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ILR Dependents (Less than 2 years in UK)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

veera123
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Joined: Thu Nov 29, 2012 10:07 pm

Post by veera123 » Wed Jan 23, 2013 10:50 pm

Congrats indran.

Good to hear the news. I have appointment for 5th Feb at Crodon.

My case is similar to your's except the dependent was away for 10 months (Jun 2011 - May 2012) due maternity, but we are staying together in UK since Mar 2008.

Hope ours will be treated on the same lines.


Thanks
Veera

veera4u
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Posts: 23
Joined: Mon Jan 07, 2008 7:29 am

Post by veera4u » Thu Jan 24, 2013 9:48 am

Hello indran,

Congratulations !

May I ask, if you had any cohabitation proof for the break period in your dependent? My wife was out of UK for approx 20 months and I have no proof on those period, and do you think this will be OK.

Also when you say ILR has validity now, do you mean the biometric card has validity or the ILR visa itself? I hope we dont have to renew the visa in that case?

Thanks,
Veera

maddyinlon
Junior Member
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Post by maddyinlon » Thu Jan 24, 2013 9:56 am

Congratulation Indran!

Glad that you both got Visa.

It gives all of us a hope :)

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Thu Jan 24, 2013 10:08 am

Congratulations Indran, Well done!

Hope everyones will be Successfull.
Last edited by sam2012 on Thu Jan 24, 2013 10:18 am, edited 1 time in total.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Thu Jan 24, 2013 10:12 am

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO - Success :)
Sam2012 - 4th Feb - Croydon PEO
veera123 - 5th Feb - Croydon PEO
call2bala - Due in March 2013
veera4u - Due in April 2013
maddyindon - Due in September 2013
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

indran
Junior Member
Posts: 58
Joined: Thu Jun 02, 2011 11:34 am
United Kingdom

Post by indran » Thu Jan 24, 2013 4:51 pm

Hi Veera4u,


Answer to your questions as follows:

1) We didnt provide any proof of cohabitation for the break period although we had some letters coming to our address since she was away to avoid being accused of claiming period which we didnt live together. I think they can check immigration record in their system and also in the passport to see the time your dependent has spent in the UK.

2) I meant biometric card validity. I am not sure if we need to renew ILR visa or not. Most likely not since ILR means indefinate leave. I think, the purpose of renewing biometric card is to update our details, photo etc. That is why my 2 year old son has to renew in 5 years instead of 10.

I hope that I have answered your question.

Regards,
Indran

indran
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Posts: 58
Joined: Thu Jun 02, 2011 11:34 am
United Kingdom

Post by indran » Thu Jan 24, 2013 4:56 pm

Hi,

I found this template letter is this forum, which would be very useful if you are being questioned about the break in cohabitation or not lbeing dependent for the 2 year period. I didnt submit this letter with the PEO application but brought with me, just in case to provide explanation on the 319E requirement.



Sub: ILR eligibility for my wife, (XXX), under rules before 9th July 2012

Dear Sir/Madam,

My wife, (XXX), was granted leave as Highly Skilled Migrant Programme holder on XXX, with entry date on XXX. Subsequently she extended her leave to remain under Tier 1 (General) which was approved with validity till XXX. She switched as Tier 1 PBS dependent on XXX before the rule change in 9th July 2012. This decision was taken after looking at the rules pre 9th July 201) for ILR eligibility (319(E)) for Tier 1 General PBS migrants and their dependents. The following 2 eligibility criteria were stated under 319 (E) prior to 9th of July 2012:
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
Source: National web archive snapshot taken on 8th April 2012 (Attached)
URL:http://webarchive.nationalarchives.gov. ... 1migrants/
As per the rules in place before 9th of July 2012, there was no requirement for my wife to be my dependent for the entire 2-year cohabitation period. The requirement was, she must have been last granted leave as my partner 319E(c) and we must have been living together in the UK in a marriage for a period of at least 2 years 319E(d). In our case, we meet both these criteria along with all others under 319E rule. I appreciate, the rules were changed on 9th of July 2012 and any application after 9th of July was to be treated under the new rules. As my wife was granted leave as my partner on XXX, I believe that the eligibility rules (pre 9th July 2012) mentioned above apply to her as per the transitional arrangements put in place by UKBA (http://ukba.homeoffice.gov.uk/siteconte ... am-mig.pdf; Page 8, 69 and among others).
I hope the above information along with documentation will be sufficient to make a favourable decision and allow my wife and son to apply for ILR along with me. If needed, I will be more than happy to discuss or clarify any particular aspect of the application.

Thanking you in anticipation.

