Perth

Yes, thank goodness for that.

larrabee

Absolutely!
That's why I was wondering if the case in point, ie a sponsor in a genuine relationship but employed otherwise than physically in the UK, was actually documented in the rules anywhere. If not, then surely the decision becomes discretionary on the part of the ECO. And to take that ball and run with it, if the goal is to reduce immigration then the refusal would surely be more likely than not?

rebeccajo

I tend to think not.

I really think the only thing they (UKBA) care about is the money.

If the applicant can show the money or savings, then the case will be approved.

gailc

True - as long as you are receiving the full amount - hubby is, me not
I suppose though, under the circumstances, you would need half the amount needed. We just about come up with enough.
Whole thing is ridiculous having to keep it all in the bank for 5 years or whatever. Could be dead by then.
That is alright if you are younger, but age does need to be taken into consideration I think as far as the bank thing.

larrabee

No, just 6 months! You still need the whole amount though, but both of your pensions qualify, not just that of the sponsor.

larrabee

An interesting perspective but not one that I share.
I believe that all of the requirements are taken into consideration when a decision is made. For example, in this thread, http://britishexpats.com/forum/showthread.php?t=792478
there was no mention of not meeting the financial requirements in the notice of refusal.

gailc

After 6 months you can use the money - thought it was 5 years or something - then you can use half of it.
Yes, I know both pensions qualify towards the whole amount

larrabee

I'm sorry, I misunderstood you.
I was referring to the fact that you have to have held the money in your control for the 6 months prior to the initial visa application (this is true also for the 6 months prior to the application for the subsequent 2 visas.)

The exact requirements at the initial entry clearance, FLR and ILR stages can be found here on page 37.

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Perth

Gail, you have to keep the full amount for 2.5 years to show for the 2nd application. Then you only need 1/2 of it, which you must then have for the 3rd, and final, application.

rebeccajo

But we don't know how well the application was put together, do we?

It's pretty clear that the OP in that thread didn't document their return well.

My contention is that, all other things meeting the Home Office criteria, the British citizen should be able to work a "different" kind of job and still qualify as sponsor.

They've tried to pigeon hole people and it just doesn't work. They've already made a tiny relaxation in the savings requirements (ie 6 months verifiable proof of liquid cash). And they did that because certifiably wealthy people were getting denied. The same will apply to employment. Not everyone works 9 to 5 and goes home at the end of the day.

What is the difference between seaman who works 3 weeks on and 3 weeks off, and someone who works outside the country? Because he's working in UK waters? But the rules don't stipulate that employment has to be in the UK - and that is what idollard was trying to tell everyone. The rules says the employment must be lawful - that's really all it says.

gailc

Thanks for the link

garfro

Hi all looking for some clarification here, me UkUs citizen, wife of 25 years US citizen, we got spouse visa before new rules and visa is ILE with KOL req
Been back since August 2012
Couple of questions
Planning to take Life in Uk test soon,can we apply for ILR before ILE expires as we have KOL req?
If so which form (SET M)?
Also have had hard time finding full time work since back is that going to cause a problem?
Lastly,does the time her on ILE count toward UK citizenship?
Thanks in advance

Garth

roaringmouse

Your wife can apply for Indefinite Leave as soon as she has a pass certificate from the Life in the UK test. She has been studying the 3rd edition of the book that was released this year? Yes. Depends on your situation e.g. income, savings, housing costs etc. It's unlikely to be an instant fail by itself and the financial requirements under the old rules (which apply in the case of your wife) are less rigid than for the current rules. This may seem like semantics, but she doesn't actually have ILE at the moment. This term has been used quite a bit with the KOL Req endorsement, however it is still a temporary visa that allows for ILR to be obtained sooner. ILE (Indefinite Leave to Enter) is effectively the same as ILR (Indefinite Leave to Remain), except it was applied for outside the UK.

That aside, yes her time since August will count towards citizenship - meaning under current rules that your wife could apply in August 2015 depending on all criteria like time outside the UK etc. Same time as my wife actually, although she did get ILE before we entered as she had passed the test the last time we lived in the UK, in 2007.

pennylessinindia

As the only requirement is to pass Life in UK there is no income requirement

roaringmouse

I disagree - the Immigration Directorate Instructions (page 7) only says that such applicants do not need to complete two years probationary leave before applying for indefinite leave. It does not say that any other requirements are waived.