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Cardiff ILR experience

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

ouflak1
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Cardiff ILR experience

Post by ouflak1 » Tue Jan 12, 2010 8:21 am

Just wanted to share my experience there as I suspect somewhat few people actually go there for their premium appointment.

I did an application for myself and two dependents: my wife and child. This was based on 5yrs Work Permit (only). We had a heck of a time getting any appointment, but my wife was in a position to keep calling and checking online and calling and checking online and calling and checking online... until finally she was able to book an appointment at the Cardiff office for January 4th over the phone. This was a straightforward application. I, nor my wife, had any large gaps or anything like that though one 'issue' did pop up that I will mention in a bit.

We arrived at the office at 8am and were let in at 8:30 along with a motley group of people there for various reasons, mostly biometric IDs. There was one other small family there as well who had an ILR appointment and another that came a couple of hours. We sat in the waiting area for about 90 minutes when a gentleman came out and called us to his position on the counter. There he verified all of our documents and told us to sit down and wait and he would tell us when the application went to a case worker. He called us back about ten minutes later because of my wife's visa. She had only been on an actual dependency visa for about 9 months (the previous 3 1/2 years to that, she was a graduate student in the UK). He said he would have expected that visa to be about as long as our marriage (2 1/2 years) give or take that particular processing application time. He would have to talk to a senior case worker and then decide whether we should proceed with our application or: change the application to be just for myself and daughter or: withdraw the application all together. We were told to wait and he would call us when we heard back. This caught me off guard because I had pretty thoroughly researched the requirements for this application and had seen nowhere that any dependent, spouse or otherwise, had to have a specific visa for that status. About 30 minutes later he called us back and informed that there would no problems going ahead with the application and that it would proceed to a case worker. Again we waited. The case worker came out twice in the next 2 hours to clarify a couple of minor details that I can't honestly recall. He then came out a third time for clarification as to which travel document for my daughter would get the endorsement (this was obviously a very good sign at this point, daughter has U.S. passport and OCI). About 30 minutes later, he called me to the counter and informed me that we would all be getting our ILR. He sent me down to the payment counter where I paid with a credit card. After another small wait of maybe ten minutes, the case worker called me back to the counter to collect my documents.

It was in general a very good mood all around, though the wait was at times long and it did get a bit crowded in the waiting area for about an hour. Cardiff does not have a facility for doing ILR endorsements so they had to send our passports off to Sheffield for that purpose. We got them back with the endorsements 3 days later by special delivery. After we got home from the appointment that day, I verified on the UKBA website that in fact my wife did not have to have that particular dependency visa for any length of time at all. She only had to have been living with me for the previous 2 years. We provided plenty of evidence to this effect; most powerfully perhaps the lease signed by us both 2 years earlier and a separate letter from our letting agent specifically stating that my wife had moved in January 2008.

One additional thing to note; I was called on the phone twice by someone from the UKBA to confirm our appointment several days in advance. In the first call, they emphasized that we should bring six separate pieces of evidence regarding my wife's proof of address. I'm glad they called. This isn't mentioned anywhere in the application or on the website.

Documents submitted:
1. 3 current passports
2. 1 former passport
3. 1 Overseas Citizenship of India booklet
4. 1 Set O application with applicable sections filled in.
5. 6 photographs, 2 of each applicant.
6. Copy of Home Office approval letter for my current employer for change of employment.
7. Copy of original Home Office approval letter for my first UK employer for employment.
8. Original Work Permit
9. Life in the UK Test Pass Notification Letters for both my wife and self.
10. 12 (all 2009) months bank statements.
11. 12 previous pay slips.
12. Marriage Certificate.
13. Birth Certificate for our daughter (born in the UK).
14. Letter from property leasing company confirming lease (addressed to both signers) with the attached lease contract and letters confirming tenancy.
15. Letter confirming current employment and further need for my services.
16. Employment contract with current employer.
17. Employment contract with previous UK employer.
18. Seven bank statements for my wife to our current home address.
19. Two enhanced disclosure forms (Criminal Records Bureau) checks for my wife listing current home address.
20. TV licenses statement for current address, listing 2008 and 2009 payment details.
21. Three gas statements from current provider (EON).
22. One gas bill from current provider (EON).
23. One electricity bill from current provider (EON).
24. One water statement from current provider (United Utilities).
25. One landline phone bill from current provider (British Telecom).
26. One mobile phone bill from current provider (O2).
27. Five P-60 forms from 2004-2005 to 2008-2009.
28. One P-60 form for my wife listing current address.
29. One UK Driving License for my wife listing current address.

coolwp
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Post by coolwp » Tue Jan 12, 2010 9:20 am

Congratulations mate for your success!!

gidoc
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Post by gidoc » Tue Jan 12, 2010 7:07 pm

Hi
Congrats for ILR.
Its a bit strange to note that you were asked to provide address proof for your wife! I dont know if its because she stayed with you for less than 2 yrs in UK.
No such requirement is mentioned nor have I come across this in any forum post.

