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Immigration advice

5 replies

Sleepingstarsmommy · 04/01/2014 14:35

Just in the process of applying for my husbands indefinite leave to remain and I understand that this requires us to prove an income of £18600 a year. Our income falls just short of this but we do have significant savings. Will this be taken into account?? Many thanks.

OP posts:
Daykin · 04/01/2014 14:48

You take away your income from 18600, times it by 2.5 and add £16000

i.e. if your income was £14600

2.5 x (18600 - 14600) = 10000

add 16000 to the 10000

= £26000 in savings needed

ladyjulian · 04/01/2014 15:54

Not necessarily. If your husband got 2 years leave to remain as a spouse before 9 July 2012 (when the rules changed) then his ILR application is done under the old rules NOT the new ones, which means you have to show an 'adequate' income but do not have to meet the £18600 requirements.

If he had different leave to remain (e.g. came in under the Points Based System) and you are converting it to an application for further leave as a spouse then you would need to meet the new rules.

Sleepingstarsmommy · 04/01/2014 17:59

Thanks so much for the replies. I am getting so stressed.

He got his 2 years spouse visa in dec 2011. He has passed his life in uk (which I think is ridiculous as it just basically a memory test and does not show how well a person will integrate but thats another story) and English test.

So we just have to show adequate income? For example we are living rent free with my elderly disabled mom as I am her main carer. Will this be taken into account?

OP posts:
ladyjulian · 04/01/2014 23:05

Yes, all you need to do is meet para 287 of the Rules (the same thing as before + Life in UK). 'Adequate' income and 'adequate' accommodation.

No need to meet the new Appendix FM rules and the specified income level.

Living with your mom is fine as long as there is room for you i.e. it is not statutorily overcrowded. If your mother owns the property you will need proof of that plus a letter from her confirming she is happy for your DH to live there; if she rents then a letter from the landlord / local authority confirming that DH is permitted to live there and it is not overcrowded.

Income - 6 months payslips / bank statements. Show the savings as well, it can't hurt!

Chunderella · 05/01/2014 21:55

This reply has been deleted

Message withdrawn at poster's request.

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