Financial Requirement FLR/ILR

[marksroomspain]

Here's one guys which I dont know if its been covered before.

Lets just say that when your spouse applies for FLR or ILR under the new rules and unfortunately one of you have lost your job before the application goes in and for reasons you cannot meet the financial requirements then what would happen?

1.) Would you be able to to apply for DLR under article 8 on grounds of a private life.

2.) Whats the likelihood of it being granted.

3.) Does a child you have together who is a british citizen play a major factor to the above.

Just a question which I am sure many have thought about under these draconion new rules but I think important to everyone who could find themselves in this situation.

Would love to hear your views and more importantly anyone with the legal side to how this would work...

[joebloggs]

if you have a child who is a British citizen then i think you could be granted DLR but that will probably mean going the 10yr route until you get ILR

[marksroomspain]

Thanks Joe,

I know alot can happen on this 5 year immigration journey and hopefully things will remain positive its just a worrying scenario especially in these times...

[Terpe]

Mark, the home office (UKBA) has taken the opportunity to update the form FLR (O)
(Further Leave to Remain - Other).

It now includes human rights applications on the basis of:-

- Private Life in the UK
- Family Life as a Parent

If anyone would find themselves caught up in the scenario you mentioned then application to remain should be made on this form.

In my opinion, such applications are best made with the help of an experienced immigration advisor. I do believe that for any 'out of rules' application very careful presentation is needed in order to detail the individual circumstances in the very best light. This needs to be done by means of a detailed covering letter submitted together with the completed form.

It's difficult to predict with any certainty just what period of Discretionary Leave (DL) might be granted, but the published indications suggest that it would result in a 10 year pathway to ILR and naturalisation

For completeness, here are the updated forms:-

FLR(O) Form

FLR(O) Guidance

You may be interested to review those links.

Hope that helps

[marksroomspain]

Cheers Peter once again for your very informed information...