Applying For Llr And Self Employed In The Uk Plus Wife'S Earnings

[malct]

Hi All

How difficult is it for self employed people to show earnings when applying for IIR.

Regarding myself, I am not sure how secure my job is and i do have a few ideas about starting up a Business if i did loose my Job.

If i was to start up a business in April 2013 and My wife's spouse visa expires on the 2nd Jan 2014, How could i prove to the UKBA that i was able to support my wife when i was just starting a new business.

Finally, If my wife was earning a wage, Could this be shown has income when applying for IIR.

Best Regards

Malc

[bobrussell]

The new rules are pretty tough if you are self-employed. You have to demonstrate that the sponsor has met the minimum income levels over the last two years.

Category G: Self-employment (last two financial years)

161.

The sponsor and/or the applicant (if they are in the UK with permission to work) is in self-employment at the point of application and as an average of the last two full financial years received self-employment and other income (salaried, specified non-employment and pension) sufficient to meet the financial requirement applicable to the application.

If you are starting a new business it seems unlikely that you will be able to demonstrate you would be able to support your wife under the new rules.

It also says the sponsor and/or the applicant together must demonstrate this so her income can be included.

The above is a summary taken from the statement of intent document. I cannot find the detailed guidance document for UKBA staff but it is a nightmare! For some reason the link to the draft guidance notes on the UKBA website does not work for me!

If you wife has a settlement visa issued before the 9th July 2012 you have much lower figures to prove (roughly income support levels) for her to be granted ILR.

[malct]

Thank you for your reply

seems like i will have to carry on working for the next 16 months and just show the salary that i am on at the minute.

Working 12 hour shifts which includes nights and weekend, I could really do with a change of Job, So i am looking at my options.

Its bad news regarding wanting to set up in business but i will have to wait and see what the future Holds.

Regarding the ILR, What happens after that, what process do with go through? Is it Citizenship? or applying for another ILR? even though we have checked the UKBA Web sites, Its still hard to find out all the stuff you need to know.

Malc

[steve187]

ILR is the end of the road, but as you and your wife have jumped through a lot of hoops, its in my opinion worth the money to get citizenship, as the knowledge has already been satisfied for the ILR.

ILR lets her remain indefinitely, but should she leave the uk for a period of 14/15 monthsor more, she will more than likely be refused re-entry.

[malct]

That's great news Steve, So after we apply for the ILR and if its granted , then i am free to do what i like and earn less than the required amount. I am suppose to be retiring in 4 years at the age of 55, But just finding my job is getting on top of me.

Regarding the £18600, Some people don't need that much if they don't have a mortgage and other bills, So i would rather earn less money and be more healthy and happier in life.

Malc

[7by7]

If you wife has a settlement visa issued before the 9th July 2012 you have much lower figures to prove (roughly income support levels) for her to be granted ILR.

Before those still awaiting their initial visa decision start to panic, it should be stressed that this is not strictly correct. It is not the date the visa was issued that counts, it's the date you applied for it.

malct, your wife obviously applied for her initial settlement visa before 9/7/12, so she will come under the old rules.

This means that there is no minimum income requirement she has to meet, but you and she do have to show that you can support yourselves without recourse to public funds; except any which you personally are claiming in your own right and certain exceptions such as tax credits and child benefit.

If you look at Section 10 of form SET(M) where it lists the required documents you will see that under 'Your Finances' it says

Evidence of your finances

. Bank statements, building society savings books, pay slips or other formal documents

as evidence of your and your partner’s ability to maintain and accommodate yourselves and any dependants without

recourse to public funds

So you do not need to provide evidence of your income at all, bank statements will suffice. Your wife's income/finances will also be taken into account.

Remember that as she will be applying for ILR after October 2013 then an ESOL with citizenship course will no longer be acceptable evidence of meeting the life and language in the UK requirement.

If applying for ILR from October 2013 she must have

• Passed the Life in the UK test. and
  
• Obtained level B1 of the CEFR in speaking and listening, or better
  

The UKBA have yet to publish a list of approved providers for the B1 test.

[malct]

since my wife can apply 28 days Before 2nd Oct 2013 and can apply on the 4th September under the old rules and Can she apply with obtaining the ESOLwith citizenship course and not the Life in the UK?

[7by7]

If she applies before 1/12/10 then yes, an ESOL with citizenship course will be acceptable.

[malct]

Is that the correct Date? 1/12/10

[7by7]

Sorry, slip of the finger.

The date is, of course, 1/10/13.

Or is it? The information published so far merely says 'October 2013.'

[malct]

Thank you for your reply.

So all going well, and we apply for ILR on the 4th September, She only needs ESOL.

Looks like we will have to make sure that we are organised with the paperwork by then , Unless they change the dates.

Malc

[bobrussell]

Sorry slip of my English - visas applied for before 9th July 2012.

