ILR for Tier 2 General and Dependants

jijo9914 · Post by **jijo9914** » Sat Jan 03, 2015 7:21 pm

Hi,

Me and My wife are due to apply for ILR in July basis on our completion of 5 years of employment as NHS Nurse. My wife came in as Tier 2 General Migrant in October 2010 and I came in as her dependant in June 2011. I would like the administrators to help on my below questions.

Q1. Will SMP and SPP considered as Public Funds? My employer has paid my SPP on top of my salary during my leave, is there any problem if I am paid the SPP above my salary (I was on 2 weeks paternity leave during that time).

Q2. What are the supporting documents we need to supply for the ILR application?

Q3. We only have a tenancy agreement which includes all the bills, so we do not have a separate utility bill with us..

Q4. We have bank statements to cover as address proof or utility bill.

Q5. And finally we have been blessed with a baby girl 2 months back for whom we have not applied for any documentation as we are waiting for us to get the ILR and then apply for her British Citizenship. Is it fine for us to wait

Thank you in advance for taking time to respond to my queries.

Malik44 · Post by **Malik44** » Sun Jan 04, 2015 1:51 am

jijo9914 wrote:Hi,

Me and My wife are due to apply for ILR in July basis on our completion of 5 years of employment as NHS Nurse. My wife came in as Tier 2 General Migrant in October 2010 and I came in as her dependant in June 2011. I would like the administrators to help on my below questions.

Q1. Will SMP and SPP considered as Public Funds? My employer has paid my SPP on top of my salary during my leave, is there any problem if I am paid the SPP above my salary (I was on 2 weeks paternity leave during that time).

No these funds don't effect your ILR

Q2. What are the supporting documents we need to supply for the ILR application?

For documents required read this post
http://www.immigrationboards.com/indefi ... s#p1125726

Q3. We only have a tenancy agreement which includes all the bills, so we do not have a separate utility bill with us
Q4. We have bank statements to cover as address proof or utility bill.

If your questions are regarding Cohabitation documents then Proof of cohabitation ideally spread over the 2 years, either in joint names or in each name. One joint letter (or one letter in each name) over a 4 month period from 3 different sources spread over the 2 years is the minimum and mandatory requirement if you or your spouse/partner apply ILR together .
Documents can be
NHS letters
Property inspection report
bank statements
HMRC letter
rental agreement
Gas Elect Water bill
Mobile bills
child birth certificate
NI letter
Driving licence
and any document issued by government authority etc

Q5. And finally we have been blessed with a baby girl 2 months back for whom we have not applied for any documentation as we are waiting for us to get the ILR and then apply for her British Citizenship. Is it fine for us to wait

Yes you can wait as long as you dont have any travel plan and also you can skip her from ILR application and once granted both or one parent ILR the child will be eligible to apply for British registration on MN1 form.

Thank you in advance for taking time to respond to my queries.

jijo9914 · Post by **jijo9914** » Mon Jan 05, 2015 1:43 pm

Hi Malik,

Which form should I use SET (O) or FLR (O)?

In case of SET (O) do i still need to show documents for cohabitation as I do not have many documents with us.

Thank you.

Malik44 · Post by **Malik44** » Mon Jan 05, 2015 5:39 pm

jijo9914 wrote:Hi Malik,

Which form should I use SET (O) or FLR (O)?

Set (O)

In case of SET (O) do i still need to show documents for cohabitation as I do not have many documents with us.

Yes you need to show cohabitation documents Proof of cohabitation ideally spread over the 2 years, either in joint names or in each name. One joint letter (or one letter in each name) over a 4 month period from 3 different sources spread over the 2 years is the minimum and mandatory requirement if you or your spouse/partner apply ILR together.

Thank you.

jijo9914 · Post by **jijo9914** » Thu Mar 26, 2015 10:55 pm

Hi,

What would be the time frame for the mn1 application and for british citizenship. What visa do we need for my her baby visit india to meet her grand parents and the processing time for that visa?

Thank you.

jijo9914 · Post by **jijo9914** » Sat Aug 01, 2015 9:57 am

Hi,

Experts pelase help with my query...

My wife is the main applicant (TIier 2) and I am the dependant to her. We are applying for ILR next month.

1. Do we need to get a letter from employer confirming the annual holidays we had in last 5 years. She works with the same employer for the last 5 years. We were outside UK only for 90 days in the last 5 years.

2. She was on Maternity leave from Septmber 2014 to March 2015. Do we need a letter from employer to confirm this as well?

Thank you.

geriatrix · Post by **geriatrix** » Sat Aug 01, 2015 10:05 am

1. Letter from employer
2. If she wasn't in the UK during her maternity leave, then yes.

jijo9914 · Post by **jijo9914** » Sat Aug 01, 2015 10:20 am

Hi Sushdmehta,

1. Thank you.
2. Yes, she was in the UK during the maternity leave. As she is the main applicant and her earning in the last P60 if falling under the salary required under the SOC code. On her payslips it clearly says that she was paid SMP from September to March. What do you suggest? Section 5.6 on the SET O form.

