Dependent ILR – HSMP Forum judicial review (settlement in

[naumalik2010]

Hi,

My query is related to my WIFE ILR (indefinite status).

I am HSMP holder and wanted to apply for ILR after 4 yrs under HSMP JR policy (settlement in UK). My wife has recently joined me in UK after initial refusal in result of error by Visa Officer in Pakistan/Abu Dhabi embassy and after 9 months struggle, eventually my wife got visa. My ILR is due since 10-Sep-2010, but for simplicity I waited for my wife to arrive in UK. See below key dates relevant to my case:

• Received HSMP approval letter: 13-MAR-06
• Entry clearance: 03-MAY-2006
• Entry in UK: 09-SEP-2006
• HSMP Extension granted: 10-JUL-08 until 01-MAY-2011
• Got married: 10-AUG-2009
Summary of my wife visa – dependent:
• Dependent visa Application Submission Date: 19-JAN-2010
• Decision letter for refusal of entry clearance: 09-APR-2010
• Appeal case submitted (review): 27-APR-2010
• Email received for submission of passport :05-AUG-2010
• Visa stamped (from ABU DHABI): 06-SEP-2010 until 01-MAY-2011
• Passport returned n collected: 21-SEP-2010
• Wife arrived in UK: 29-OCT-2010

For clarification on this issue, I checked by calling Home Office IEB (Immigration enquiry Bureau) @ 0870 606 7766 and got different answers i-e
1) YES, she can apply along with my ILR application.
2) NO, she has to spend 6 months before applying for ILR.
3) YES, she has to spend 6 months before applying for ILR however, since her visa was refused due to VISA officer mistake, she can apply with you.
4) NO, my wife has to spend 2 years before applying for ILR.

In order to avoid any complication I decided to apply in ‘in person’ and my appointment is schedule on mid next week ..I am really confused what to do and need help…..

• Can I apply for ILR along with my wife in same application? Or should she wait for 6 months or 2 years?
• Is there any template or case reference to quote in my application, this is to mitigate the risk related to case worker lack of knowledge and to avoid any further delays.
• List of document required? I am submitting my salary slip, P60, employer letter (stating my job title, period of employment), bank statement for 3 months.

Any TIP or advice or lesson learnt


Thanks in advance.

[vinny]

Dependants
29. The immigration status of dependants of migrants in the categories covered by this policy will follow that of the principal applicant.

Therefore, I think that

1) YES, she can apply along with my ILR application.

[naumalik2010]

Many thanks Vinny for your response.

Hi All,
I need your comments for listed below questions? Your prompt response is highly appreciated as I have appointment booked for this week.

1. Employment letter – do I need a basic employment letter, confirming my job title, period of employment or require additional details i-e salary, number of holidays taken etc? Please advice
2. ESOL and Life in the UK test certificate - My assumption is, as I receive HSMP approval before April 2006 (received on March06) hence I along with my dependent do not require these test, is this correct?
3. I have changed few addresses and to my knowledge I have not / not aware of any criminal conviction (including traffic offence) is there any website or agency to counter check (like Experian/EquiFax)?
4. Do I need cover letter for PEO appointment?
5. Do I need proof of accommodation/tenancy contract, proof of address or photo ID along with my application?
6. Does my wife needs any additional document for my dependent (wife) i-e proof of relationship, bank statement, proof of address etc?
7. If, hopefully my application accepted and I have been granted ILR, will it be Backdating ILR for HSMP JR review candidate i-e when my ILR is due? or date when I submit my ILR application or when ILR granted.

Best regards,

[naumalik2010]

Can anyone update please?

Cheers,

[xyz123]

Many thanks Vinny for your response.

1. Employment letter – do I need a basic employment letter, confirming my job title, period of employment or require additional details i-e salary, number of holidays taken etc? Please advice
2. ESOL and Life in the UK test certificate - My assumption is, as I receive HSMP approval before April 2006 (received on March06) hence I along with my dependent do not require these test, is this correct?
3. I have changed few addresses and to my knowledge I have not / not aware of any criminal conviction (including traffic offence) is there any website or agency to counter check (like Experian/EquiFax)?
4. Do I need cover letter for PEO appointment?
5. Do I need proof of accommodation/tenancy contract, proof of address or photo ID along with my application?
6. Does my wife needs any additional document for my dependent (wife) i-e proof of relationship, bank statement, proof of address etc?
7. If, hopefully my application accepted and I have been granted ILR, will it be Backdating ILR for HSMP JR review candidate i-e when my ILR is due? or date when I submit my ILR application or when ILR granted.

Best regards,

1- Employer letter is usually asked for.

2- YEs, please read the form. It is very clear. I quote this from section 4
"You are not required to complete this section if you are applying in one of the following categories: highly skilled migrant under the terms of the HSMP ILR judicial review policy document; ex-HM Forces (or as the spouse of such a person); or bereaved partner. If you are applying in one of these categories, go to section 5.". Can not be more clearer

3- No

4- Not required but u can prepare one if u want

5- Photo Id is ur passport. If u have other docs then take them. Bank statements should be proof of address.

