I submitted an application for ILR for myself and two dependents on Tuesday 06/5/2014 on the premium application bases in Cardiff and despite enclosing my partner's bank statement, ironically, the ECO asked that i submit sources of my partner's income and the last three months bank statement. I pointed out to the ECO the bank statement of my partner is already enclosed. He then said, that's fine and should proceed to submit the other income sources for the determination of my case.
Background of the case.
I move here on a spouse visa two years ago on June 1st, 2012 and have an established relationship with my partner. In February 2013 as a results of work, i was forced to move to live in Chesterfield from Dinas Powys (South Glamorgan) Cardiff area and have worked full time here. My partner has financially and materially supported me and never been recourse to public funds and with no unspent conviction nor any immigration breaches. My partner pays for all my weekend visits whenever i have to go home and I stated this clear in the application form. My current rental accommodation in Chesterfield is all paid for by my partner until June 23. All my correspondence goes to my partner's address and submitted over 13 documents addressed to me and over 5 documents addressed to both my partner and myself to my partner's address including 6 documents to partner alone.
On the day of the appointment, I went with my dependents and partner and spent nearly 5 hours. My partner and I were interviewed separately, something none of us anticipated by the ECO and his supervisor and answered over 65 demanding and ranging questions. Once my partner finished the interview, i was called back again to clarify few things with my partner and we both clarified as they wanted from us. At the end of the interview, we were handed the interview records and when i read, it came up that my partner and i had about 98% confirm or correctly answered to the questions to confirm indeed, that we are truly in subsisting and genuine relationship. Before my interview, I was told our answers (my partner and myself) to the interview could results either to my ILR been refused or granted but should I be refused, my remaining leave (valid until July 26th) will be curtailed or cancelled and will be serve with a removal order of which i agreed.
After all these difficulties all the home office did was asking my partner in a form of Official referenced letter to submit his income details in the form of Bank Statement and other sources of his income to show he is able to support me and my two dependents without recourse to public funds. For clarification, I do know, my application for ILR do not fall into the financial requirement (Appendix FM) but rather Part 8 of the immigration which is ''Adequate Funds Requirement''. We immediately on arrival home sent back the documents they have asked for by recorded delivery and arrived at the PEO in Cardiff on Thursday 08/5/2014.
Unfortunately, we have still yet to hear anything about it and have been wondering whether if there is any potential danger of refusing my application that's why possible, it has taken them days or what?
My questions are:
1. In calculating income to the family, would the home office factor my earnings to that of my partner's income of around £30,0000 annually to be as one unit coming to our family though we live at different addresses presently? For clarification, all my correspondences are addressed to my partner's address and none to my rented address.
2. If the home office accepts (which I do think yes) that by June 23rd, 2014 I am ending my work and moving back to my partner's home address with two kids, would my partner's annual income of around £15000 be sufficient or adequate enough to meet the requirements for Indefinite Leave to Remain with three dependent's? My partner owns his house outright without rent?
3. How much money is required to be submitted as income for an application of ILR for one adult and two dependents when the application is made on SET (M) under Part 8 of the immigration rule?
4. Is there any clear criteria setting out income earnings for application of ILR comparative to acquiring Spouse or Civil Partnership visa or you just have to show you have some form of income and no strict rule for income in an application for ILR
5. In a situation like this, how soon is it expected for the home office to finish the application considering i have paid for premium services and all necessary formalities done in terms of looking into my application and interviewing myself and partner?
6. Is is highly likely the application could be refused despite all these?
Thanks you all for your advance replies which i urgently await.