# ILR - Form Set(M) questions



## drummerdave (Nov 1, 2011)

Hi y'all,

I am a US Citizen, about to apply for Indefinite Leave To Remain. I have a few questions and would appreciate any advice or information that anyone has. I obtained my Marriage visa in December 2011, so before the 2012 changes, and my 2 years qualifying period in the UK has just run up. The only area of my application that makes me a little nervous is my finances. I am a self employed, freelance musician, so my bank account looks a little crazy with sporadic income.

1. My main concern is: as a pre 2012 application I understand that I do NOT need to prove my income is over £18,600, but I have found it hard to understand what the criteria actually is. I have read somewhere that I need to meet a maintenance requirement, i.e. having £112.55 left over each week after paying housing cost and council tax. Is that accurate? Is it more if we have one child? And how much more exactly? (How does anyone even know the answer to this question? Where is this information?)

2. Do I need to show bank statements for the entire last two years, or can I just show the last 3-6 months? My wife has not been earning very much in the last two years since the birth of our daughter, is it alright to submit only my bank statements?

3. Our daughter was born here in the UK 2 years ago, soon after I arrived. So she has British citizenship, (actually dual). There doesn't seem to be a way of including or even really acknowledging her on the Form M, because she is not applying with me for residency, she is already a naturalized citizen. Somewhere deep in the addendums of home office website I thought I saw something about how there is a EU directive disallowing the disruption of a child's family life. Anyone know anything about that? Is that true? I mean, in case my finances weren't quite adequate could this insure that I pass? (I am really paranoid about my finances, but they probably aren't that bad). Should I include her passport/birth certificate or a copy thereof? 

4. Also. my wife did take Maternity Allowance and Child Benefit since my arrival despite my nervous protests. She was convinced that these are not considered the public funds the home office is looking for and I couldn't disprove her. Can anyone reassure me that these do not negatively affect our application?

5. We bought a house in the last year. I know that is probably unconventional, and usually one would wait until after settlement was complete before taking such an action, but circumstances of the right house in the right location at the right time presented itself, and we had to take it. The purchase was made possible largely by a substantial gift from family and a private mortgage loan. And in the process we spent all of our savings. Are these circumstance likely to help, hurt or not at all effect our case?

6. It's almost definitely worth paying the extra money and going in for the premium appointment and getting it all over with right? I already have plans to travel for work in April and don't think I can deal with waiting to hear an answer for months. Also, I don't understand what happens to my status if it took a long time to apply by post, and passed my current Leave to Remain expiry date. 

7. One more question.... How do the biometrics work?... If you go in for an appointment, do they take them right then and there? I did have Biometrics taken in the US for my original Spouse Visa Application but I didn't receive a biometrics card then. Do I report that? Do they use those same biometric measurements or take them again in them again?

Sorry, I am asking a lot. Hopefully I am asking in the right place. Thank you so much in advance for your help.


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## JrmHarding (Jan 6, 2014)

Hi drummerdave,

I can answer a couple of these for you but not all I'm afraid.

1) The £112.55 left over rule changed when the financial requirement came in in 2012. It is no longer relevant. They are more concerned that you make the financial requirement. I understand you applied before, so I'm not to sure where you stand on this. Don't worry about the £112.55 though.

6) My fiance just received her visa through priority and the service was extremely quick! Like you said, its always going to be worth paying the extra considering how important it is i think!

7) You have to take new biometrics with every new visa issued. They are taken right then at your appointment.


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## drummerdave (Nov 1, 2011)

JrmHarding said:


> 1) The £112.55 left over rule changed when the financial requirement came in in 2012. It is no longer relevant. They are more concerned that you make the financial requirement. I understand you applied before, so I'm not to sure where you stand on this. Don't worry about the £112.55 though.


Thanks for your response. To clarify on my first question, I am not worried about the number £112.55 per week, in fact I would be relieved if that were the requirement because I can easily prove that I meet that. But perhaps less easily if it is more on account of my having a child. My hearsay understanding is that this IS what defines the maintenance requirement, but I don't actually see that stated on the Home Office website which is unbelievably vague on the subject, that is why I am asking if anyone has any more information.

Thanks again,
Dave


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## JrmHarding (Jan 6, 2014)

I think i'll have to bow out and leave this one in the capable hand of Joppa and Nyclon as i can't confirm any more definitive detail on this one.

Sorry Dave.


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## drummerdave (Nov 1, 2011)

Can anyone else help with any information here with regards to my original posting?

Also, I have another freak out questions....I've seen people here on the forum mention the 28 day rule. My understanding is that you can apply anytime from 28 days before your 2 years qualifying date to the expiry date stamped in my passport, a total period of 4 months. Is that correct?

Thanks


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## AnAmericanInScotland (Feb 8, 2012)

drummerdave said:


> Hi y'all,
> 
> I am a US Citizen, about to apply for Indefinite Leave To Remain. I have a few questions and would appreciate any advice or information that anyone has. I obtained my Marriage visa in December 2011, so before the 2012 changes, and my 2 years qualifying period in the UK has just run up. The only area of my application that makes me a little nervous is my finances. I am a self employed, freelance musician, so my bank account looks a little crazy with sporadic income.
> 
> ...


