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ILR - Application for Spouse and my step son

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

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hannahj
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Posts: 12
Joined: Wed Jan 06, 2010 4:29 pm

ILR - Application for Spouse and my step son

Post by hannahj » Fri Apr 02, 2010 11:49 pm

Hi - I am looking for some assistance with my husbands shortly due ILR application. I was, up until a couple of months ago in well paid employment and the sole household earner whilst he was house husband looking after our son. We lived in privately rented accomodation. However I was made redundant from my job a few months ago and unfortunately am still unemployed. We have recently moved into a housing association house and receive housing benefit and council tax benefit. I also receive child benefit and contribution based JSA. We (jointly) are in receipt of child tax credits. Our savings that we did have have all now diminished since the redundancy and we are living pretty much on the bread line. I am concerned that our current financial situation and living circumstances will affect his application. Any advice would be extremely appreciated. We can't have his application refused - this would just turn our world upside down and devistate us.

Thanks in advance for any help and advice.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sat Apr 03, 2010 12:30 am

The issuance of the ILR is based primarily on your relationship, financial considerations are of secondary importance.
As long as your husband has not claimed public funds then your case is straightforward.
You claiming benefits, living in Housing Association accommodation has no effect on your husbands claim for ILR

hannahj
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Posts: 12
Joined: Wed Jan 06, 2010 4:29 pm

Post by hannahj » Sat Apr 03, 2010 1:04 am

Public funds are the really confusing aspect! Also I forgot to ask - he was out of the country for 2 months last year, bringing his son to UK (2 months due to waiting for process of sons visa). Correct me if i'm wrong but this will not have any effect on the ILR application. However, his sons visa expires the same time as his passport does (just under 5 years) - is this what is referred to as ILE?? He has no recourse to public funds stamped on it. My question is do we need to apply for his son on husbands ILR application - if not merely to have the 'no recourse' aspect replaced - or just leave his sons visa as is and just renew once his passport expires?

Thanks for your help - much needed as very confused!

hannahj
Newly Registered
Posts: 12
Joined: Wed Jan 06, 2010 4:29 pm

Post by hannahj » Sat Apr 03, 2010 6:46 pm

Can anyone offer any response to my questions above????
Thanks

diago_nelson
Member
Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Post by diago_nelson » Tue Apr 06, 2010 1:31 pm

Can you advise what is your husband son's visa type? It cannot be ILE (Indefinite leave to enter) as ILE will not have "No recourse to public fund" stamped.
hannahj wrote:Public funds are the really confusing aspect! Also I forgot to ask - he was out of the country for 2 months last year, bringing his son to UK (2 months due to waiting for process of sons visa). Correct me if i'm wrong but this will not have any effect on the ILR application. However, his sons visa expires the same time as his passport does (just under 5 years) - is this what is referred to as ILE?? He has no recourse to public funds stamped on it. My question is do we need to apply for his son on husbands ILR application - if not merely to have the 'no recourse' aspect replaced - or just leave his sons visa as is and just renew once his passport expires?

Thanks for your help - much needed as very confused!

hannahj
Newly Registered
Posts: 12
Joined: Wed Jan 06, 2010 4:29 pm

Post by hannahj » Tue Apr 06, 2010 2:43 pm

I really don't know. No paperwork was given, its just the visa in the passport and there is no reference as to what type it is!?! It's expiry is the same time as his passport - 4 years and 10 months. (his passport was new - 5 years). It states "visa to acc father/cyr (then my name)". Any ideas?

diago_nelson
Member
Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Post by diago_nelson » Tue Apr 06, 2010 11:44 pm

http://www.ukvisas.gov.uk/resources/en/ ... tsandcodes

As per the codes provided, it translates that his child is being granted "Child - view to settlement" visa.

You would need to include his son application with your husband's ILR application.
hannahj wrote:I really don't know. No paperwork was given, its just the visa in the passport and there is no reference as to what type it is!?! It's expiry is the same time as his passport - 4 years and 10 months. (his passport was new - 5 years). It states "visa to acc father/cyr (then my name)". Any ideas?

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