Permanant Resident ILR Visa

Hi ,
Request your help on all
My details
I had a HSMP valid from 2008 Jan to 2010 Jan
I was in UK from Mar 2008 till Oct 2009 , extended my Visa (toTier 1) from Jan 2010 to Jan 2012 .
came back to UK on the May 2011 and been in the UK since then . All on a Tier 1 Visa , My Current Visa expires 2017 October
My Questions #
1. Can i apply for a PR on April 2016 as i will complete 5 year stay within UK May 2016 .
2. My Wife is living with me since July 2011. She was out of country on Maternity (to india ) from Jan 2016 till June 2015 .We ensured she was not out of country for more than 180 days. Can i apply for her PR along with my application ?
3. My Daughter was born in India (Mar 2015 in India , was there for 3 months) and has a Indian Passport . She is with me in the UK on dependant visa since the July 2015 Can i apply for here PR along with Mine ?

4. DO i need NARIC when i could extend my visa with the certificates I had with a supporting letter stating the degree was taught in ENGLISH ?

5. DO i need to show proof of days i was out of office (Company letter) , or a letter supporting when and how many days i was out of UK .

Thanks

1. Yes, provided you meet all the requirements

2. Yes

3. Yes

4. B1 English or equivalent required. See this link (click)

Thanks CR001 ,
any comments on question 5 ? .
Also , wondering why NARIC is needed when I have used theEnglish Degree and the letter provided by my university stating that my degree was taught in English .During the TIER 1extension , I used the PBS printout that listed my university name and the points awarded against it . The UKBA accepted this document and provided the extension , I assume they must have been happy with that .
Also , now i am not able to get a printout from PBS as the PR category is not listed in the dropdown to check the points .

Any comments on point 5 anyone and anything i need to be careful about ?

5. It can be proved with in/out stamps on your passports or if you can produce the airline tickets for that purpose.

Thanks rizarifpk123456, wanted to know if these documents are needed in first place. understand that more the documents (though not needed) may be a safety measure but trying to understand if this is mandatory.

ALso , wanted to check if i can apply for PR in April , i can apply for my wife little later (June July) and then for my daughter a little later due to financial issues.
If I get my PR and not apply for my dependants , their Tier 1 dependancy visa (valid till 2017 Oct) does not make any sense ? or will it it be still vvalid ? .Will It will be mandatory for me to apply for them together with my application ?

PR has a special meaning in the context of EU migration.

You are on the UK migration route and aiming for ILR (settled status), not PR.

Vrishank_12 wrote:ALso , wanted to check if i can apply for PR in April , i can apply for my wife little later (June July) and then for my daughter a little later due to financial issues.
If I get my PR and not apply for my dependants , their Tier 1 dependancy visa (valid till 2017 Oct) does not make any sense ? or will it it be still vvalid ? .Will It will be mandatory for me to apply for them together with my application ?

You can apply for your wife and daughter at a later date. Preferable to apply for wife and daughter at same time. Where was your daughter born (country)?

Your dependents can continue as Tier 1 Dep and not, it is not mandatory for them to apply at the same time as you. The rules do allow this.

Thanks CR001 ,
Yes, My daughter was born in India , I had brought her to the UK when she was 3 months old.

Should i Provide any letter detailing my absence from country in the last 5 years or show the list of holidays taken in the different companies i worked in the last 5 years ?

Thanks,

Yes you need to provide proof of absense in the form of a letter from employer for paid/unpaid holidays. If a previous employer is unable to provide you with such a letter, you can explain this in a cover letter and also submit email communication where they state they are unable to provide one.

For English language you can submit a printout of the PBS summary as a Tier2 to show the university listing if applying prior to 6th April. You will need to pay for a NARIC certification post 6th April.

Additional info: Although doesnt matter in your case, the 180 day rule doesnt apply to your dependent spouse.

Satisfying English language requirement after 6th April,
http://www.naric.org.uk/visas%20and%20nationality/

Discussion thread here,
http://www.immigrationboards.com/uk-tie ... l#p1319429

Hi .
I was employed by an Indian company (based in India) from May 2011 to Jan 2012.I came to UK in May 2011 (I held a Tier 1 VISA valid from 2010-2013 so did not use the usual Business visitor visa from the employers )
My payroll was in India but I was paid per diems in London from May till December 2011. Taxes were paid here regularly and I have the salary slips .
As explained earlier, I was holding a Tier 1 General visa in this period.

In the year Jan 2012 I took up a Job in UK using the same tier 1 Visa and been in the UK since then .
so In 2016 May , will I fulfil the 5 year qualifying period. Can you please let me know, I hope I am clear

Thanks,
Santosh

Legally your eligibility period will start from Jan 2012. But now a days home office checking HMRC records directly for all ILR and naturalization applications, So you can't claim your eligibility from May 2011 to Jan 2012.

