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Topic: Urgent bothering questions on Indefinite Leave to Remain, please advice  (Read 4618 times)

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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.

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There isn't a financial requirement for IRL SET(M), the only financial requirement, as such, is that you don't claim the benefits you are not supposed to claim.

I think there issue is whether or not you are in a subsisting relationship with your spouse.

I think you are the first case in a long time of someone being sent away from a one day appointment without an answer. There is no timeline for these things.

Hopefully you will hear something soon!
August 2008 - Tier 4 - Student Visa
February 2010 - Tier 1 - PSW
January 2012 - FLR(M)
June 2014 - ILR (finally!)

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As Panda said, there is no financial requirement for ILR.  As long as you haven't accessed public funds, you pass the financial requirement.  Three months of bank statements was a requirement to provide with the application so they are being kind in allowing you to submit those after the appointment instead of an immediate refusal for not having them at the appointment.

But you are required to live together, unless there are exceptional circumstances.  This seems to be their concern. 

It's only been three days since they received your additional documents...  It'll probably be a couple of weeks before you hear anything.  The application will still be treated as priority but as your case was not straight forward and you didn't provide all the required documents, you didn't get a decision on the day.

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Thank you guys for your forthright thoughts. But to clarify few things so you could properly advice me. I do not disagree that the issue of subsisting relationship was a matter of grave concern to them.
However, on the day of the appointment, i arrived there with my partner and we were both interviewed separately. After the interview, they found no discrepancies and if their thinking was much dependent on subsisting relationship wouldn't they have ask us to furnished them with further evidence of our relationship or tell us that they are still not convinced?
Also, since at least the interview gave them the opportunity to ask all relevant questions regarding our relationship, if something was still unclear, doubtful and inconsistent, as a results of our interviews, wouldn't my application have been refused on the same day on that bases?
To be fair, I highly think, the case worker and the senior case worker who interviewed us were clear in their minds about our relationship. They were also able to illicit from my partner and myself that our separation is a necessity as a results of work and we do of course have strong ties.
However if i may ask, have you guys seen or heard any applicant been refused of ILR because the applicant is living separately from the partner because of work which is fully established with all the demonstrable evidence? In my case, is my partner who pays my weekends travel back home and also have paid my full rent at where i work until June 23rd, all these evidence we showed them. We were also able to demonstrate that if i should find work at my partner's area or locality, i will move back straight away and my partner made it clear, is finding work for me in his local area that will enable the two of us manage our affairs properly because supporting me and my two dependents with me without work is something that he cannot afford and this is why is important i keep working till he is able to find me something local before i move.
Initially, i have only been concern about the issue of adequate funds but as you have pointed out that ILR doesn't require full scale financial requirement, then perhaps, the delay is more of administrative and procedure.

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Are you and your dependents US citizens? If not, which passport do you hold?

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Thanks very much, i came on a spouse visa from Ghana in Africa. To give you more information, visa valid from April 26, 2012 to July 26, 2014. I entered UK on June 1st, 2012. I applied for my ILR on May 6th, 2014. Thank you

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    • Notes from the U.K.
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My partner and I had to appeal when our request to renew our visa was rejected. If you're turned down and you can possibly afford it, get a lawyer--an expert in immigration law. (The first lawyer we found specialized in immigration law but knew next to nothing. Basically, she worked for a legal mill, churning out papers. She mis-advised us and was useless. Hold out for a real expert.) At our hearing, the Home Office didn't even bother to defend its rejection. I think they use the appeals process as a way to filter people out, because some people will be too discouraged to appeal, or won't be able to afford it, and will leave the country without putting up a fight. They're playing a numbers game, and it's worth fighting them.

You may have many grounds for an appeal if you're turned down, but one powerful one is EU law: If you've established a family life here and leaving the country would disrupt it, you may have the right to stay. So one of the things to think about is the family connection you--and your dependents--have established.

If you want to read a bit about our appeal, it's at http://notesfromtheuk.com/2014/06/02/fighting-to-stay/. [nofollow] It's not a legal briefing, but a wry tale about our experience.

Wishing you the very best of luck.
Blogging at notesfromtheuk.com.

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