ILR UK Finances

[baannambua]

Hi guys. My wife first came here in 2010 on a settlement visa. After 2 years she applied for FLR which is due to run out in August.

I'm a bit confused about the new rules regarding my salary. Do I need to show that I earn over 22,000 a year as we have a daughter together? This is a new rule that came into play after her initial visa was granted so I'm not sure if this applies or not?

Also they ask for 3 months bank statements but for the last 9 months or so I have been pretty much living out of my authorised overdraft. I have a regular income getting payed every 2 weeks but by the time all my direct debits come out I'm overdrawn again.

The only thing we claim for is Child benefit and she has never used public funds. Over the past 12 months I have payed out alot toward re-training so the time off work and the £1000s towards the courses has obviously had an affect of my bank account.

We don't struggle though as we live in a house my Mother owns rent free for the time being. Could anyone tell me how they will view my living out of my overdraft? She will be applying for ILR using the premium service in Liverpool and she has all correct documents.

Thanks for any help.

[theoldgit]

If the child is yours, and thus a British Citizen, the figure remains at £18,600.

I cannot help with your other questions, but I believe that the current system works on income not affordability, maybe someone else will clarify this.

[7by7]

As your wife's initial settlement visa was applied for prior to 9/7/12 she comes under the old rules for ILR.

This means that there is no set income required; but you will need to show that she can be supported and accommodated without recourse to public funds.

Overdrafts are not a problem; provided it is agreed with the bank and being serviced to their satisfaction. I'd advise, if possible, getting a letter from your bank confirming this.

I'd also provide a letter from your mother confirming that you live rent free in a property which she owns; with evidence that she does own it if possible.

I trust that your child benefit payments are in your name; you can claim it, she can't until she has ILR.

If you are receiving tax credits, HMRC rules say that these must be claimed jointly by spouses; so she can be included in a joint claim with you.

[baannambua]

Thanks for the replies. I do claim child benefit alone due to the rules of her visa. Child tax credits are claimed as a couple for the reasons you stated above.

On the application it has a blank page giving the opportunity to detail any concerns you may have regarding the visa. I have my bank statments,mothers bank statments,proof of her owning the house we live in etc.

Should I write a brief explanation over my concerns with my overdraft but on my wifes behalf obviously as the application is for her. I was thinking of explaibing exactly why I have been overdrawn and to re assure that we have no need for public funds. Or just leave it blank so as not to highlight or make a big deal about it?

Thanks again.

[7by7]

As long as you have confirmation from your bank that they are happy with the arrangement, I don't see the need for you to go into more detail.

But an explanation, especially as you say it's mainly to pay for retraining which will, I assume, lead to a higher paid job, wont hurt.