Help With Ilr

[pikwik]

Hello Forum members,

First of all, thank you all for the invaluable advice that I have obtained on this website.

I am in abit of a desperate situation and I need some wisdom from the members. Some background information - My wife has obtained an UK settlement visa in early 2009 & has passed her UK life test. Due to the economic downturn & personal family health circumstances I have had to take care of a baby & elderly parent. My wife currently works on a minimum wage to keep costs down. I have been an IT contractor prior to being a full time carer. My problem is that I am the sponsor of my wife's ILR, which I have to show evidence of my income. I am concerned that due to the large gap between working and if I do not secure a position prior to the application of ILR that she will be booted out of the country. I have attended many interviews over the last 15 months, but with no success. Prior to this, I have been in work for over a decade. Any advice would be much appreciated.

[yeesipha]

PM sent

[potter09]

Hope the following would put your mind at ease:

"MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds."

click on link below for further details:

http://www.ukvisas.g...dation#22870878

Edited November 6, 2010 by potter09

[vinny]

Section 1 - Spouses:

4.6. Maintenance and accommodation

As with granting leave to remain (paragraph 3.5 above refers), indefinite leave to remain is rarely refused on maintenance and accommodation grounds - either on their own or in combination with other grounds. To ensure a consistent approach across UK Border Agency, maintenance and accommodation should be included in the grounds for refusal only with the agreement of an SEO or above.

Edited November 7, 2010 by vinny

[pikwik]

Hope the following would put your mind at ease:

"MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds."

click on link below for further details:

http://www.ukvisas.g...dation#22870878

Thank you so much for the information. It has put taken a great deal of stress off me.

[pikwik]

Section 1 - Spouses:

4.6. Maintenance and accommodation

As with granting leave to remain (paragraph 3.5 above refers), indefinite leave to remain is rarely refused on maintenance and accommodation grounds - either on their own or in combination with other grounds. To ensure a consistent approach across UK Border Agency, maintenance and accommodation should be included in the grounds for refusal only with the agreement of an SEO or above.

Thanks Vinny for the highlighted paragraph. Once again to the forum members who replied. Thank you for your advice and wisdom.