Dependent ILR financial requirement

[42875]

My employment income ended in Jan 14 which was £18,500 per annum. From Feb 14 I am working as full time self employed contractor and earning around £2000 per month (24K p.a).

I got my ILR on 10 year basis and now planning to apply ILR for my wife, can some one please advise how can I show the financial requirement.

I will have to do a self assessment tax return for 5 April 2014 which will show my employment income plus 2 months of self employment income, will the home office accept this tax return?

[Amber]

Self employed income is over the last 1 or 2 tax years. Do you have savings?

[42875]

Thanks for the reply Amber, yes I have around £40k in cash savings now but was £25k-£30k 6 months ago. Please let me know if this can be of any use.

I am thinking to convert from self employment to a Ltd company and take out a gross salary of say £1,000 pm.
My wife is already earning gross salary of £1,000 pm. So our combined income will be more than £18,600 require to qualify. The only thing is, we will have to wait for another 6 months before we could apply. Also, please let me know if this scenario will work.

[Obie]

You cannot combine Category D and F or G.

That is not permitted, and i am not sure that is what Amber is suggesting.

Perhaps you may be able to combine your employment income with that of your wife over the last 12 months. If it is below 18600, then you could boost it with your saving.

Essentially you will be able to add 5600 of your savings to meet the financial requirement, provided you can show your wife's current gross wage and that of yours, individually or in combination will amount to 13000.

Given your circumstance, you may well be able to demonstrate this.

[Amber]

He can't use his employment income (Cat B) if he's not employed!

Is your spouse employed?

[Obie]

Amber, i believe his Salary from September to January when he ceased work, together with the wife's salary and the fact that he is about to change to Limited Company and get a Salary, and will therefore be considered as an employee, added to his 5,600 they can derive from their savings towards the 18600, may get them home with Cat B.

I think he will be fine with Category B.

[42875]

Thanks for replying.

Yes Amber, my wife is employed and earning gross £1,000 pm. Thanks for the suggestion Obie, I think that will work.

I spoke to the Home office twice yesterday and both the agents confirmed that my wife qualifies for ILR with Set O.

Her background is, she got her Tier 1 General dependent in Sep 2011 & came to UK in Jan 2012, then we had a renewal in Sep 12 which is now valid till Sep 15. If what home office said is true then I don't need to show the financial requirement.

Can you guys please confirm, that my wife qualifies for ILR with Set O.

[Obie]

How did you get ILR

[42875]

I got my ILR on 10 year basis.

[Obie]

Then the person who advised you is legally wrong. Then again, it is hardly surprising.

Your wife will not qualify for ILR as you did not obtain it through the PBS.

You do not meet any of the following requirements:

(b)
The applicant must be the spouse or civil partner, unmarried or same-sex partner of a
person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a
Relevant
Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to
remain as a Relevant Points Based System Migrant.

I have no hesitation in accepting that she would have met the

(d) The applicant and the Relevant Points Based System Migrant must have been living
together in the UK in a marriage or civil partnership, or in a relationship similar to
marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse
or civil partner, unmarried or same-sex partner of that
person at a time when that person had leave under another category of these Rules under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

[42875]

That's what I thought, so I called twice to confirm and two different agent said the same thing. I have send an email to the home office and am waiting for their reply so that I can have something in writing.

If I don't get a reply, then will have to go through the long route.

Thanks for taking time out to reply my queries, much appreciated.

[Obie]

The people you called are not legal advisers. They are under no obligation to provide you with legal advise.

You the applicant is required to know whether or not you qualify and make the necessary requirement for the application you intend to make.

[Amber]

I wouldn't trust the call centre operators to take my dog for a walk.