Yours sincerely
XXX

indran
Junior Member
Posts: 58
Joined: Thu Jun 02, 2011 11:34 am
United Kingdom

Post by indran » Thu Jan 24, 2013 5:13 pm

Hi,

Below is the list of documents that I submitted with my application:

Myself:

1) Past 12 months payslips
2) Employers letter stating my gross salary
3) Absence list showing total absence not exceeding 180days in total for last 5 years
4) Bank statements for last 12 months showing my income (net salary) being paid in
5) Previous Tier 1 approval letter showing the points that i scored
6) PBS calculator print out from UKBA website
7) cover letter for my application with the scores and list of documents provided
8) current and previous passport
9) P60/P45 for 2 years including a summary letter from HMRC for 2 years without P60
10) Life in the UK pass notification
11) Completed Set(O) form
12) 2 x Photos

Dependents:
1) Passports
2) 2 x Photos each

Proof of cohabitation:
1) tenancy agreements, previous (2.5 years, before the break in cohabitation) and current (last 8 months)
2) Council tax for last 8 months only
3) Joint account bank statements for last 4 years
4) several other letter in both our names
5) Letter from previous landlord stating that we lived together for 2.5 years in the past.

The case worker didnt really bothered about our co-habitation proof. She said she will ask for more if they are not sufficient.

I hope, I didnt miss anything, but will update if i did.

Regards,
Indran

indran
Junior Member
Posts: 58
Joined: Thu Jun 02, 2011 11:34 am
United Kingdom

Post by indran » Fri Jan 25, 2013 4:15 am

Hi,

Just found out the following from this forum:

It's not the ILR that's valid for 10/5 yrs, it's the BRP which needs to be renewed for an amount of £30-£40. Similar to driving license card. Only to update your picture and any details which might have changed in due course.

Regards,
Indran

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Fri Jan 25, 2013 9:30 am

Indran , thank you for the template, very helpful.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

maddyinlon
Junior Member
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Post by maddyinlon » Sun Jan 27, 2013 6:33 pm

Indran,

Thank you very much for giving template and list of documents you have submitted.

veera4u
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Posts: 23
Joined: Mon Jan 07, 2008 7:29 am

Post by veera4u » Mon Jan 28, 2013 10:18 am

hi indran,

thanks for the answers to my questions and also for the documents list.

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Tue Jan 29, 2013 10:12 am

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO - Success
Sam2012 - 4th Feb - Croydon PEO - can't wait :roll:
veera123 - 5th Feb - Croydon PEO
call2bala - Due in March 2013
veera4u - Due in April 2013
maddyindon - Due in September 2013
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

gorgeous_girl
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Posts: 9
Joined: Mon Jan 28, 2013 5:06 pm

Post by gorgeous_girl » Tue Jan 29, 2013 1:45 pm

Hi All,

My husband just got his ILR last week (same as Indran on 23rd). And now i need to extend my visa since it will be expired shortly. Previously he was holding Tier 1 and i came here with entry clearance of Tier 1 dependent. Now his status has changed to ILR. What form i shall use for extending my visa?

I came here on August 2012. My husband's immigration solicitor had mentioned before that i need to use flr(m). Im not going to use solicitor service for my extension.

Can anyone advise me please.

Thank you

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Tue Jan 29, 2013 2:55 pm

Hello gorgeous_girl,

I think you need to apply as Tier 1 PBS Dependent extension and you will fall under new rules(5 years to obtain ILR)

I would suggest you to contact UKBA Customer Service on 0870 606 7766
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

gorgeous_girl
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Posts: 9
Joined: Mon Jan 28, 2013 5:06 pm

Post by gorgeous_girl » Tue Jan 29, 2013 3:06 pm

Thank you Sam...I am just too worried

sam2012
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Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Wed Jan 30, 2013 6:08 pm

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO - Success
Sam2012 - 4th Feb - Croydon PEO - can't wait :roll:
veera123 - 5th Feb - Croydon PEO
call2bala - Due in March 2013
veera4u - Due in April 2013
maddyindon - Due in September 2013


I hope Next Applicants will take over the the status from here !
Last edited by sam2012 on Mon Feb 04, 2013 3:20 pm, edited 1 time in total.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Fri Feb 01, 2013 2:14 pm

My PEO appointment is on 4th Feb at Croydon PEO

Below is the document list:

SET O form with Dependent
1. Passports
2. Photos
3. Absense sheet
4. Life in the uK pass certificates
5. Previous HO Apporval Letters
6. 12 months Bank statements
7. 12 Payslips
8. 5 year P60
9. Letter from accountant detailing the salaries and dividends
10. Self Employed documents( Business Bank statements, Profit and loss acounts, company incorporation certificate, Invoices)
11. Marraige Certificate
12. Cohab proof ( Bank statements, Council tax and Energy bills , HMRC previous Approval letters , NHS registarion letters, Car insurance certificates) - for more than 2 years
13. Photocopies of all the above


Other documents (just in case if required):

Main Applicant:

1. My absenses are less than 180 (158 in total) but carrying a Company letter for absenses
2. Company letter detailing the salaries and dividends for last 12 months.

