ILR - Dependent Query

I have got ILR receently along with my Kids but I didn't include my wife.

She is on Tier1 dependent valid till May-13.she has not completed 2 years as Tier1 depedent What are the options for me
1. Do I need apply for FLR (M) immidiately or is it ok if I appply in March/April time?
2. She may be short of 2 months to complete 2 years to apply for ILR for her.
So what are the options and when she will be eligible for applying ILR(immdiately after 2years or 5 years?

Thanks for your help

ilrdep

Which (of the many) Tier 1 are you referring to?

Hi Sushadmehta,
I am refrerring to Tier1(General)

Any one please adivce

Thanks SushadMehta

After reading I have another query,

My wife was in UK from June 2006 as WP dependent and then she switched to Tier1 (General) dependent in May 2008 and then she went back to India in July 2008 and she again came back to uk in July 2011(Tier1 General dependent) .

So Can I combine number of years asWP-Dependent (2.3 years) and Tier1 dependent till now (1.3 year) and apply for ILR now?

If answer is yes, then I have only Bank statements in her name as proof of cohabition for the period (2007-2008) and some medical test results will this be fine?
and for current stay I have Bank statements+council Tax+ medical test results will this be fine?

Please advice.

ilrdep wrote:So Can I combine number of years asWP-Dependent (2.3 years) and Tier1 dependent till now (1.3 year) and apply for ILR now?

Yes.

Though there is no limit on absences from UK by dependants your wife has a considerably long continuous absence of 3 years, so my personal suggestion would be that she applies for settlement nearer to the time of expiry of her current leave.

Refer to FLR(M) form or SET(M) form orthis post to understand what documentary evidences are acceted by UKBA to prove cohabitation

Thanks SusadMehta,

If I apply on April then still she will be short of 3 Months if we consider the current stay,so I need to show previous stay any ways.
but even I felt it will better to show some presence than absences

Is there any mandatory document list for Spouse -ILR ?
I have listed few here
1. Marriage Certificate
2. Co hab documents.
3. Application
4. Passports self and spouse
5. Photos

After going thorugh some of Topics I am getting confused which Form do I need to use SET(0) or SET(M) for applying for my wife (who is on Tier1 -General dependent)
Please advice

SET(O) if she applies for settlement when on PBS dependant leave.

Thanks SusadMehata,


Please advice me whether I am filling the Set(0) form correctly:
1. Applicant name is : My wife name
2. Category :Other purpose not cover in the form
3. Immigration history : My wife's details including her absences
4. No Tier 1 assessments need to be filled in.

5. and In Home and Finance I will pay the rent and I get salary and my wife is not employed how I can mention that I am sponsoring her?

Pls someone advice

Any one pls advice

ilrdep wrote:Please advice me whether I am filling the Set(0) form correctly:
1. Applicant name is : My wife name
2. Category :Other purpose not cover in the form
3. Immigration history : My wife's details including her absences
4. No Tier 1 assessments need to be filled in.

Yes.

ilrdep wrote:5. and In Home and Finance I will pay the rent and I get salary and my wife is not employed how I can mention that I am sponsoring her?

Appropriately answer the questions asked, nothing more. Include your payslips and bank statements (showing salary credit) covering the 3 months preceding the date of settlement application.

Thanks Susadmehta

One more query :
While my wife applying for for spouse ILR (PBS dependent) does she need to submit my Passport as well or copy of Personal details pages will suffice?
and Same query for BRP as well (BRP original or copy of BRP)?

Copy of your passport and your BRP should suffice.

Thanks SusadMehta

One more query :
My wife had gap in Tier1(general) dependent visa , from 1 may 2011 to 1J une 2011 , in this case is her 2 year clock starts from 1June2011 ?

Thanks for your help

Good News,

Today my wife ILR got approved at Sollihull PEO .
She had gap of 3 years this was questioned by Case worker as well.
Reason for her gap was mainly due to Maternity and to take care of my father and mother , we told the same thing and case worker asked the proof for the same , luckily we had one proof from Hospitals(Maternity) documents from India which we have taken .
She discussed with other case workers first and then with Senior Case worker and Finally said I will Grant your ILR today.

Questions asked:
1. Why do you think your wife qualify for ILR today?
2. Why there was gap of three years in between? three years is a big gap.
3. Where were your Kids when you were in India?
4. Are your Kids attending the school UK now?
5. Have you decided to settled down here now ? are you sure?

Documents:
1. Application form SET(O).
2. Hospital Report (Maternity)
3. Life in UK pass certificate.
5. Marriage certificate ( Case doesn't wanted this but she took it later)
4. My 3 months bank certificate showing my salary credit ( balance in this account was less than £1000 always except on the Salary days)
Pay slips were not taken.
5. Council tax notification of current stay.
6. GP letters of 2006-2008 stay.
7. Election commission letters which came to our current address (name amendment letters).

Let me know if you any questions I am happy to help.

Finally Thank you all for your suggestions and help mainly to Susadmehta

Cheers,
ilrdep

THanks for sharing your experience.

I was wondering if you could help with a few queries - was your wife working ? Did you have to show any evidence of income for her ?

Did you fill out any of the sections of the form which related to the Point Calculations ?

Thanks

No to all.
Include your payslips and bank statements (showing salary credit) covering the 3 months preceding the date of settlement application..

Thanks very much for your prompt response. Last few questions :
Is there any minimum maintenance fund requirement for this ? (I know you've written there was below 1 K in the account, but is 1K a min requirement?)

Lastly, any minimum salary / annual income you have to show to be able to qualify for dependant ILR ?

There is no requirement of Maintenance for ILR as such.
I am not sure on minimum Salary but I think you can refer to http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary which will give some idea.