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ILR for spouse(Applying separately)

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

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imtiyazm
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ILR for spouse(Applying separately)

Post by imtiyazm » Wed Apr 30, 2014 9:58 pm

Hi, I will be applying for my spouse's ILR next week. I have been granted ILR about a month ago. The reason I didn't apply together was because of eligibility.
She has been my Tier 1(G) dependant since Dec 2011 hence falls under the 2 year route...

I will be applying next week, Please can you cross check and let me know that the docs are correct
Please can you also specifically check the relevant cohabitation docs as I didn't get my wife's name added to any relevant utility bills when we started living at this address.

Completed SET(O) application form
photographs
myself 6 months payslips
myself 6 months bank statements
Life in the UK pass certificate
B1 Trinity pass certificate for English Language
Passports and BRP's

cohabitation Docs.

Both our names
council tax bill(both our names but is only the latest one)
Electoral registration letter from council(with both our names and since when we were registered)
Letter from GP(Both our names and address since we registered)
BUPA registration letter(Although is in my name but the letter has my wife as a member)
My second son's UK birth certificate(Not sure if I can use this?)
Tenancy agreements

Myself
Banks statements
Electricity bills
credit card statements

Wife's
various NHS letters
credit card PIN letter
Tier 1 General Extension Home Office letter
other general bounty letters

imtiyazm
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Re: ILR for spouse(Applying separately)

Post by imtiyazm » Thu May 01, 2014 4:38 pm

Hi, Please can Guru's respond.

Amber
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Re: ILR for spouse(Applying separately)

Post by Amber » Thu May 01, 2014 5:04 pm

Completed SET(O) application form
photographs
myself 6 months payslips (3 months)
myself 6 months bank statements (3 months)
Life in the UK pass certificate
B1 Trinity pass certificate for English Language
Passports and BRP's

For cohabitation proof:

One joint letter or a letter each for every 4 months since the last PBS dep extension, up to a max. of 2 years.

Don't add unnecessary documents.
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Fri May 02, 2014 7:58 pm

Is dependents stay 28 days after you ILR LEGAL?
I understand that ILR is granted with CANCELLING the current visa; on which dependents' visa was valid and hence dependents' visa automatically stand cancelled. Am I right? Sorry if I m WRONG.

Amber
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Re: ILR for spouse(Applying separately)

Post by Amber » Fri May 02, 2014 8:50 pm

You are wrong.
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat May 03, 2014 7:18 am

Amber thanks for correction.

My 2nd extension caseworker told me that visas of my dependents stand cancelled (which were valid apparently as extension was applied before time) as their visas were dependent on my first extension which has been cancelled and replaced with 2nd.

So if a principal applicant gets his/her ILR then his/her dependents' visas stay VALID till their current validity (based on extension; which doesn't exist now) before ILR? Please confirm. Thanks

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Re: ILR for spouse(Applying separately)

Post by Amber » Sat May 03, 2014 10:58 am

3.3(b) wrote:If an applicant was granted an initial period of leave to enter or remain as a PBS
dependant after 9 July 2012 but has not lived with their PBS partner for the
required 5 years in the United Kingdom at the date their partner is applying for
indefinite leave to remain then, provided their partner gained indefinite leave to
remain as a relevant points based system migrant, the applicant can apply for
further leave to remain under paragraph 319C (b) (iii) (1) or (2).

Provided they meet the remaining requirements of paragraph 319C they should
be granted a further period of leave 3 years under paragraph 319D (a) (ii).
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat May 03, 2014 3:34 pm

Yes; 3.3 demands dependents to to apply further leave to remain under paragraph 319C (b) (iii) (1) or (2) within 28 days of ILR approval of the principal PBS immigrant if dependents cannot apply ILR because their current Leave to Remain become cancelled/invalid as visa (Leave) of their principal on basis of which their Leave was valid/given/based.

Please correct and advise. Thanks

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Re: ILR for spouse(Applying separately)

Post by Amber » Sat May 03, 2014 5:10 pm

Where does it demand that?
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat May 03, 2014 5:59 pm

Hi Amber, thanks for your response; I m interpreting 3.3(b):
"If an applicant (DEPENDENTS) was granted an initial period of leave to enter or remain as a PBS dependant after 9 July 2012 but has not lived with their PBS partner for the required 5 years (but Dependents don't need full 5 years as they can apply with 2 years cohabit) in the United Kingdom at the date their partner (principal applicant) is applying for indefinite leave to remain then, provided their partner (principal applicant) gained indefinite leave to remain as a relevant points based system migrant, the applicant (Dependents) can apply for further leave to remain under paragraph 319C (b) (iii) (1) or (2). -----> so Dependents need to apply for FLR; why because Principal is shifting to ILR visa.

