FLR/ILR financial/maintenance requirements -old rules

[thomasteve]

Could anyone please clarify these requirements as they seem to be a little vague on the UKBA website :

"The Immigration Rules require that an applicant and their sponsor must provide evidence that they are able to maintain themselves and any dependants without recourse to public funds.

To meet the maintenance requirement evidence must be provided that demonstrates:
sufficient independent means;
employment for one or both of the parties; and
sufficient prospects of employment for one or both parties."

As I am currently unemployed, will a FLR or ILR application be refused or will I meet the requirements by showing 'sufficient prospects of employment' ?

Also, how much in savings would be a minimum to show to satisfy the requirement for FLR (or ILR if different) ?

Edited June 26, 2013 by thomasteve

[thomasteve]

One other query re. FLR : is this still for 2 years or is it now 3 years (if an 'old' rules application)

[7by7]

The financial requirement for all stages under the old rules (initial visa, FLR, ILR) was that the applicant(s) can be supported in the UK without recourse to public funds.

The sponsor is allowed to claim public funds, but cannot claim any extra due to their foreign spouse/partner/family member living with them. The exception being tax credits which have to be claimed jointly by a husband and wife.

Both the sponsor's and the applicant's income will be taken into account, as will any savings they may have.

There is no actual set limit in the rules, but various court rulings have deemed it inappropriate for an immigrant family to live in the UK with an income less than the income support level for a family of the same size; currently about £115 per week plus housing costs for a couple.

Employment prospects can be taken into account, but these should be fairly definite, not a vague hope of finding a job soon.

Under the old rules FLR was valid for 24 months, and still is for all those who come under the old rules.

Remember that the language requirement for ILR changes from 28th October 2013.

[bobrussell]

If your wife is in Thailand and the settlement application is being made now it will come under the new rules not the old. Perhaps I am missing something!

[thomasteve]

Thanks for the information. Wife already in UK.

We may consider using the ESOL with citizenship course/certificate option before it closes in October.

[7by7]

Remember, if she applies for ILR on or after 28th October an ESOL with citizenship course will not satisfy the language requirement. From that date the only way to do so will be a LitUK test pass and a B1 or equivalent pass in English speaking and listening.

So if she wants to use an ESOL with citizenship course she must apply before that date.

Which may be difficult as most colleges offering such courses will soon be closing for the summer!

[thomasteve]

Thanks for the reminder 7 by 7 but as I'm sure you are aware there are many private 'colleges' (especially in the main UK cities) continuing to offer crash-courses to get the necessary certificate. Some even advertise a guaranteed pass ?!!

As long as the certificate they issue is genuine, and from an accredited examining body as per the UKBA list, then it should satisfy the requirement ?

Presumably many of these colleges will not be around after October......

Edited June 27, 2013 by thomasteve

[malct]

Regarding the money side of things, I was unemployed for a while and i was on JSA at £70.70p and i managed to found a part time driving job which will give me between £108 to £150+ a week, So with 7by7 saying that various court rulings have deemed it inappropriate the income support level to be £115, so this week's pay was £108 for the first time which is lower that what they think is low by £7, But i don't think this will be a issue because we have savings and i cant claim any kind of benefit. still trying to find the wife a part time job, But not much in the line of Jobs for her.

​My wife received a email yesterday saying that she passed her ESOL with citizenship course and she did reading as a extra which she passed , so we are ok on that, just waiting for the certificates and the letter to come.

Good luck thomasteve

[thomasteve]

The financial requirements under the old rules are a lot less stringent than the new rules and they have previously approved FLR for us when I supplied only savings details.

I haven't claimed any benefits so far though - not that it should affect their decision.

The Esol route seems to be the best option (while it's still available) rather than possible repeated attempts at KOL testing.

However that will have to be done for the final hurdle of naturalisation/citizenship.

Chok dee Malct

[7by7]

Thanks for the reminder 7 by 7 but as I'm sure you are aware there are many private 'colleges' (especially in the main UK cities) continuing to offer crash-courses to get the necessary certificate. Some even advertise a guaranteed pass ?!!

As long as the certificate they issue is genuine, and from an accredited examining body as per the UKBA list, then it should satisfy the requirement ?

Presumably many of these colleges will not be around after October......

From ESOL and citizenship course on this page

The course must be at an accredited college, and must include citizenship materials derived from the document 'Citizenship Materials for ESOL Learners' (ISBN: 1-84478-5424).

You must obtain a relevant ESOL qualification from an approved awarding body, and you must demonstrate that you have made relevant progress.

An 'accredited college' is:

a publicly funded college that is subject to inspection by Ofsted (if it is in England), the Education and Training Inspectorate (Northern Ireland), HM Inspectorate of Education (Scotland), Estyn (Wales); or an inspection programme that has been approved by the Island's Government (in the Channel Islands or Isle of Man): or

a private college that has been accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).

How many of these private colleges offering crash courses and guaranteeing a certificate are accredited, I wonder.

[thomasteve]

They must be acceptable to the UKBA otherwise they wouldn't still be operating as they'd have lots of angry students returning with failed applications ?

Their websites do seem to indicate it's almost a rubber-stamp exercise with courses available over just a few days or a weekend.

20 hours is supposed to be the minimum course study time.

[7by7]

Up to you, but I'd check their accreditation before parting with any money.

From the above page

You should check with your college to ensure that it is accredited as described above, and that the course meets all of the above requirements. If your college is not accredited, or if the course does not meet all of the above requirements, your application will be refused. Your college should provide a letter confirming that the relevant criteria are met. We have drafted a template of the letter (PDF 27KB opens in a new window) which you can use. The college should also provide evidence to show how it meets the definition of an accredited college.

Caveat emptor.

[thomasteve]

Up to you, but I'd check their accreditation before parting with any money.

From the above page

You should check with your college to ensure that it is accredited as described above, and that the course meets all of the above requirements. If your college is not accredited, or if the course does not meet all of the above requirements, your application will be refused. Your college should provide a letter confirming that the relevant criteria are met. We have drafted a template of the letter (PDF 27KB opens in a new window) which you can use. The college should also provide evidence to show how it meets the definition of an accredited college.

Caveat emptor.

Yes, it is as always a case of buyer beware.

Maybe the requirement for the college itself to be accredited is a more recent requirement that they may not comply with as previously I recall it was only the certificate which had to be from an accredited issuer ? - which most of them do now make a point of mentioning in their advertising.