Hi Dave Try to stay calm which I know isn't easy at this stage of your immigration process. I got my ILR in June under pre-9 July 2012 rules so I think I can help a little. I'll answer your questions in order of your listing them:

1 - Because you're under pre-9 July 2012 rules you are still under the old maintenance requirements. Joppa answered this to the pence on ShelleyBeans' thread but the rough number is £195 per week since you have a child. Here's a link to the thread, scroll down on the first page for the money part:

http://www.expatforum.com/expats/br...s-living-uk/324178-biometrics-permit-ilr.html

2 - We submitted 6 months previous bank statements as part of the supporting documents, the ones we used were his (my husband the UKC and my sponsor) but yours as the applicant will suffice as long as they meet the £195 amount because your visa permits you to work. I'd include your wife's too in addition or as part of the six months statements because she is your sponsor. (**There are those who might say only three months but six seems to be the magic number.)

3 - There is no need to mention your UKC daughter (congratulations ) because she isn't applying with you. There is a line somewhere on that form about shared financial responsibilities and you can mention her there as part of a shared responsibility but stress she is a UKC by birth and descent (through Mum). Joppa may have a better way of describing that bit to you, but the bottom line is because she's not an applicant with you, and is a UKC, you don't need to mention her - you only have to show you have enough money left over each week to support all of you.

4 - Your wife is right - your daughter is a UKC, born to a UKC in the UK and is therefore not part of your requirement to not access public funds. 

5 - We'd spent down a hefty portion of our combined savings and I still got my ILR because we were able to demonstrate we met the maintenance amount. We're retired and my children are self-supporting adults living in the US, so our amount was of course lower than yours will be. All they really want to see is that you are able to meet the amount applicable to your case - savings help but aren't required.

6 - OMGsh I cannot say it enough - if you have the extra money to go to the PEO then splash out that cash, honey! If you think you're stressed now just send it off by post and then endure the anxiety of waiting to hear they've got your application and documents, then wait for the biometrics enrollment letter (if it doesn't come with your letter from them to acknowledge receipt of your app&docs), and THEN wait (and wait and wait and wait and...) for a decision to be made...Right now posted applications are taking 1-2 months but I have four friends who chose to post and they've been waiting since mid-August to hear something. 

The money for the PEO is completely worth it unless you have some past impediment in your immigration history (past refusal, un-spents like a DUI, etc). You go in, they do the biometrics during the appointment, and they make a decision there and then or at the most within 48 hours. And then Immigration Limbo is over - you walk out of there in a happy (usually) daze with your ILR approval letter in clutched to your heart in your hot little hand. The Biometrics Residence Permit (BRP) arrives by courier within ten days. 

Post the app&docs and you have no idea when you will hear something. Even if you make the 1-2 month window, do you really want the agony of waiting to hear something for what will seem like an endless 30-60 working days?!

7 - Hopefully you saved (hard or pdf copy) the appointment sheet for your first set of biometrics because the info on that is the answer to where and when you had previous biometrics. 

Nope, you didn't get a BRP card, you got it all in the vignette in the visa on your passport.

Now you'll need re-enroll your biometrics and if the ILR is approved you will receive your BRP card. You can't do it on your own to add it to your app&docs, you have to wait for either the letter if you do a posted application, or during your PEO. 

If you post your application they will send you a letter - sometimes it comes with the 'We got your application...' letter and sometimes it follows it. Either way, it will instruct you to go to a Post Office and enroll your biometrics at a cost £19.20, and that you MUST have the letter with you when you go. Because the UKBA-Home Office will have your passport you may be stressed at not having official identification but the possesion of the letter apparently satisfies that need at most Post Offices. If you can find your US driving license, take it with you just in case. You most likely won't need it but it will act as a stress reliever to know you have it. 

If you go the PEO route (highly recommended) they do the biometrics there and there is no additional charge. 

As for your eighth question posted in your last post:

8 - You have the application period correct. You can apply anytime from 28 days before your arrival to the UK date (the day you entered the UK using the new visa and it was 'activated' by the border control folks). Don't leave it too late, especially if you choose to go postal (sorry but I can never resist that one) because then your stress factor expands exponentially the closer to your expiry - even though once they acknowledge they have and are processing your application, you are legally safe to remain until word of a decision reaches you. 

Hope this helps, if I've got something wrong I know Joppa will correct


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## drummerdave (Nov 1, 2011)

Oh, thank you so much for your thorough coverage of my questions. It is very reassuring at this point in this stressful process, which I know we all understand. I really appreciate the help and I'll let you know how it goes.


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## drummerdave (Nov 1, 2011)

Sorry everybody,

i have one more question. If I am going in for PEO appointment, do I need to bring copies of everything or do they make their own copies there? 

And what is this I saw on the HO website somewhere about making copies of every page of passports. Do I need to do that really?

Thanks again


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## AnAmericanInScotland (Feb 8, 2012)

drummerdave said:


> Sorry everybody,
> 
> i have one more question. If I am going in for PEO appointment, do I need to bring copies of everything or do they make their own copies there?
> 
> ...


Re the PEO and copies, it seems to depend on where you go for yours. I did mine in Glasgow and the staffers there were very glad to see my copies (stacked right behind each original). Other offices though, tell the applicant at the interview window 'Oh, we don't need these!' and they hand the copies back then...go make copies on their machines. If you post which office you'll be attending, someone who has been through it there will likely post in and let you know what that office prefers. 

If you make copies of your passport, the only pages that need copying are usually the bio pages (the front page with all your info and the page where you list your next-of-kin), pages with travel stamps, and of course the page with your visa vignette - which should have a stamp on or near it as well, btw.


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## sarahincos (Feb 1, 2014)

This is fabulous information, thank you guys!!


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## Joppa (Sep 7, 2009)

Remember this thread is 6 months old and some of the details may no longer be up to date, so double-check.


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