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Ilr Clarification

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Hello,

As my wife still has eight months until she applies for ILR we're trying to find out exactly what we need now so that we have time to make any necessary changes. We'd be very grateful if anybody in the know can offer any assistance?

We have very little correspondence addressed to us jointly although a fair amount of stuff addressed to our current and former addresses individually. Will this pose any problem?

'Evidence of being able to support herself' - my wife doesn't work as she looks after our baby son (born here). Does this mean that my finances are looked into or do I need to pay money into her account each month? It also appears that only my current account statements are requested therefore any debt on credit cards does not need to be disclosed?

We currently rent a one bedroom apartment and whilst we wish to move to a 2 bedroom place, this may not happen prior to the ILR application. Given that we have a child (18 months old at that time), could this bear any weight on the decision to grant her ILR?

Many many thanks in advance for your advice.

Correspondence addressed separately is fine as long as it resolves to the same address.

There is no requirement for your wife to be in employment and the BIA will then assess the maintenance requirement based on your earnings.

Providing that there are two habitable rooms in your flat (one bedroom and a living room), this will be sufficinet to meet the accommodation requirement.

What you have failed to mention, though, is whether your wife has either passed an ESOL with Citizenship course or the Life in the UK test. Without either of these she will not qualify for indefinite leave, irrespective of whether she meets the other criteria.

Scouse.

  • Author

Hi Scouse,

You are an absolute legend (as always). If you're ever down in London then PM me and I'll buy you a pint.

My wife did her Life in The UK before Xmas and made me a very proud man as she managed to cram her study into one week whilst looking after our baby boy.

Are there any criteria for what level of monthly diposable income is deemed to be sufficient or is it more simply a measure of monthly net pay with little/no focus on monthly outgoings?

Thank you

Generally speaking, if your combined income, less your accommodation cost (rent/mortgage) and financial committments (loans/credit cards etc), is above what you would receive on income support, then that is sufficient to meet the criterion.

If you can afford to take me out drinking for the evening, you must be very wealthy, anyway.

Scouse.

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