Better to apply Dec 2016 based on 28days rule.

Regards,
suresh

Thanks Suresh . I do have payslips showing perdiems and the NI coributions made against that with a TAX code. I have checked a with HMRC and they do have a record of my details . I am not sure how the payment worked since my actual employer in India is a subsdiary of the company in London. Do you think I am okay here ?

Vrishank_12 wrote:so In 2016 May , will I fulfil the 5 year qualifying period.

Yes.

haiksuresh wrote:Legally your eligibility period will start from Jan 2012.

Incorrect. You period of continuous stay starts from May 2011 when you first entered the country. Even if you hd been unemployed until Jan 2012 that would not matter as you entered on a Tier 1 General visa.

So yes as geritrix has pointed out already, you will be eligible in May 2016 subject to 28 day rule.

Hi All ,
I came to this country in March 2008 with HSMP (Born May 82), I was 25 then. this was valid till Jan 2010 . However , I extended this Visa in the month of Nov 2009 to Tier 1
the validity this time is (2010 Jan -2013 Jan) .I claimed points with Age as 25 as per the guidelines)
I left to India in Dec 2009 after my extension and was in India for a year and half and came back to UK in May 2011. Hence I have lost the ILR qualification period of stay from 2008 to 2010 since I was out of country for more than 180 days.

In Dec 2012 Dec , I had another extension to tier 1 (extension) valid till 2017.
Now in May 2016 I am eligible for ILR based on my stay from May 2011 to May 2016.
I understand its always the age at first entry but my case is little different as ILR eligiblility period is calculated from 2011

What points can I get for my Age ? ( will it be Age based on 2011 or my initial entry in 2008)

2011

Vrishank_12 wrote: I understand its always the age at first entry but my case is little different as ILR eligiblility period is calculated from 2011

Just because your continuous residence was broken due to excessive absence in a given 12 month period in the preceding years of stay in UK "doesn't make your case any different" with regards to how points for age are calculated for settlement as a Tier 1 G migrant.

And, please keep your queries about ILR application in a single topic.

Thanks Guys ,
One more thing . will i need to get NARIC for my WIfe (dependant) , She is working in the UK for the last 5 years , I have got the NARIC letter . was wondering if my Wife needs that .

Thanks,
Santosh

What immigration application is she applying for?

Is your NARIC letter and ELA confirmation etc.?

ILR dependant , I am the main candidate

Unless exempt, applicants (principal or dependant) must fulfil KoLL requirement and provide the prescribed supporting evidence.

Thanks guys , I am reading
https://www.gov.uk/government/uploads/s ... _clean.pdf , I hope this is more or less correct

Page 11
This page tells you how an applicant can meet the knowledge of language and life (KoLL) in
the UK requirement.
A person must meet the requirement by:
 passing the Life in the UK test
and one of the following:
 having a speaking and listening qualification in English at B1 level or above of the
Common European Framework of Reference for Languages (CEFR)
 having a degree that was taught in English
 being a national of an English-speaking country

If i am not wrong , I think point 2 is the one that matters ? point 3 in NARIC ?
I have a letter from university that my degree was taught in English and so for my wifeas well which has been used for both the extensions (Tier 1 extended twice).

This thing is really confusing , However , to prevent any risks , I have taken NARIC , will submit an NARIC application for my wife as well ,

I still dont think this is needed , but just a safety thingy .. Please let me know what you think

Vrishank_12 wrote:Thanks guys , I am reading
https://www.gov.uk/government/uploads/s ... _clean.pdf , I hope this is more or less correct

Page 11
This page tells you how an applicant can meet the knowledge of language and life (KoLL) in
the UK requirement.
A person must meet the requirement by:
 passing the Life in the UK test
and one of the following:
 having a speaking and listening qualification in English at B1 level or above of the
Common European Framework of Reference for Languages (CEFR)
 having a degree that was taught in English
 being a national of an English-speaking country

If i am not wrong , I think point 2 is the one that matters ? point 3 in NARIC ?
I have a letter from university that my degree was taught in English and so for my wifeas well which has been used for both the extensions (Tier 1 extended twice).

This thing is really confusing , However , to prevent any risks , I have taken NARIC , will submit an NARIC application for my wife as well ,

I still dont think this is needed , but just a safety thingy .. Please let me know what you think

Why do you think so? A statement from NARIC is a mandatory requirement for ILR applications post 6th April 2016 and just a letter from the university will not do (alongside PBS calculator summary sheet), even if used in the past successfully for extension applications . This is mentioned in Q3 in the FAQ link(click) provided by geriatrix in the earlier comment with a reference to the UKVI publication(click) that states this.

See this document point 7.20 in page 6(click).