Dependent:

1. Dependents Payslips and dividends.
2. Company letter to justify the long absenses due to business trip.
3. Company letter detailing the salaries and dividends for last 12 months.
4. Medical certificate from india for long absense.
5. Carrying a PBS dependent Application for dependent in case ILR get rejected


Please let me know if I'm missing anything.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Mon Feb 04, 2013 3:09 pm

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO - Success
Sam2012 - 4th Feb - Croydon PEO - Success :D :D :D
veera123 - 5th Feb - Croydon PEO - Good Luck :!:
call2bala - Due in March 2013
veera4u - Due in April 2013
maddyindon - Due in September 2013

I hope Next Applicants will take over the status from here !
Last edited by sam2012 on Mon Feb 04, 2013 3:21 pm, edited 1 time in total.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Mon Feb 04, 2013 3:17 pm

Hello Everyone,

Firstly, Thanks to everyone for your valuable suggestions and for boosting my spirits with your votes!

My ILR with Dependent has been successful with long abesenses for dependent. The case worker didn't ask any questions about dependent absenses.

My appointment was at 8:10 at Croydon PEO. Initial verfication, Bio and fee payment completed by 8:45. But the Lazy case worker completed my case at 12:15, those were the frustating 3 hours wait looking at the case worker, This shows how the UKBA staff enjoy there time during work.

Anyways I got ILR for me and my dependent. I'm pretty much happy with it to not having to re-apply again.

Below is the document list:

SET O form with Dependent
1. Passports
2. Photos
3. Absense sheet
4. Life in the UK pass certificates
5. Previous HO Apporval Letters
6. 12 months Bank statements
7. 12 Payslips
8. 5 year P60
9. Letter from accountant detailing the salaries and dividends
10. Self Employed documents( Business Bank statements, Profit and loss acounts, company incorporation certificate, Invoices)
11. Marraige Certificate
12. Cohab proof ( Bank statements, Council tax and Energy bills , HMRC previous Approval letters , NHS registarion letters, Car insurance certificates) - for more than 2 years
13. Photocopies of all the above


All the Best and Good Luck !

Things to learn : Try to be Smart but not Oversmart!
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

veera123
Newly Registered
Posts: 14
Joined: Thu Nov 29, 2012 10:07 pm

Post by veera123 » Mon Feb 04, 2013 3:47 pm

Congrats Sam, enjoy... :)

Mine is at 08:15AM tomorrow.

Veera

veera4u
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Posts: 23
Joined: Mon Jan 07, 2008 7:29 am

Post by veera4u » Tue Feb 05, 2013 12:34 pm

hello sam,

Congrats ! on your ILR approval.

May i ask you to narrate the whole process starting from entry to exit into PEO.

The reason for this, some one posted that before payment and bio, been told about the application status, this happend at Solihull and want to see if same in Croydon (see link below)
http://www.immigrationboards.com/viewtopic.php?t=125273

maddyinlon
Junior Member
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Post by maddyinlon » Tue Feb 05, 2013 4:54 pm

Congrats Sam ! Well done :)

veera123
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Posts: 14
Joined: Thu Nov 29, 2012 10:07 pm

Post by veera123 » Tue Feb 05, 2013 5:01 pm

Hi friends,

Thanks to everyone for your valuable suggestions, specially to wpilr_nov12, indran and sam2012.


My ILR with dependants has been successful with long absences (10 months) for spouse. The case worker didn't ask any questions about the absences.


Category: 1.5 year WP + 3.5 years Tier 1(General)
Form: SET(O)
Applicants: 3 (Main + 2 Dependants)
Number days absences: 116 days


My appointment was at 8:15 at Croydon PEO.


Initial verfication, Bio and fee payment completed by 8:40. We were waiting for our turn with case worker until 09:35AM.

Luckly, case worker has completed all the checks and provided the approval letters by 10:40AM (just over 1 hour).


Below is the document list:

SET O form with Dependents
1. Passports
2. Photos
3. Absences sheet
4. Life in the UK pass certificates
5. 12 months personal bank statements
6. 12 months business bank statements
7. 12 Payslips & dividends along with summary letter from accountant.
8. P60 for first 2 years (WP period).

9. Cohabition documents:
First 2.2 years: Land lady's letter, NHS documents, HMRC tax code letters.
next 10 months (until Jun 2011): tenancy agreement, Energy bills, Council tax

Recent 9 months (May 2012 - Jan 2013):
tenancy agreement, council tax, NHS letters.



Case worker took the cohabitation documents of first 2.2 years and recent 10 months.

----

I have carried below documents as well (but not given to case workers):


- Marraige Certificate
- Son's Birth certificate
- Company registration documents, last 12 months Invoice.




Thanks again and all the best.

Veera123.

maddyinlon
Junior Member
Posts: 55
Joined: Thu Jan 03, 2013 5:44 pm

Post by maddyinlon » Wed Feb 06, 2013 9:33 am

Congrats veera123 :) Thanks for sharing!

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