£81 per month).

[Amber]

You may be entitled to Contribution based JSA. You should get redundancy pay if you've worked for the same employer. You should put in a claim for tax credits, joint application.