6- your marraige certificate (+ take other docs if available)

7- Normally it will be date of applicaton, but for HSMP guys i saw something on this forum last week saying it might be different. So i dont have a definite answer.

[naumalik2010]

Hi, xyz123 many thanks for your reply.

[naumalik2010]

More question, sorry but sometime simplified things get overlooked and HO are looking for these small bit to delay/refuse case.

1. Bank statement – I subscribed for paperless statement however for my ILR case I visited local bank branch and got bank statement for last 4 months, however they gave me printout on bank’s letterhead (showing bank logo) but they refuse to sign/stamp this statement due to compliance procedure. Will this statement will be ok?
2. I am taking original document for my PEO appointment; do I take additional copy of these docs for HO record?
3. Do I need bring all pay slip since I am working (i-e for last 3yrs) or letter from company along with P60 and last 6 months statement will fulfil the requirement?

Kind regards,

[brandneu]

More question, sorry but sometime simplified things get overlooked and HO are looking for these small bit to delay/refuse case.

1. Bank statement – I subscribed for paperless statement however for my ILR case I visited local bank branch and got bank statement for last 4 months, however they gave me printout on bank’s letterhead (showing bank logo) but they refuse to sign/stamp this statement due to compliance procedure. Will this statement will be ok?
2. I am taking original document for my PEO appointment; do I take additional copy of these docs for HO record?
3. Do I need bring all pay slip since I am working (i-e for last 3yrs) or letter from company along with P60 and last 6 months statement will fulfil the requirement?

Kind regards,

With regards to your question from above (before this one No 7) IF you are applying under the JR, the date in your passport will the date of your application, however you get an additional letter stating that your ILR was back-dated to the date when you were due to apply after 4 years.

With regards to the bank statements I can only say that they bank sent us the bank statment home as i also have online banking, so am not sure if any one has used this kind of statements before.

2. You don't need copies, they will make any they need there just take all your originals.

Take as many payslips and P60s as you can find, 6 months bank staments will do.

My advise is based on the fact that my husband and I got our ILR today and it was based on the JR, he did not have all is P60s but told them he did not think he needed them, but he had a lot of his old payslips and the recent ones.

Also a point i want to also let those who are doing a different job due to the recession from what they came in with - HSMP, we were told it does not matter, as long as you are working now and they can check the the payslip corresponds with the amount going into your bank account, you will be fine.

All the best

[naumalik2010]

Thanks brandneu.

I am applying at PEO and my case is HSMP JR (no WP) and working with single employer since Jan 07 i-e economically active after searching job for 3 months (entry in UK:Sep06). I assume it wont impact my case.

2 more queries.

1-While filling online ILR SET(O) form under ‘Dependent who is also applying’ in OTHER NAMES field, I typed my wife first name and submitted the online form and paid fee. When I took print out I realised I did mistake and added her full name (i-e first and last) in mentioned above field manually. Will this be OK, as I submitted online application with different name?

2- Need clarification related to ‘Supporting document’ section field ‘Your biometric Residence Permit’ (if you have issue one of these UK). What is this? Is this Limited Leave to remain (FLR) Residence Permit stamped on extension? I am not sure if it is biometric, can anyone confirm please?

Many thanks,

[brandneu]

Thanks brandneu.

I am applying at PEO and my case is HSMP JR (no WP) and working with single employer since Jan 07 i-e economically active after searching job for 3 months (entry in UK:Sep06). I assume it wont impact my case.

2 more queries.

1-While filling online ILR SET(O) form under ‘Dependent who is also applying’ in OTHER NAMES field, I typed my wife first name and submitted the online form and paid fee. When I took print out I realised I did mistake and added her full name (i-e first and last) in mentioned above field manually. Will this be OK, as I submitted online application with different name?

2- Need clarification related to ‘Supporting document’ section field ‘Your biometric Residence Permit’ (if you have issue one of these UK). What is this? Is this Limited Leave to remain (FLR) Residence Permit stamped on extension? I am not sure if it is biometric, can anyone confirm please?

Many thanks,

Hmm am not sure as we did not use the online form, but as long as you have all your documents to back up your wife, I think you should be fine, I would however suggest you also print another form if you can manually and fill that correctly, just in case, and explain you made a mistake, if you have time before your interview you can call to enquire.

The biometric residence permit is being issued gradually to people with an immigration status, it will show what your status is and what restrictions you have on your visa, it will also show employers your status. We didnt have it. If you do have it you will know, its like an identity card of some sorts.

IF you dont have it, just don't bother about it.

[naumalik2010]

Got my ILR however my wife ILR denied. Do not know what to do now?

Re:http://www.immigrationboards.com/viewto ... 210#427210