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Questions related to ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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apahuja
Newbie
Posts: 34
Joined: Mon Apr 01, 2013 2:21 am

Questions related to ILR application

Post by apahuja » Mon Apr 01, 2013 2:44 am

Hi All,

I have some questions regarding ILR application and will appreciate your help.

Details:

Main applicant --

WP EC date: 24 April 2008
Entry Date in UK: 22 May 2008
Then switched to Tier 1 (in the UK)
Tier 1 EC date: 07 Oct 2008
Extended Tier 1
Current Tier 1 expires: 13 Oct 2013

Wife:

Visa : Tier 1 dependant
Entry Date in UK : 01 Aug 2008
Other dates same as main applicant, switched to tier 1 dependant

Child (born in uk)

Tier 1 dependant: visa expires 13 Oct 2013

Questions:

1. When is the earliest date I will be eligible for ILR application (set(0))? I already have one booked for 19 april 2013..so wondering if I need to change?
2. Tier 1 dependant entry in Uk is exceeding 90 days from entry clearance date, will it have any effect on ilr eligible date?
3. I want to apply for settlement for myself and wife and after settlement planning to register child as British Citizen (hoping ILR application approval). Is it possible or do I need to apply for another dependant while applying for set(0) ILR ? are there any catches which I missed?
4. My wife was away for more than 180 days in 2012 due to medical reasons, will it have any impact on application ? Do I need to specify her absence days anywhere in the form / covering letter like main applicant?
5. We stayed 10 months (Dec 2011- Sep 2012) with our relative so do not have any tenancy agreement/utility bill /council tax on our name to show as cohabitation proof. Does joint bank statement and NHS medical card of that address for each will suffice? or do we get any other letter from our relative stating that we stayed with them?

For now I have these questions :) and I am sure will have some more. Please reply . I will appreciate your help.
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apahuja
Newbie
Posts: 34
Joined: Mon Apr 01, 2013 2:21 am

Waiting for response

Post by apahuja » Mon Apr 01, 2013 11:26 am

Please members respond to any of my query. Need your help. Thanks
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cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Questions related to ILR application

Post by cs95tdg » Tue Apr 02, 2013 8:19 pm

apahuja wrote:WP EC date: 24 April 2008
Entry Date in UK: 22 May 2008
Then switched to Tier 1 (in the UK)
Tier 1 EC date: 07 Oct 2008
Extended Tier 1
Current Tier 1 expires: 13 Oct 2013

Wife:

Visa : Tier 1 dependant
Entry Date in UK : 01 Aug 2008
Other dates same as main applicant, switched to tier 1 dependant

Child (born in uk)

Tier 1 dependant: visa expires 13 Oct 2013

Questions:

1. When is the earliest date I will be eligible for ILR application (set(0))? I already have one booked for 19 april 2013..so wondering if I need to change?
2. Tier 1 dependant entry in Uk is exceeding 90 days from entry clearance date, will it have any effect on ilr eligible date?
3. I want to apply for settlement for myself and wife and after settlement planning to register child as British Citizen (hoping ILR application approval). Is it possible ?
4. My wife was away for more than 180 days in 2012 due to medical reasons, will it have any impact on application ? Do I need to specify her absence days anywhere in the form / covering letter like main applicant?
5. We stayed 10 months (Dec 2011- Sep 2012) with our relative so do not have any tenancy agreement/utility bill /council tax on our name to show as cohabitation proof. Does joint bank statement and NHS medical card of that address for each will suffice? or do we get any other letter from our relative stating that we stayed with them?
You should begin by reading the ILR FAQ and BC FAQ as these questions would be addressed by doing so.
ILR FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378
BC FAQ: http://www.immigrationboards.com/viewtopic.php?t=95747
1) 28 days before the 5th anniversary from your WP EC date, as you first entered the UK within 3 months of EC.
2) Delayed entry in itself will not have an effect. But she must satisfy the residence requirement outlined under "Q12 - Will my spouse / partner qualify with me for ILR?" under the ILR FAQ sticky mentioned above.
3) Yes. See the section for Children under the BC FAQ sticky mentioned above.
4) No, dependents are not subject absence thresolds - but you can always include a cover letter/medical evidence, if she spent extensive time away which could be construed as her not meeting the dependent residence requirement mentioned under 2). Reading "Q16 - Maximum absences from the UK (economic migrants)" would have helped here.
5) See "Q19 - What documentary evidence(s) should I use to prove cohabitation?" under the ILR FAQ sticky above. Note that ideally cohabitation evidence should cover your wife's residence period - 2 years. You can use evidence from as many different sources as you wish - but read the guidance to understand what is required.
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Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Tue Apr 02, 2013 8:30 pm

If you could not GET a PEO appointment exactly before the 28th Day before EC date, certainly you could apply in the 28days window. Please read the FAQs,where this has been explained very clearly.
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Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Tue Apr 02, 2013 8:40 pm

Kevin24 wrote:If you could not GET a PEO appointment exactly before the 28th Day before EC date, certainly you could apply in the 28days window. Please read the FAQs,where this has been explained very clearly.
Sorry I forgot.If it is a Postal application you could post your documents on the 28th Day before EC date.
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apahuja
Newbie
Posts: 34
Joined: Mon Apr 01, 2013 2:21 am

thanks

Post by apahuja » Tue Apr 02, 2013 11:02 pm

Thanks cs95tdg and kevin24 for the answers.
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Tier1toILR
Newbie
Posts: 43
Joined: Wed Apr 17, 2013 5:00 pm

Post by Tier1toILR » Thu Apr 18, 2013 12:26 pm

Hi apahuja,

Are you still going for PEO tomorrow?

If yes, request you to share your experience here.

Thanks.
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apahuja
Newbie
Posts: 34
Joined: Mon Apr 01, 2013 2:21 am

rescheduled

Post by apahuja » Thu Apr 18, 2013 1:11 pm

Tier1toILR wrote:Hi apahuja,

Are you still going for PEO tomorrow?

If yes, request you to share your experience here.

Thanks.
I have rescheduled and I will be going for it end of april , will share after that.
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sgannamani
Newly Registered
Posts: 1
Joined: Tue May 20, 2014 5:46 pm

Re: Questions related to ILR application

Post by sgannamani » Fri May 30, 2014 12:27 pm

I am on Tier1 (General) since Jan-2009 and My wife has dependent Visa

My wife entered into the UK for first time 11-November-2009 and she got the Visa from 23-March-2009

She went for holidays to India From 07-Dec-10 to 19-Jan-11 for 44 days
She went to India from 05-Jun-12 to 26-Jan-13 for 236 days
She went to India from 19-May-13 to 19-Jul-13 for 62 days
She went to India from 19-Dec-13 to 09-Jan-14 for 22 days

We both went for Visa Extension for 2 times
1. Extended Visa on 08-Nov-2011
2. Extended Visa on 11-Oct-2013

She lived in UK more than 2 years but not continuously in recent 2 years . I am going for ILR application on 4th July 2014.
Is she eligible for ILR along with me?
If yes can you please tell me the requirements?
If No how long she needs to wait for ILR eligibility?
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