Did they ask you to show the address proof for your wife?

In my case, my wife does have a resident permit as my dependent for the same duartion as me but she doesnt have any separate address proof, never needed any and she does not drive.

Anyone else know about this?

best regards

mudassar_ali
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Post by mudassar_ali » Tue Jan 12, 2010 10:38 pm

Hi
Congratulations on your ILR. You have given quite useful information and document list.

My question is

Is there any gap between changing in employment? i.e. when your contract with 1st employer fininshed and contract with next employer started or they are overlapping?

Your answer will be quite helpful to me.
Waiting for your reply.

Thanks

ouflak1
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Joined: Mon Jul 06, 2009 11:59 am

Post by ouflak1 » Wed Jan 13, 2010 8:45 am

gidoc wrote:Hi
Congrats for ILR.
Its a bit strange to note that you were asked to provide address proof for your wife! I dont know if its because she stayed with you for less than 2 yrs in UK.
No such requirement is mentioned nor have I come across this in any forum post.

Did they ask you to show the address proof for your wife?

In my case, my wife does have a resident permit as my dependent for the same duartion as me but she doesnt have any separate address proof, never needed any and she does not drive.

Anyone else know about this?

best regards
Actually my wife had stayed with me for more than two years. The UKBA website does indeed state that a spouse must have lived with the main ILR applicant for two years previous to the application. What neither the UKBA website states, nor the ILR application itself states, nor anything I read anywhere else on the web including this website states, is that you must provide six separate proofs of address to support this cohabitation. I think this might be something new, or an old rule that's finally being enforced, or something like that. They should put this in the application checklist or somewhere on the website so people aren't scrambling around at the last minute, or even have a failed application though the applicant could otherwise easily provide the required evidence if they just knew the requirement.

Like I said, I'm glad someone from the UKBA called us to inform and emphasize this. Otherwise, I'm not sure we would have brought enough evidence for this specific point to satisfy our case worker!

mudassar_ali wrote:Hi
Congratulations on your ILR. You have given quite useful information and document list.

My question is

Is there any gap between changing in employment? i.e. when your contract with 1st employer fininshed and contract with next employer started or they are overlapping?
Just a small gap. I actually had the next job offer in hand before the end of my previous employment. I got the approval letter to start at my new job just under 3 weeks after I'd left my old one. So I was within the 28 day limit (thank God that's no longer hanging over my head).

mudassar_ali
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Post by mudassar_ali » Wed Jan 13, 2010 10:10 am

Hi

Thanks for your reply. Actually i have got gap of 16 days to start the new job as it took 15 days to get the approval letter. So hopefully it will be ok for me as well. Let see on the day.

Really thanks for your help.

oca
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Post by oca » Wed Jan 13, 2010 11:07 am

I got my ILR from Cardiff PEO on WP + 5 yrs.

Your document list looks excessive compared to the ones submitted/requested for my ILR application.

Documents submitted/requested:
  • i. Application Form ( SET(O) – Version 05/2009 )
    ii. 3 sets of 2 identical Photos ( Self & 2 Dependants ).
    iii. 4 Passports ( 3 Current + 1 Previous )
    iv. Birth Certificate ( Child )
    v. Marriage Certificate
    vi. 2 Pass Notification Letter (Life In the UK – Self & Spouse )
    vii. Current Employer's letter (Was with same employer for all 5 yrs)
    viii. Last 6 Months Salary slips
    ix. Last 6 Months Bank Statements
    x. P60s (Requested by caseworker - Had one year P60 missing)
    xi. Work Permits (Requested by caseworker)
Timeline (Appointment was for 8:30: In at 8:00 - Out at 11:00)
  • * Arrived at 8:00
    * Called to Counter at 8:30 (Person checked the documents against his checklist and then asked me to go to next counter to make payment)
    * Payment at 8:45 using my VISA Debit Card
    * Approached by caseworker at 10:00 requesting for additional documents (P60 and Work Permits)
    * Approached by caseworker at 10:45 and was informed I have been granted ILR. He handed back my supporting documents and old passport and informed me that I would get my passport with the ILR stamped in 5 working days
    * Left at 11:00

coolwater267
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Post by coolwater267 » Wed Jan 13, 2010 11:53 pm

