ILR PEO deferred Apps - Further checks/Additional docs cases

askhan wrote:

jollyjolly wrote:Hi all,

As my husband's PEO ILR application is withheld for further enquires and its been 45 days and we havent heard anything yet,

and my leave as Tier 1 dependent is expiring next month, Can I send postal application for ILR dependent quoting my husband's case

reference number or should I apply for FLR(M) to extend my leave until he gets his decision?

Seniors please suggest.

Many thanks in advance.

Hi Mate.

Yes you can send your application by post, make sure you mentioned the with held status of husband application and the letter your husband received at the PEO.

hope this helps.

THanks
A

Thanks askhan, I have travel plans and cannot wait for so long as my application would also go on hold as my husband's application is withheld. Can I apply for FLR(M) and go ahead with my travel and come back to apply for ILR again?

jollyjolly wrote:Thanks askhan, I have travel plans and cannot wait for so long as my application would also go on hold as my husband's application is withheld. Can I apply for FLR(M) and go ahead with my travel and come back to apply for ILR again?

If you apply for FLR(M) by post :

1) you have to send your passport so not sure how you will travel and this application will also be put on hold till your spouse ILR application is decided as you don't qualify for FLR(M) until spouse is granted ILR and;

2) applying on FLR(M) will reset your ILR clock and you will have to wait a further 5 years before you can apply for ILR.

CR001 wrote:

jollyjolly wrote:Thanks askhan, I have travel plans and cannot wait for so long as my application would also go on hold as my husband's application is withheld. Can I apply for FLR(M) and go ahead with my travel and come back to apply for ILR again?

If you apply for FLR(M) by post :

1) you have to send your passport so not sure how you will travel and this application will also be put on hold till your spouse ILR application is decided as you don't qualify for FLR(M) until spouse is granted ILR and;

2) applying on FLR(M) will reset your ILR clock and you will have to wait a further 5 years before you can apply for ILR.

Thanks for your reply CR001. Sorry I dint get the second point, I am already eligible for ILR as dependant, why would my clock get reset if I apply for FLR(M)?

Hi Jolly,

When you apply FLR (M) it will reset the clock to 0 and you have to start from square 1, and I am sure you dont like to stay on visa for 5 more years.

I think staying over here is the only option, postponed your holiday if you can.

Hope this helps

jollyjolly wrote:

CR001 wrote: 2) applying on FLR(M) will reset your ILR clock and you will have to wait a further 5 years before you can apply for ILR.

Thanks for your reply CR001. Sorry I dint get the second point, I am already eligible for ILR as dependant, why would my clock get reset if I apply for FLR(M)?

Because switching to FLR(M) means a new 5 year route under Appendix FM and the rules that came into effect on 9th July 2012 and you will not be able to make up the 5 years with a combination of residence of PBS dependent and FLR(M). This would only be possible for ILR based on 10 years long residence.

You should have applied with your spouse as then you would have both been covered while the applications are in process. As you know, you will only qualify for ILR based on your current visa if your spouse is successful with his ILR application.

CR001 wrote:

jollyjolly wrote:

CR001 wrote: 2) applying on FLR(M) will reset your ILR clock and you will have to wait a further 5 years before you can apply for ILR.

Thanks for your reply CR001. Sorry I dint get the second point, I am already eligible for ILR as dependant, why would my clock get reset if I apply for FLR(M)?

Because switching to FLR(M) means a new 5 year route under Appendix FM and the rules that came into effect on 9th July 2012 and you will not be able to make up the 5 years with a combination of residence of PBS dependent and FLR(M). This would only be possible for ILR based on 10 years long residence.

You should have applied with your spouse as then you would have both been covered while the applications are in process. As you know, you will only qualify for ILR based on your current visa if your spouse is successful with his ILR application.

Thanks again. Does it mean I would only get ILR if my spouse gets it, and I would not have any right to apply for ILR even after staying for 5 years as PBS dependant?

Yes, because you were on T1G PBS, if you were on Student visa or any other visa for last 10 yrs then you can go fro ILR on your own.

So your ILR is currently dependent on your husband ILR, once his application will approved then you will get your status.

Hope this helps.

jollyjolly wrote:Thanks again. Does it mean I would only get ILR if my spouse gets it, and I would not have any right to apply for ILR even after staying for 5 years as PBS dependant?

Correct, as a Tier 1 Dependent, you will only qualify for ILR if your spouse (main applicant Tier 1) gets ILR, whether you apply together or you apply after your spouse. Your visa/immigration status is wholly dependent on your spouse's visa/immigration status, so you cannot apply for ILR if your spouse is refused or decision is delayed.

Thank you very much askhan and CR001 for your prompt replies!

Hi All,

I applied for ILR in Liverpool on Friday 19/06/15. After 2hrs, i will told they need to do further checks. I believe it has to do with the fact that I went into the application thinking i'm not slef employed, but appartently, even though I'm a director of a Limited Company and i get salary and Payslips, HO will always see me as self employed since i'm the SOLE director of the company. My caseworker was asking for proof that I'm paying NI and I couldnt point her to anything. However after getting home, i realised that the proof is already there [the Standing order payment on my business Bank Statement combined with my payslip.]

