Seeking ILR Information Please.

[CMOSUK]

Hello,

I want to first write even though i'am a new user i have been watching these forums for a while and decided to join you guys and i'am glad i did.

I have read many posts regarding ILR application and it is a bit confusing trying to process this information that is workable and easy to digest.

My question is what documents would be required and if the list of documents below would be enough in my case.

Any help and suggestions are very much appreciated and God Bless You All!

Background:

My wife came into the UK on November 2009 on a spouse visa and after the 27 month period although she could apply for ILR we did not due to unforeseen circumstances we applied for an extension instead.

She Was granted Discretionary Leave To Remain for 6 Years, Note: this was granted before the July 9 2012rules coming into effect.

She will be completing her 6 years of DLR in July 2018 and i know we must apply 28 days before, in which we will do a in person appointment at the Home Ofiice, i also understand she would be exempt from the language requirements normally required but not the financial rules (minimum £18,600 threshold being still required)

Here is a planned list of documents i intend to give as part of the in person application.

1. Set O forms completed
2. Covering lettering of intention of applying ILR based on the fact she will have completed 6 years DLR
3. Original current and previous passports with photocopies
4. BRP cards previous and current with photocopies
5. Police background basic disclosure information letter to prove she has no previous criminal convictions during her time in the UK as well a photocopy of that letter.
6.My P60's for the last 3 years as well as payslips with photocopies (they are all over the £18,600 threshold for each financial year.
7. joint account bank statements for the last 6 months
8. attested Translated in English marriage certificate with photocopy(this his been used in all of our applications)
9. Tenancy agreement with photocopy and a backup letter from the housing association confirming me and my wife as the tennents of current accommodation from when we moved in (which was 2013)
10. Joint council tax letters for the past 1 year in joint names (i could always add more)
11. My wifes student bursary award letter and a letter from the college itself to confirm student bursary is not public funds (They know she has the no recourse to public funds rule applied to her and they wouldnt give it if it was public funds or benefits.)
12. Various utility bills in her name and my name to confirm we do reside at our current address for the past 1 year (more can be added if necessary)
13. Doctors letter to confirm address and she is a registered patient.
14. letter from employer (on my side) to confirm employment and maybe to confirm frequency of payment which is bi-weekly (every 2 weeks we are paid)
15. DLR letter that she was originally given to confirm her exemptions and entitlements

please note she has never claimed any benefits nor has any criminal convictions of any sort. In regards to the language requirements she has done the ESOl course for 3 years and has SQL certificates from the college (SQL Scottish qualification).

I also wanted to make sure even though my wife is not the main earner, Will my income (spouse income) still be used for application for ILR, it is over the minimum requirement.

i really do appreciate all the help and answers and please feel free to make suggestions on what else i can add and if you questions yourself i will respond.

[CR001]

There is no financial requirement for DLR to ILR. You are misundertanding. Financial requirement is for FLR(M) and Set(M).

You probably need evidence of cohabitation for 2 years and also evidence that the circumstances of originally being granted DLR are still the same.

[CMOSUK]

There is no financial requirement for DLR to ILR. You are misundertanding. Financial requirement is for FLR(M) and Set(M).

You probably need evidence of cohabitation for 2 years and also evidence that the circumstances of originally being granted DLR are still the same.

Thanks for your reply.

For the DLR being granted it was mainly because we had emergency repairs done to our house which was substantial about the same time we were going to apply and applied for an extension instead.

My wife was then granted DLR for a period of 6 years in total to complete, in which the second set of DLR was granted successfully in 2015, so in 2018 her 6 years will be completed.

We would be applying on that basis that she would be entitled to apply for ILR after completing the 6 years DLR.

In the time she has been in the UK, she has not had any criminal convictions nor are any pending.

She has not breached any immigration rules either during her time here and with our income together it is over the £18,600 requirement but as you have stated DLR to ILR may not be a requirement.

For Cohabitation we have been in the same leased property since 2013 so we can provide more than 2 years of:

-council tax in joint names or a letter confirming we have been registered for council tax from 2013 in both our names.