Congrats on ILR.
I am bit confused about one thing.
I am going to apply for ILR under HSMP (JR) with my wife. we got married in Oct 2007. My wife got the visa in Nov 2008 and she moved to UK in April 2009. My question is she has only lived with for 9 months. Please can anyone tell me that is she ok to apply with me.

You guys were talking about living period. Please can some explian it ot me.

Regards

ouflak1
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Joined: Mon Jul 06, 2009 11:59 am

Post by ouflak1 » Thu Jan 14, 2010 8:39 am

coolwater267 wrote:Congrats on ILR.
I am bit confused about one thing.
I am going to apply for ILR under HSMP (JR) with my wife. we got married in Oct 2007. My wife got the visa in Nov 2008 and she moved to UK in April 2009. My question is she has only lived with for 9 months. Please can anyone tell me that is she ok to apply with me.

You guys were talking about living period. Please can some explian it ot me.

Regards
On this point, the rule is rather clear. Your dependent spouse must have been living with you for two consecutive leading up to your application. Technically, she would not be eligible to apply for ILR until April 2011, assuming she lives with you continuously in the UK during this period.

I'm curious though. You say that she got 'the visa' in November 2008. This was a spouse dependency visa? I ask because you normally would have to show some evidence that she is infact your dependent, not just your spouse. Have you been the primary supporter for her in a her residence abroad? I think the UK government is rather keen on the idea that anybody applying for permanent residence actually be in the UK for some minimum amount of time and that the UK is obviously their home. The fact that she has not lived with until so long after she got her dependency visa won't help that latter point.

From the information you've given, she could not apply with you now. But maybe someone here knows of an instance where a case worker has waived the two year residency requirement?

web2005
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Post by web2005 » Thu Jan 14, 2010 10:19 am

I am in similar situation. I am applying for ILR under HSMP JR in February. I got married in July 2008. My wife's HSMP dependent visa got refused at first in September 2008. We waited for appeal till May 2009 then applied fresh in May 2009. Her visa was approved and she joined me in UK in July 2009. She is given visa for 1 year, valid till August 2010 when my HSMP visa expires.

I have booked PEO appointment in family slot. I was under the impression that HSMP dependents hav same status as main applicant. Do you guys think she has to be here for atleast 2 years before she can apply for ILR? Is this not the requirement for British spouse visa to show living together for 2 years?

mudassar_ali
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Post by mudassar_ali » Thu Jan 14, 2010 11:22 am

Hi (ouflak1 - sorry i donot know your exact name)

Thanks for your reply on gap between switching jobs.

I have another thing to confirm i.e.

I have started job with new employer based on the change of employment work permit approval letter stating that

"While this letter does not confer leave to remain for the purpose of this employment, Mr XXX may now start working for you pending the outcome of his leave to remain application."

But at the start of the same letter it states

"Thank you for your application for an immigration employment document for Mr XX , who is currently in the United Kingdom working for another employer" though i have finished my previous job.

If possible can you confirm that you have same sort of statements on your work permit letter to confirm these are standard staements please?

really appreciate your help.

Thanks

Ali[/list][/quote]

ouflak1
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Post by ouflak1 » Thu Jan 14, 2010 2:01 pm

web2005 wrote:I am in similar situation. I am applying for ILR under HSMP JR in February. I got married in July 2008. My wife's HSMP dependent visa got refused at first in September 2008. We waited for appeal till May 2009 then applied fresh in May 2009. Her visa was approved and she joined me in UK in July 2009. She is given visa for 1 year, valid till August 2010 when my HSMP visa expires.

I have booked PEO appointment in family slot. I was under the impression that HSMP dependents hav same status as main applicant. Do you guys think she has to be here for atleast 2 years before she can apply for ILR? Is this not the requirement for British spouse visa to show living together for 2 years?
Well that's the thing about the wording. Quoting the UKBA website:
UKBA wrote:Your dependants are eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement.
So according to this wording, they don't even have to have any particular visa type! The only thing that matters is how long they lived with you in the UK. You might notice that the link is to the Tier 2 general page. The equivalent Tier 1 page doesn't contain any specific information regarding dependent settlement, and the application Set(O) is the same for both, so presumably the requirements are likewise the same. If you can find otherwise, post a link as it would be very useful information.

