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Topic: Getting ILR if my husband is made redundant  (Read 390 times)

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Getting ILR if my husband is made redundant
« on: January 22, 2019, 06:37:19 PM »
Hi. I have a FLR visa valid until the 26th June 2019.
I am planning to apply for ILR 28 days before that.

My husband works at Jaguar Landrover and could potentially be affected by the mass layoffs.
We are wondering what exact evidence we need to meet the financial requirement if he is made redundant?
His salary is well over the minimum requirement for me and our two children.

1.) Would he need to be in current employment with a letter from HR when we apply for ILR?
2.) They are offering a voluntary redundancy package which would be 6 months salary if he were to take it.  Is this an option for us?
I have been a stay-at-home mum and we have two children (both British citizens, hubby is British).

If worse comes to worse, I could probably find a job as a primary school teacher.  I have the qualification and have done this before.

I was just wondering what our options are.  He is considering the voluntary redundancy package, but I am worried it will cause problems for our visa application. The voluntary redundancy would take place the end of February.  Further layoffs are likely to be May, but with a potential 3 months notice period.

Thank you for your help!

Becky Grant


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Re: Getting ILR if my husband is made redundant
« Reply #1 on: January 22, 2019, 06:50:52 PM »
Hi there,

Sorry to hear about his potential redundancy :(.

1.) Would he need to be in current employment with a letter from HR when we apply for ILR?
2.) They are offering a voluntary redundancy package which would be 6 months salary if he were to take it.  Is this an option for us?
I have been a stay-at-home mum and we have two children (both British citizens, hubby is British).

1. If you will be using employment income to meet the financial requirement, either you or he MUST be in current employment, earning at least £18,600 per year, on the date of application.

2. I don't think you would be able to use the 6 months salary from the redundancy package, because you need to show that he will continue to receive at least £18,600 ANNUALLY for the foreseeable future.

However, if either he or you are able to secure a new job, paying at least £18,600 per year, before you apply for ILR, you should be able to meet the financial requirement using Category B, where he or you show a current job, plus total pre-tax earnings of at least £18,600 in the last 12 months.

Quote
If worse comes to worse, I could probably find a job as a primary school teacher.  I have the qualification and have done this before.

This could work, as long as the job pays at least £18,600 per year. You wouldn't be able to meet Category A though, as you would not have been in the job for 6 months, but if you could show that between you, you and your husband have earned at least £18,600 in the 12 months before applying, you could meet Category B.

Alternatively, if you have £62,500 £34,600 or more in savings, which are immediately accessible and you have held them for at least 6 months before applying, you could qualify for the visa using Category D: Cash Savings.

Quote
I was just wondering what our options are.  He is considering the voluntary redundancy package, but I am worried it will cause problems for our visa application. The voluntary redundancy would take place the end of February.  Further layoffs are likely to be May, but with a potential 3 months notice period.

So, your options, if he is made redundant, are:
Category B
- he secures a new job paying at least £18,600 before you apply for the visa, and you use his last 12 months of income too
or
- you secures a new job paying at least £18,600 before you apply for the visa, and you use his last 12 months of income too

Category D:
- if you have £62,500 £34,600 or more in cash savings, you could meet the requirement under Category D.

Edited because I got the savings requirement for ILR wrong (I was thinking of FLR(M)).
« Last Edit: January 22, 2019, 06:55:29 PM by ksand24 »


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Re: Getting ILR if my husband is made redundant
« Reply #2 on: January 22, 2019, 06:53:36 PM »
Hi. I have a FLR visa valid until the 26th June 2019.
I am planning to apply for ILR 28 days before that.

My husband works at Jaguar Landrover and could potentially be affected by the mass layoffs.
We are wondering what exact evidence we need to meet the financial requirement if he is made redundant?
His salary is well over the minimum requirement for me and our two children.

1.) Would he need to be in current employment with a letter from HR when we apply for ILR?
2.) They are offering a voluntary redundancy package which would be 6 months salary if he were to take it.  Is this an option for us?
I have been a stay-at-home mum and we have two children (both British citizens, hubby is British).

If worse comes to worse, I could probably find a job as a primary school teacher.  I have the qualification and have done this before.

I was just wondering what our options are.  He is considering the voluntary redundancy package, but I am worried it will cause problems for our visa application. The voluntary redundancy would take place the end of February.  Further layoffs are likely to be May, but with a potential 3 months notice period.

Thank you for your help!

Becky Grant

When did you arrive in the UK? If you entered on a spouse visa, you are eligible to apply for ILR from 28 days before 5 years in the UK.

Because your children are British, there is nothing added to the financial requirement.

Do you have savings of £ 34,600 that will have been held for 6 months by the time you apply?
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Getting ILR if my husband is made redundant
« Reply #3 on: January 22, 2019, 06:54:32 PM »
Quick question:

What date did you arrive in the UK on your spousal visa? You can apply 28 days before you reach 5 years in the UK, so depending on when you arrived, it might be possible for you to apply before he is made redundant (though, unless you paid for a premium appointment for a fast decision, that could be risky if he loses his job before the visa has been processed.


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Re: Getting ILR if my husband is made redundant
« Reply #4 on: January 22, 2019, 07:06:24 PM »
Thank you for all the help.  I actually arrived the 9 April 2014 so does this mean I could apply mid-March?  That would be good news and we are happy to pay for same day service. Is it still possible to get same day decisions?

We probably could meet the savings requirements if we pool all of our various accounts.  That would be trickier, but it is good to know.  My husband is also talking to some other potential employers, but if we apply by mid-March we may be fine. Thank you again!


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Re: Getting ILR if my husband is made redundant
« Reply #5 on: January 22, 2019, 07:18:35 PM »
Thank you for all the help.  I actually arrived the 9 April 2014 so does this mean I could apply mid-March?  That would be good news and we are happy to pay for same day service. Is it still possible to get same day decisions?

We probably could meet the savings requirements if we pool all of our various accounts.  That would be trickier, but it is good to know.  My husband is also talking to some other potential employers, but if we apply by mid-March we may be fine. Thank you again!

Yes, 28 days before April 9th. They don't have same day decisions any longer but you can use the equivalent service which provides a result within a few days.

For multiple accounts they will calculate your savings using the lowest balance of each account during the 6 month period that you are relying on.
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Getting ILR if my husband is made redundant
« Reply #6 on: January 22, 2019, 07:20:47 PM »
Thank you for all the help.  I actually arrived the 9 April 2014 so does this mean I could apply mid-March?  That would be good news and we are happy to pay for same day service. Is it still possible to get same day decisions?

Yeah, if you arrived 9th April 2014, the earliest you can apply for ILR is 12th March 2019.

They've just changed the premium service system, so it's not a same-day decision anymore, but it's supposed to be a decision within 24 hours. However, some people have waited about 1 week for theirs (though in some cases, their premium fee was refunded due to the processing target not being met).

Quote
We probably could meet the savings requirements if we pool all of our various accounts.  That would be trickier, but it is good to know.  My husband is also talking to some other potential employers, but if we apply by mid-March we may be fine. Thank you again!

The thing with savings is that if they are in savings accounts, you must have held the full £34,600 for a minimum of 6 months before applying. They will only consider the lowest balance in each account over the 6 months, so if these lowest amounts added together are below £34,600, the savings will not qualify.


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