- utility bills
- joint bank statements of more than 2 years

Any other if anyone can suggest please!

It is our intention to apply on that basis. Any further info or suggestions I would greatly appreciated and thanks for your time in reading this.

[CMOSUK]

I would also like to ask when should a PEO appointment be made, as the original DLR was granted 22 june 2012, then when we applied for the second set of DLR, BRP card that she was given is up until 22-07-18.

If we go from the 1st granted DLR from 22-June-2012 to 22-June-2018 that would be 6 years in total of DLR she will have completed. Obviously the second set would make it 6 years and 1 month?

thanks again.

[CR001]

6 years minus 28 days from the date the FIRST DLR was granted.

[CMOSUK]

6 years minus 28 days from the date the FIRST DLR was granted.

Thanks for the reply can I just confirm my understanding of it, the earliest I would be able to apply is then Saturday 26th of May 2018?

Would this still be the date I would be able to pick if I was still applying in person at the home office?

Thank again!

[CR001]

Yes and yes if that is 28 days before. It does not have to be exactly 28 days but within 28 days before reaching 6 years.

[CMOSUK]

Yes and yes if that is 28 days before. It does not have to be exactly 28 days but within 28 days before reaching 6 years.

Thank you,

There is another question I would like to ask in regards to the SET O ILR forms (04/17)

Section 4: knowledge of language and life in the UK


Although in ''Section 3: which category? " I would tick the" other purposes and reasons not covered by other application forms" box and it does ask you to explain further, in our case my wife would be completing her DLR of 6 years and being eligible to apply for ILR, would a covering letter still be needed just to explain further for section 4 in regards that she is exempt from the language and life in the UK test requirements?

Also in section 5: questions 5.4" Does a relative or friend of you or your partner, or both of you, regularly
give you money?" the same form, although my wife does not work and from my understanding she might be exempt from financial requirement.

May I put my monthly income figure from work with a covering letter explaining it is a joint account and she does have access to it as well effectively showing my main income is over £18,600? I would rather show that we are over the minimum threshold and as a safety net for the application, a "just in case" scenario thing. These would be backed up by p60's and payslips. And as the money comes via bank, bank statements also for the last 2-3 years if needed.

Thanks again

[CMOSUK]

Still looking for a bit of clarification on the above questions please. Thanks in advance.

[CMOSUK]

Hi, still looking for some info on this part, I have tried reading through most of the posts but i cant really find anything on this part.

Yes and yes if that is 28 days before. It does not have to be exactly 28 days but within 28 days before reaching 6 years.

Thank you,

There is another question I would like to ask in regards to the SET O ILR forms (04/17)

Section 4: knowledge of language and life in the UK


Although in ''Section 3: which category? " I would tick the" other purposes and reasons not covered by other application forms" box and it does ask you to explain further, in our case my wife would be completing her DLR of 6 years and being eligible to apply for ILR, would a covering letter still be needed just to explain further for section 4 in regards that she is exempt from the language and life in the UK test requirements?

Also in section 5: questions 5.4" Does a relative or friend of you or your partner, or both of you, regularly
give you money?" the same form, although my wife does not work and from my understanding she might be exempt from financial requirement.

May I put my monthly income figure from work with a covering letter explaining it is a joint account and she does have access to it as well effectively showing my main income is over £18,600? I would rather show that we are over the minimum threshold and as a safety net for the application, a "just in case" scenario thing. These would be backed up by p60's and payslips. And as the money comes via bank, bank statements also for the last 2-3 years if needed.

Thanks again

So my questions were for Section 4: of the SET O form.
will i still need a covering letter to explain why she would be exempt form the language requirements?
the only relevant box i can see that can be ticked or be applicable is: 4.1 Are you aged 18-64?

the second question was for Section 5 of the SET O forms.
where is asks 5.3 Are you working in the UK? If so, what is your pay
each month after income tax and other deductions?

Although this applies to my wife, could i tick no, BUT put my income after taxes and dedcutions with a covering letter explaining this?

again i have tried searching but to no avail. i would appreciate some advice in this regard and i do thank you for the time and effort in answering this in advance.