In general, any dependent of someone with limited leave to remain is just that: a dependent of someone with limited leave to remain. The category of the person of whom they are dependent is irrelevant. I don't know of any exceptions to this.

@mudassar_ali: I'll look when I get the chance and let you know.

mudassar_ali
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Post by mudassar_ali » Thu Jan 14, 2010 2:36 pm

Hi

It will be really great help from your side.

I will wait for your reply.

Thanks

coolwater267
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Post by coolwater267 » Thu Jan 14, 2010 6:26 pm

I think she can apply.
Please see the link below
http://www.immigrationboards.com/viewto ... highlight=

coolwater267
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Location: London

Post by coolwater267 » Thu Jan 14, 2010 6:29 pm

Just to add more. I think rules for HSMP (JR) different.
Anyways I am applying on 27th. I can update you with the outcome later.

ouflak1
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Post by ouflak1 » Thu Jan 14, 2010 7:16 pm

coolwater267 wrote:I think she can apply.
Please see the link below
http://www.immigrationboards.com/viewto ... highlight=
Just to quote from the HSMP Judicial Review Policy PDF
UKBA wrote:The immigration status of dependants of migrants in the categories covered by this policy will follow that of the principal applicant.
I could certainly interpret this to mean that you can apply with a dependent under the judicial review and they would automatically attain your settlement status without having to meet any residency requirement. Ofcourse I'm not a case worker, but the HSMPs have had things fairly well going their way as far as the rules changes are concerned, so this would be consistent. Good luck!

@mudassar_ali: My letter says exactly the same thing. I don't think this is important. I think what is important is that you were working legally within that 28 day period after your previous employment stopped (with consideration for an application in-process ofcourse). Hope this helps.

geriatrix
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Post by geriatrix » Thu Jan 14, 2010 7:50 pm

I, like many others, would be ecstatic if this is how it works!

regards
Last edited by geriatrix on Fri Feb 05, 2010 1:33 am, edited 1 time in total.

geriatrix
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Post by geriatrix » Thu Jan 14, 2010 7:57 pm

UKBA wrote:The immigration status of dependants of migrants in the categories covered by this policy will follow that of the principal applicant.
Could mean to say that the dependents have the same legal rights to stay / work / live in UK as the principal applicant ..... and, more importantly, has the same limited leave (to enter/remain in UK) as the principal applicant.

I wish I am wrong in my understanding of the JR judgment as it relates to dependents ILR eligibility! :wink:

Guess we will know for sure when coolwater267's application gets decided upon.

regards
Last edited by geriatrix on Wed Jan 27, 2010 5:09 pm, edited 2 times in total.

mudassar_ali
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Post by mudassar_ali » Thu Jan 14, 2010 8:04 pm

Hi Ouflak1

Really thanks for the help.

Just to make sure when you say

"I think what is important is that you were working legally within that 28 day period after your previous employment stopped"

i think you mean to say one can be here legally within 28 days time but not working as one can start working after the new work permit approval letter.

Sorry for asking for picking up every word, but i think you can better understand my situtation when you are about to apply.

Waiting for reply.

Really thanks

John
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Post by John » Thu Jan 14, 2010 8:17 pm

ouflak1, many thanks for posting that. I must admit that when people started posting about the Cardiff PEO that I thought, "no that cannot be right!". I knew they had opened a biometric centre there, but a PEO?

And even now, and I have just checked on the UKBA ... see this UKBA webpage ... and look down the right-hand column, and is there a Cardiff PEO listed? No!

So ouflak1 your post is especially helpful, because it explains just how the "Cardiff PEO" is operating. That is, it is not a real PEO, yet, and that explains that whilst the visa decisions were taken in Cardiff, the passports had to be sent to Sheffield for the visas to be inserted.

Hopefully the "Cardiff PEO" will will be granted full PEO status, and be able to issue its own visas, in the near future.

By the way ouflak1, and I suspect I know the answer, but let's clarify, the level of fee charged? The PEO level, or the postal level?
John

ouflak1
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Post by ouflak1 » Thu Jan 14, 2010 8:43 pm

mudassar_ali wrote: i think you mean to say one can be here legally within 28 days time but not working as one can start working after the new work permit approval letter.
This is correct.