Regards.

geriatrix · Post by **geriatrix** » Sat Aug 01, 2015 10:28 am

The paragraph above 5.6 - Note the use of present tense.

jijo9914 · Post by **jijo9914** » Sat Aug 01, 2015 10:35 am

Thank you. Great Help...

jijo9914 · Post by **jijo9914** » Thu Aug 13, 2015 10:29 am

Hi,

I came to the UK in July 2011 on a tier-2 dependant visa. Now after reading many discussion panels I am bit confused about below;

1. Can I apply for ILR with the main applicant, having the completed 2 years as Tier-2 General Dependant in July 2013?

2. Will the self absence letter of the main applicant be enough to show the reasons of absence from the UK?
we have payslips for the months when we were absent from the UK. All the absence were just annual holidays.

Thank you.

geriatrix · Post by **geriatrix** » Thu Aug 13, 2015 1:26 pm

1. Q12
2. 245AAA, 245HF-SD(B)

jijo9914 · Post by **jijo9914** » Tue Aug 18, 2015 11:24 am

Hi,

Thank you for the feedback.

Currently I am in a lot of confusion created by my solicitor

1. The solicitor is advising me to include the annual leave dates in my employment letter. But my HR is refusing to do it as they do not have any information about the previous annual leaves. (I have payslips and bank statements to support this).

2. The solicitor has also advised to include the maternity leave we took from September 2014 to March 2015. As per Sushmedhta's previous reply we do not need this as we are not on maternity leave currently.

Can you please advise if we get a letter from her Manager to say that she was on paid annual holidays and also include the maternity leave.?

Thank you for the help and support.

geriatrix · Post by **geriatrix** » Tue Aug 18, 2015 1:54 pm

Where does "leave(s)" come into picture?
Ask your solicitor to you one document which talks about "leave(s)" when it comes to any immigration application, other than when on maternity leave immediately preceding an application has prevented the applicant to score necessary points for earnings (e.g. - Tier 1 (General)).

What matters and is relevant is "absences from UK" and I have given you the links to the immigration rules that detail the requirements.

jijo9914 · Post by **jijo9914** » Tue Aug 18, 2015 1:56 pm

Hi Sushdmetha,

Sorry My bad. The correct word he used is "Absence from UK".

geriatrix · Post by **geriatrix** » Tue Aug 18, 2015 1:58 pm

So you are saying that your employer is not willing to certify "absences from UK" for the principal migrant?
Who was absent from UK when on maternity leave? Principal migrant or dependant?

jijo9914 · Post by **jijo9914** » Tue Aug 18, 2015 2:00 pm

Wife is the main applicant.

She was not absent from the UK. She was on maternity leave from Sep 2014 to March 2015.

We were on annual holidays for less than 90 days in the last 3 years.None of the trip were for more than 30 days.

Thank you.

geriatrix · Post by **geriatrix** » Tue Aug 18, 2015 2:04 pm

jijo9914 wrote:Wife is the main applicant.

She was not absent from the UK. She was on maternity leave from Sep 2014 to March 2015.

Then why does your solicitor want that this be included in the letter from employer? Ask him/her.

jijo9914 wrote:We were on annual holidays for less than 90 days in the last 3 years.None of the trip were for more than 30 days.

Did you read 245AAA and 245HF-SD? If you don't have the letter from employer and the caseworker asks for it, then it will be up to you to convince him to use his/her discretion.

jijo9914 · Post by **jijo9914** » Tue Aug 18, 2015 2:09 pm

Hi Sushdmehta,

What his advise is to keep this letter (maternity leave) as a proof because she was not earning the required salary for that period.

She can get a letter from her manager regarding the paid annual leaves. We also have payslips and bank statements for the months we were absent from the UK.

Thank you.

geriatrix · Post by **geriatrix** » Tue Aug 18, 2015 2:29 pm

jijo9914 wrote:What his advise is to keep this letter (maternity leave) as a proof because she was not earning the required salary for that period.

Where does it say that she was supposed to (have been earning the same salary when on maternity leave)?

Anyways, you should read what the immigration rules say about documentary evidence(s) you need to provide. Will help you understand where your solicitor is wrong.

jijo9914 · Post by **jijo9914** » Tue Aug 18, 2015 2:31 pm

Thank you Sushdmehta..

jijo9914 · Post by **jijo9914** » Sun Aug 23, 2015 11:29 pm

Hi,

When I was compiling the documents today, I have found that the main applicants name is spelt wrongly on the hmrc letters. The name on payslips, P60's are correct. The NI Number on all the documents are correct.

Do I need to correct the name "ta" to "tha" before I go for my IlR application?

This seems like a minor spelling error.

Please advise. Thank you.

geriatrix · Post by **geriatrix** » Mon Aug 24, 2015 8:30 am

And you need HMRC letters because .......

mjm9691 · Post by **mjm9691** » Mon Aug 24, 2015 8:54 am

1. Just get an absence letter from your manager.
2. NHS HR don't keep records of leave.
3. Give a UK absence letter from your end as well detailing UK absences with reason and proof preferably E- Tickets and of course your passports would have the stamps as further proof.

jijo9914 · Post by **jijo9914** » Mon Aug 24, 2015 12:40 pm

Hi,

The name is misspelt on all the letters from hmrc. We were planning to keep this for the cohabitation purpose.

Also I don't know whether the home office would make any checks with hmrc.

Thank you.

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ILR for Tier 2 General and Dependants

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