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Need to apply for ILR but in-between jobs?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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M_and_M
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Need to apply for ILR but in-between jobs?

Post by M_and_M » Mon Feb 06, 2023 12:13 pm

Hi. Hoping someone has some experience/advice re my problem.

My wife and stepson (14 yrs) are applying for their ILR (very soon). I have sponsored them for their previous FLRs on the 5 year route. But at the moment I am currently between jobs, so unemployed with no significant savings. My wife and I have a 4 year old daughter born in the UK (British Citizen).

I know that I should normally apply for ILR via family (spouse) route, but I won't currently meet the financial requirements. Also my wife only has part time work and does not earn much each year.

What are my options?
• Can my wife apply as a parent of a British National?
• Can my father sponsor, or act as guarantor for, my wife's application?
• Should I apply, and if it fails, then appeal?

Many thanks

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zimba
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Re: Need to apply for ILR but in-between jobs?

Post by zimba » Mon Feb 06, 2023 12:55 pm

You cannot apply for their ILR. Any other route or path will put them under the 10 year route and resets their ILR clock.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

M_and_M
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Re: Need to apply for ILR but in-between jobs?

Post by M_and_M » Mon Feb 06, 2023 1:20 pm

Thank you Zimba.

I'll apply to extend their current visas using the FLR(FP) and apply for their ILR when I have a job. Bit of a hassle and extra cost but at least there is a way.

Cheers, Mark

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CR001
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Re: Need to apply for ILR but in-between jobs?

Post by CR001 » Mon Feb 06, 2023 1:21 pm

Applying for FLR(FP) and it being approved will be a 10 year route to ILR (4 x 2.5 year visas) and it resets their clock for ILR to zero. FLR(FP) is under different immigration rules to FLR(M) which they are currently on.

You will not be able to apply for ILR based on the FLR(M) 5 years route if they are granted FLR(FP) visa extensions.
Char (CR001 not Casa)
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M_and_M
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Joined: Mon Feb 06, 2023 10:31 am
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Re: Need to apply for ILR but in-between jobs?

Post by M_and_M » Sun Feb 26, 2023 3:19 pm

Thanks CR001. Not the best news for us. Will probably have to take some more advice from an immigration lawyer tomorrow.

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