John wrote:ouflak1, many thanks for posting that. I must admit that when people started posting about the Cardiff PEO that I thought, "no that cannot be right!". I knew they had opened a biometric centre there, but a PEO?

And even now, and I have just checked on the UKBA ... see *edit* this UKBA webpage *edit* ... and look down the right-hand column, and is there a Cardiff PEO listed? No!

So ouflak1 your post is especially helpful, because it explains just how the "Cardiff PEO" is operating. That is, it is not a real PEO, yet, and that explains that whilst the visa decisions were taken in Cardiff, the passports had to be sent to Sheffield for the visas to be inserted.

Hopefully the "Cardiff PEO" will will be granted full PEO status, and be able to issue its own visas, in the near future.

By the way ouflak1, and I suspect I know the answer, but let's clarify, the level of fee charged? The PEO level, or the postal level?
It is a real PEO office. I edited your link so you would get the page that does indeed list Cardiff. I did the premium in-person application and was charged for that. The only part of the ILR facility that Cardiff doesn't have that all of the other PEO's do have is the ability to print up those endorsements. Otherwise, you go through the exact same process you would at any other PEO except that you don't leave with your passports. You get them sent to you later by special delivery.

John
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Post by John » Thu Jan 14, 2010 10:37 pm

ouflak1, thanks for that correction. However it would be helpful if all UKBA lists of PEOs were the same. No wonder I was confused!

Seriously, that is great .... the more PEOs the better!
John

bpandrate
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Post by bpandrate » Tue Jan 19, 2010 2:14 am

Hi congrats,
As you have been to Cardiff PEO, i have an appointment in same PEO
I have a question to you pls. As i want to apply in person soon pls tell me will HO check your documents in first step or not if so will they advise you about any documents needed or not qualified yet kind of ...things before you pay your fee.

Cause as i might not be eligible in some cases or might be ..if they do advise after checking documents to go ahead for paying fee only i want to go ahead for applying as it cost too much , please could you tell me if this happens or not?

thanks in advance

ouflak1
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Joined: Mon Jul 06, 2009 11:59 am

Post by ouflak1 » Wed Jan 20, 2010 12:58 pm

bpandrate wrote:Hi congrats,
As you have been to Cardiff PEO, i have an appointment in same PEO
I have a question to you pls. As i want to apply in person soon pls tell me will HO check your documents in first step or not if so will they advise you about any documents needed or not qualified yet kind of ...things before you pay your fee.

Cause as i might not be eligible in some cases or might be ..if they do advise after checking documents to go ahead for paying fee only i want to go ahead for applying as it cost too much , please could you tell me if this happens or not?

thanks in advance
Yes. Infact, when we ran into the issue with my wife's visa, the officer at the counter doing the double-check specifically stated that he didn't want us to lose our money before we go ahead to a case worker. I think this is very important to the those people who actually have to deal face-to-face with the applicants.

I would suggest bringing up your concerns with the counter officer that calls you first. He goes through everything anyway. I don't think there would be a problem for him to go through specific stuff you're worried about, and even checking with a senior officer before proceeding to a case worker (as he did in our case). Good luck!

vinseh
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Post by vinseh » Wed Jan 20, 2010 3:20 pm

mudassar_ali wrote:Hi
Congratulations on your ILR. You have given quite useful information and document list.

My question is

Is there any gap between changing in employment? i.e. when your contract with 1st employer fininshed and contract with next employer started or they are overlapping?

Your answer will be quite helpful to me.
Waiting for your reply.

Thanks


Hi ouflak1,

Many congratulations on getting your ILR. I am about to apply for my ILR in March on the basis of 5 yr WP and I've got a similar concern like the one mentioned above.

I left my first job on 31st Dec 2006 and fortunately I had another job offer in hand and my new WP was actually applied 2 weeks before I left my first job. The WP was approved on 10th Jan but I never received the approval from the home office (probably lost in the post). My consultant had to request a reprint and as you might be aware the reprint usually bears the date it is printed on, hence the approval letter is dated 25th Jan. I started working for my new employer from 1st Feb. Do you reckon I'd be fine as far as the gap in WP employment is concerned. Is it a gap at all?

I would really appreciate advise from you

Thanks a lot in advance.
Vin

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