I must read my posts more carefully before I click post.

[malct]

I have just spent over an hour trying to find the correct form that my wife will have to fill in when we apply for her ILR Next year!!! I know its early days, but i am making sure that we have everything covered, so no issues will arise.

I Printed off SETM version 07/2012, Is this the correct form for people who arrived in the UK Oct 2011

By reading the application forms , It states that my wife needs 6 items Bills/Bank statements in her name or joint names which at this point we don't have , So i have just put the TV Licence into my wife's name also i have found out that she needs to go for her Biometric Residence Permit but confused about this!!! Does she have to go for her Biometric readings before applying for her ILR or after. I read that the UKBA sends out a application form and reference number so not sure which is correct

Most things on the SetM seems straight forward if this is the correct document. Also will this application be done on line in the near future.

I have to say that the UKBA web site is hell to find out the correct information, pleased that i am looking now.

Malc

[7by7]

It can be confusing because the UKBA refer to ILR as settlement.

It's not difficult to find; go to the UKBA home page, click on Visas and immigration, then on Settling in the UK, then How to apply which lists and explains the various types of application and forms from which you choose the correct one and click on the appropriate link.

Which in your wife's case will be Completing application form SET(M)

That page has links to the various bits of other information you may need, including information on the Biometric Residence Permit, as well as to the application form.

The application form gives examples of the type of documents required.

I have not heard anything about online applications for ILR.

As you already have a topic running on your wife's ILR application I am merging this with that. Please do not start a new topic every time you have a question.

Edit:

You can follow a different route by clicking Partners and families, which will bring you to this page; which gives the same information as the above link; which will doubtless be changed to reflect the new rules in due course.

Edited August 3, 2012 by 7by7

[sanook2me]

I have just spent over an hour trying to find the correct form that my wife will have to fill in when we apply for her ILR Next year!!! I know its early days, but i am making sure that we have everything covered, so no issues will arise.

I Printed off SETM version 07/2012, Is this the correct form for people who arrived in the UK Oct 2011

By reading the application forms , It states that my wife needs 6 items Bills/Bank statements in her name or joint names which at this point we don't have , So i have just put the TV Licence into my wife's name also i have found out that she needs to go for her Biometric Residence Permit but confused about this!!! Does she have to go for her Biometric readings before applying for her ILR or after. I read that the UKBA sends out a application form and reference number so not sure which is correct

Most things on the SetM seems straight forward if this is the correct document. Also will this application be done on line in the near future.

I have to say that the UKBA web site is hell to find out the correct information, pleased that i am looking now.

Malc

Hi all,

We are in the same position as you applying for settlement at the end of September and I am a little confused about biometrics.

Am I correct in my understanding. We send off the settlement SETM form (without biometric section completed) and then the UKBA send back the biometric letter which we then have 15 days to complete at a post office..

Thanks in advance to 7by7 (you always answer questions but i don't like to post a thank you as the topic goes back to top for no real reason.)

So big thanks beforehand to you and anyone else for their help its very very much appreciated.

[malct]

Does anyone know the best person to contact or agency regarding starting up a business and having to show proof on us been able to support each other.

if i get paid off in the next 6 months, then i would be in a worse position if i cant find a Job, So going down the self employed would be the better option, Least i would get a income and not £71 Job seekers allowance.

[Basil B]

Business Link, http://www.businesslink.gov.uk/bdotg/action/home

Plenty of reading material, not that much practical help though.

If you are going self employed you need to know what you want to do and research it, you could buy a franchise if there is anything you may be interested in, but be careful as there are a lot sharks out there and it is totally unregulated.

The only thing legally you need to do is register with the Inland Revenue as self-employed, would not do this until you are ready to start trading otherwise you may miss out on some benefits, if you are out of work for some time you you may be able to get a business grant, best check with you local job center and business link to see whats available.

[7by7]

Am I correct in my understanding. We send off the settlement SETM form (without biometric section completed) and then the UKBA send back the biometric letter which we then have 15 days to complete at a post office..

You must complete the biometric section, ticking the relevant boxes if you have not had one before.

If you apply by post you will be sent a form to take to a post office offering the service. If you apply in person they will do it then.

See Biometric information and biometric residence permits.

Edit, just noticed the date of your post; apologies for the delay in replying, I'm not as active at the moment as I was.

Edited September 26, 2012 by 7by7

[malct]

Hi All

i have a good business Plan that would allow both myself and the wife to make some decent money and we are booked in to get advice from http://www.waysintosuccessfulenterprise.org.uk/default.aspx and this will keep us on the right tracks, But it wont help us regarding the LIR

contacting the UKBA is not that easy these days and reading past posts about people who are self employed, It means more work.

Be good to hear comments from anyone who has been down this route who had just started up in Business and their wife is applying for a LIR