Trevor1809

UK ILR questions

3 posts in this topic

Took a look at the form yesterday.  Q 9.13 asks how long the applicant has lived in the UK then asks about periods of absence from the UK in that time. It only gives 4 boxes (over a 5year period) which makes me think that they aren't after periods of holiday, only periods that that applicant wasn't actually residing in the UK. Given the wife goes back to Thailand a couple of times a year to see her family then I would have to list 10 absences if they want short visits. She had one stay of a few months when there was a family illness. I assume that there will be no problem about that.

Anybody have a view of what they are looking for here. Guidance notes don't help.

 

Also I assumed that the £18600 earnings rule appplied. Is that not the case? The form hardly goes into earnings at all and as far as I can see doesn't ask anthing about unearned income from a business. It does say that you must privide evidense "that your partner" is able to adequately maintain you and any dependents in the UK without recourse to public funds. Why after 5 years am I alone expected to provide the funding for my wife who herself is earning. Why doesn't it specify jointly support the applicant? My didvidend income exceeds wmy earned income but there is no questions about dividend income. I changed the company financial year to January to December so that at the end of 2017 I can have all the company accounts done and finished for a May ILR application. Seems that I needn't have bothered.

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3 hours ago, Trevor1809 said:

Took a look at the form yesterday.  Q 9.13 asks how long the applicant has lived in the UK then asks about periods of absence from the UK in that time..................

Whilst there is no specified maximum time allowed out of the UK whilst qualifying for ILR, applicants do need to show that the UK is their primary residence and has been for the entire period. So all absences should be disclosed.

 

The relevant part of Q. 9.13 says "Please provide details of all periods of absence from the UK during that time" (my emphasis).

 

The declaration the applicant signs includes "The information I have given in this form is complete and is true to the best of my knowledge" (my emphasis).

 

So you wife should list all her absences from the UK. If there is not room on the form then list them on a separate sheet and make a note on the form that this is what has been done.

 

3 hours ago, Trevor1809 said:

Also I assumed that the £18600 earnings rule appplied. Is that not the case?.................

The financial requirement does, or to be accurate; will, apply to ILR as a partner applicants.

 

I say 'will' because it was introduced for all those who made their initial  partner settlement visa applications on or after 9th July 2012. At the same time the residential qualification for ILR as a partner was increased from 2 years to 5.

 

Knowing that, it is obvious that anyone who applied after the rules change will not yet be qualified for ILR and wont be until July 2017 at the earliest. So the current SET(M) form is only applicable for those who made their initial visa application before July 2012 and so come under the old rules and therefore do not have to meet the financial requirement but instead show that they can adequately support and accommodate themselves without recourse to public funds.

 

This is all made clear in the second and third paragraphs on the very first page of the form

Quote

You should only use this form if your previous grant of leave was made under Part 8 of the Immigration Rules. If you made your first application under the family route on or after 9 July 2012, and your visa or leave was issued for 30 or 33 months, then you should apply for a further period of limited leave before you can apply for settlement. If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you have not had leave under one of these categories and apply using this form you will be refused indefinite leave to remain under the Immigration Rules.

(my emphasis)

 

UKVI forms are regularly updated (the current SET(M) is dated 04/2017) so I expect that a new form with the financial requirement on it will be available from July 2017.

 

3 hours ago, Trevor1809 said:

Why after 5 years am I alone expected to provide the funding for my wife who herself is earning.

You are not.

 

Although if meeting the financial requirement through earned income, in whole or in part, for the initial visa only the sponsor's can be used; for both FLR and ILR the earned income can be the applicant's, the sponsor's or a combination of both.

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BANGKOK 27 April 2017 00:38
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