Please correct me or advise in my case guide me if I apply for ILR now ( I qualify for ILR but my and my dependents' 2nd extension PBS Tier 1 Gen is valid till Mar-2015 ); Will current visa of my dependents (leave to remain as my dependents who are living with me since last 4 years) remain valid and they can apply ILR any time before March-2015. Thanks

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Re: ILR for spouse(Applying separately)

Post by Amber » Sat May 03, 2014 6:20 pm

You're losing me here.

If you switch to FLR(M) from PBS dep after 6 April 2014 you'll be on a 5 year route to settlement with a Financial and English Requirement.

If you were first granted PBS dep leave after July 2012 and the main applicant was settled as a PBS applicant (5 years) you would need to be a PBS dep for 5 years before you could settle.

What are you having difficulty with?
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat May 03, 2014 7:11 pm

Amber
Thanks for help; Yeh this looks very complicated. So I request your advice just in my case below;

I m on PBS Tier 1 Gen Nov-2008 & Dependents got visa in Nov-2009; First extension Nov-2010 and 2nd extension: March-2013 (Due to long absence in 2009); Valid til Mar-2015

Now I qualify for ILR (continuous 5 years from Jul-2009) but dependents (ling with me since Aug-2010) not ready (LIUK test).

Question:

If I apply for ILR trhough PEO then after approval of my ILR; WILL current visa of my dependents (Valid til March-2015) remain VALID and they can apply soon after clearing LIUK?

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Re: ILR for spouse(Applying separately)

Post by Amber » Sat May 03, 2014 7:24 pm

Yes it will. Children can settle with you if they've been PBS deps since before July 2012 or if born in UK can register as British when you have ILR.
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat May 03, 2014 7:37 pm

Amber, I m sorry for failing to ask CLEARLY; still I have to ask as;

If I apply in Jun-2014 and my dependents apply in Mar-2015 or before soon they get LIUK-Pass; THEN their existing permit to leave will REMAIN valid or Noafter my ILR? Sorry no more after this. Thanks

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Re: ILR for spouse(Applying separately)

Post by Amber » Sat May 03, 2014 10:36 pm

If you apply for ILR as a PBS applicant (5 years) then can remain on their current leave until such times as they qualify for settlement or extend. The children should apply for ILR with you if they can (if they're pre July 2012 PBS deps).
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sun May 04, 2014 9:09 am

Thanks a lot for removing my confusions. Great Help.

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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat Jun 07, 2014 9:11 am

One more question,
"can under 18 children be included on the Set O form filled for Spouse of a PBS applying separately?". Thanks

Amber
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Re: ILR for spouse(Applying separately)

Post by Amber » Sat Jun 07, 2014 10:30 am

Yes, they may.
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Sarfi
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Re: ILR for spouse(Applying separately)

Post by Sarfi » Sat Jun 07, 2014 1:52 pm

Thanks a lot for the reply!

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Re: ILR for spouse(Applying separately)

Post by Sarfi » Tue Jun 17, 2014 7:32 pm

Hi Amber,
I m applying ILR for my Spouse and under 18 children on one SET O (Spouse main applicant and under 18 children dependents). But my spouse and children are all my dependent on me (in sense of visa/immigration). Will this be still ok to put them on on set O. Thanks

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Re: ILR for spouse(Applying separately)

Post by Amber » Tue Jun 17, 2014 8:45 pm

So far as you settled as a PBS applicant, yes.
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sofit
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Re: ILR for spouse(Applying separately)

Post by sofit » Mon Jan 19, 2015 10:07 am

Hi Gurus,

can you please help me, Last week I applied for my ILR based on Tier 1 gen and I got it,

I wanted to apply for my wife separately to save some money, first I was very clear I need to fill SET-O form for her but now I am very confused.

Which form I need to fill in for her ILR if I want to send it by post as she has been with her on T-1 for last five years.

Also what sections of the form I need to fill in if it is SET O and where can I state that she is my dependant

please help her visa is expiring next week.

thanks,

sofit
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Re: ILR for spouse(Applying separately)

Post by sofit » Mon Jan 19, 2015 1:21 pm

Can Some one please help

Hi Gurus,

can you please help me, Last week I applied for my ILR based on Tier 1 gen and I got it,

I wanted to apply for my wife separately to save some money, first I was very clear I need to fill SET-O form for her but now I am very confused.

Which form I need to fill in for her ILR if I want to send it by post as she has been with her on T-1 for last five years.

Also what sections of the form I need to fill in if it is SET O and where can I state that she is my dependant

please help her visa is expiring next week.

thanks,

sofit
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Re: ILR for spouse(Applying separately)

Post by sofit » Mon Jan 19, 2015 1:47 pm

Also what category I should select in the form.

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