ILR Success at Croydon on 27/12

[ritswaney]

I was granted ILR (based on Tier 1 PBS) in Jul 2012. However I could not include my wife as she had not completed the 2 year qualification period (she was in the UK before Jul 2012, so the new 5 year criteria did not apply). She had Tier 1 Dependant Visa valid until Jan 2013, which meant that she did not have to switch to FLR(M) and could straight away apply for ILR, as she would qualify for ILR within the validity of her Tier 1 Visa.

I went for a PEO appointment yesterday and supplied the following documents

- Cover Letter explaining that she was eligible to apply as per Sec 319(E)
- Application Form (SET (O))
- Marriage Certificate
- Letter from Council & Council Tax Bills for 2 yrs to prove cohabitation
- A letter from my Accountant (since I am a contractor with a Pvt Ltd Co) giving a breakdown of my income - Salary + Dividends
- Photocopies of my ILR BRP & Passport

They asked for my original passport and BRP too, so do carry that.

I had an appointment at 9.20, got there at 8.30, and the wife was granted ILR at 10.30 by a beaming case worker.

Applying during the Christmas season is cool because its a lot less busy and the atmosphere was more relaxed.

I hope this helps someone who is in a similar boat and needs some guidance.

Thanks a ton to Greenie and this thread by ilrdep http://www.immigrationboards.com/viewtopic.php?t=118670

[sam2012]

Congratulations ritswaney!!!

Here is my post,

http://www.immigrationboards.com/viewtopic.php?t=121910

Based on your experience, can you please advice me if my wife can get ILR with me.

thanks.

[Shekharaca81]

Hi There

Can I ask you a question as I am going to apply ILR for myself and my wife shortly.

My wife and I have been married for 3 years and both of us have been living together for the last 3 years.

However, she has not been on my tier 1 dependent visa for thsi period. She was on tier 2 (ICT) visa for most of this period and since the last 6 months she is my dependent on Tier 1 visa.

Do they require the dependent to be on the ain applicants tier dependent visa for 2 years or is 2 years of cohabitation enough?

Your help is much appreciated.

thanks

[rsathish]

How come her Tier 1 dependent visa was granted until Jan 2013 while your Tier 1 PBS expires July 2012?

My point is - the Tier 1 PBS dependent's visa would usually expires on the same date as that of the Tier 1 PBS sponsor isn't?

I was granted ILR (based on Tier 1 PBS) in Jul 2012. However I could not include my wife as she had not completed the 2 year qualification period (she was in the UK before Jul 2012, so the new 5 year criteria did not apply). She had Tier 1 Dependant Visa valid until Jan 2013, which meant that she did not have to switch to FLR(M) and could straight away apply for ILR, as she would qualify for ILR within the validity of her Tier 1 Visa.

I went for a PEO appointment yesterday and supplied the following documents

- Cover Letter explaining that she was eligible to apply as per Sec 319(E)
- Application Form (SET (O))
- Marriage Certificate
- Letter from Council & Council Tax Bills for 2 yrs to prove cohabitation
- A letter from my Accountant (since I am a contractor with a Pvt Ltd Co) giving a breakdown of my income - Salary + Dividends
- Photocopies of my ILR BRP & Passport

They asked for my original passport and BRP too, so do carry that.

I had an appointment at 9.20, got there at 8.30, and the wife was granted ILR at 10.30 by a beaming case worker.

Applying during the Christmas season is cool because its a lot less busy and the atmosphere was more relaxed.

I hope this helps someone who is in a similar boat and needs some guidance.

Thanks a ton to Greenie and this thread by ilrdep http://www.immigrationboards.com/viewtopic.php?t=118670

[ritswaney]

@Sathish My Tier 1 visa (as also my wife's) was valid until Jan 2013 however I became eligible for ILR in July 2012! (I am legally allowed to enter the UK before my wife did, she joined my after marriage!)

@Shekhar
As per Sec 319(E) (google for this immigration law) which allows a dependant to apply for ILR directly without switching to FLR(M), your wife will new to be a dependant to apply I believe.

As far as I understand, she may need to switch to FLR(M) after you get your ILR as then she would be eligible for ILR five years after her first entry or two years of being your dependent whichever is earlier.

This is one for Greenie or another guru.

[allgo]

Hi ritswaney
I am exactly in the same boat as yourself. My wife has valid PBS dependent visa until Sep 2014. She will complete 2 years in April 2013 and will eb eligible for ILR. I got my ILR last friday and I guess she can continue in her existign visa until april 2013 and direclt go for her ILR.
2 questions
1) Can she travel in and out of the UK with the exisitng BRP and visa?

2) For co-habitation did you submit only council tax bills? I read in SET(M) requirements that they need at aleast 6 docs and from 3 differnet sources. How did you manage that as council tax are sent once in a year as well as I guess you submitted cohabitation proof from only 1 source?

3) Lastly I guess you used SET(O) form. Any link where it confirms she can use SET(O). I guess you applied in SET(O) "other" category? Did she have to give details about absence as SET(O) asks for maxumum 180 days absence in 5 years.

WIll eb deeply obliged if you can answer my queries.
Thanks
Allgo

[ritswaney]

As long as she got her dependant tier 1 or equivalent visa before july 2012, she can apply directly for ILR as long as she has leave to remain until then - which she seems to have. This is as per Section 319(E)
http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

SET(O) is correct if on Tier 1 Dependant, if switched to FLR(M) when you got ILR, then I believe it is SET(M)

[sreepujari]

Hi ritswaney,
Can you please share your Cover Letter ?

Thanks,
Sree

[rahim_dad]

Hi guys,

I am really confused about using SET (O) or SET (M) form for my wife. I got my ILR last year after Tier 1 General and got wife to extend visa using FLR(M) after being in PBS Dependent as she hadn't completed her 2 years qualification period.

I went through the normal form finding/checking process on the UKBA webiste and they definitely advise SET (M) and not SET (O) so I am getting conflicting info now.

Our PEO appointment is next week so it's imperative we get the correct form. Please advise.

Thanks

[rahim_dad]

I think I have the answer to my question.
I believe the form shoudl be SET (M) as my wife had used FLR(M) last and that was also after I had been granted ILR so she is definitely applying as a spouse of a person settled in the UK and not of a person who is in the proces of settling in the UK through Tier 1 (General)

Please correct me if I have drawn any incorrect conclusions