Uk Indefinite Leave To Remain - Confused!

[bobrussell]

I thought I knew what is required for my wife and daughter to change from temporary leave to remain to indefinite leave to remain. I have somehow gone to a UKBA page that suggests that in addition to completing SET(M) it is necessary to have biometrics repeated. This also indicates that the applicant and husband, wife or civil partner must be able to support yourselves without recourse to public funds.

This is not an issue with my family as we do not need public funds but my sister-in-laws husband is unemployed and on benefits. Does this mean she can only apply for FLR or have I misunderstood things completely?

I have copied the part here.

Husbands, wives and civil partners

You can apply for permission to live permanently in the UK as a husband, wife or civil partner if:

• you were given permission to enter or remain in the UK as a husband, wife or civil partner, and have completed a period of two years in that category;
• you are still the husband, wife or civil partner of the person specified in your permission to enter or remain, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
• you and your partner both intend to live together permanently as husband and wife or civil partners;
• you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;
• both of you can support yourselves and any dependants without needing public funds; and
• you have enough knowledge of the English language and life in the UK. (This last requirement does not apply if you are aged 65 or over.)

I cannot get back to the page that seems to indicate that a repeat of biometrics is required but it stated that this was to ensure that the applicant was the same as the one that made the original application! I will retrace my steps and try to find it again.

[bobrussell]

It appears that the biometrics may be where people change visa type so hopefully not a problem for us!

[7by7]

Biometrics are not, currently, required for ILR applications.

The Immigration Rules, Paras 287(e)(iv) and (v) say

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds

The same rules apply to FLR applications (Paras 284(vii) and (viii))

However, if the British partner, in this case your sister-in-law's husband, is claiming public funds in his own right this is not a problem, providing he is not claiming, or will not need to claim, any extra benefits due to his wife living with him.

Once she has ILR then she will be able to claim any benefits to which she is entitled, and her husband will be able to claim any extra benefits for her to which he may be entitled.

[bobrussell]

Thank you. This was my original understanding!