I dont know if this is the ONLY reason further checks is being carried out. But i sincerely hope it is. I have a few questions;

1] Has anyone used the Liverpool PEO before?

2] Is the Visa application [none PEO] processed centrally in one office or in different locations depending on where you attended your PEO?
3] If i am refused [ I hope to God this doesnt happen], can i REAPPLY for same thing within the 28days I have to leave UK and i will not be applying as an OVERSTAYER? Since there is no more appeal and if i know the reason i was rejected and can fix it immediately, i can as well put in same application again

The reason for the 2nd question is because i believe if they process the FURTHER CHECKS in the liverpool office, i will get a feedback within the next 1 month as i know they office IS NOT BUSY AT ALL (Only 4 of us were there for the whole 3hrs i was there and the staffs were pretty much gisting all through as they have nothing to do]. But if its processed centrally, then I may be in for another long wait...

I was to move from Tier 1 General to ILR
I used both Pay slips and dividend vouchers for my Visa application.


Please someone help.....

My friend recently got his ILR from Liverpool on 29 May 2015. As you are the director of your Ltd Co. so they will make sure that your earnings are genuine. Most of the times HO comes to know the applicant is director/self employed when some one claims dividends with the salary. I think they would not think or ask you any thing if you have claimed only salary because you would be considered only employee and every thing would be on your payslip like NI Deductions, Tax Deductions, Employer NI Contributions et. Your payslip will tell everything if they want to know anything. I do not mean that Director,s earnings are not genuine but they can ask you questions for being a director, like, what your company does, how you do it, what you do, who are clients, invoices, etc. In my humble opinion being an employee getting only salary would be better option.

I know atleast 5 dozen people who have got ILR using salary and dividend. Myself being one. It really depends what documents you submit. It is important that you submit a letter from your accountant explaining everything like NI, PAYE, VAT and corporation tax. Also submit buisness bank statements and invoices.

Husband applied for FLR m on 29th June at Liverpool and we got the letter saying valid but further checks

1. Is it system driven or is it case worker decision??

2. What is further home office checks this is what she said and that it takes a couple days to come back and that she will send documents to us along with our passports.

3. Would hubby going home lots raise issues but none were longer than 90 days max 3 weeks each time.

Hoping someone can shed light as provided all relevant docs! And he has completed 27mths which was issued from abroad as never was legal in uk and left of his own accord for us to have a life together and we have a 3 week old baby.

As he was never asked to leave nor did he overstay a visa as he never had one we answred no to questions 5.6 have you been deported etc and 5.7 have you overstayed a visa!

Make well over needed amount so not sure if any of above would stop decision on day?

Really stressed

HB1 wrote:Husband applied for FLR m on 29th June at Liverpool and we got the letter saying valid but further checks

1. Is it system driven or is it case worker decision??

2. What is further home office checks this is what she said and that it takes a couple days to come back and that she will send documents to us along with our passports.

3. Would hubby going home lots raise issues but none were longer than 90 days max 3 weeks each time.

Hoping someone can shed light as provided all relevant docs! And he has completed 27mths which was issued from abroad as never was legal in uk and left of his own accord for us to have a life together and we have a 3 week old baby.

As he was never asked to leave nor did he overstay a visa as he never had one we answred no to questions 5.6 have you been deported etc and 5.7 have you overstayed a visa!

Make well over needed amount so not sure if any of above would stop decision on day?

Really stressed

Hi Dear..

This is now quite normal for PEO's to withhold the applications and honestly NO ONE here would be able to tell you why they hold it.
You dont need to be stressed as so far all the application which is been withheld are eventually approved sooner or later.

We can only guess, it could be IT issues and they don't want to declare this to take the blame of ripping you for 1000's of pound.
Another reason would might depend the employment history of your husband.

Please advise what was your husband current visa, expiry, self employment or employment.
IF SE, then were all the tax paid on time.

Hope this helps.
Ak

Hiya

Thanks thats reassured me!

He is a sole trader so self employed but they used my info as i think she was being lasy and i defo heard having issues and she kept asking other people questions hmmm not confident she has entered things proper! Tax is all paid for this year and in advance for 15/16 tax year.

Although it defo went for some check as heard another lady say to her that she got one back in 2 days (refusal)

Hubby had spouse visa 33mth which expires sept.

We have a baby and ok he was illegal before but he was granted spouse visa from british embassy abroad and he has been good other than speeding fine (should we have declared that could that be the issue) Surley they can't go back on things prior to spouse visa???

Thanks for quick reply!

Hello there,

Our case is quite similar to human, we appeared on the 26 june26th.
Human, would you know why your case was held by them. I have an Indian graduation degree myself.

Thanks

Would a driving conviction abroad mean refusal as we genuinley forgot to mention it?

It was for speeding and just a fine but all fines in albania are given by going to local court rather than at road side???

Help panic has set in worried about deception honestly didn't think it mattered as speeding fine! Just had a baby and was in hospital for two weeks so had to rush application

Will this even show on criminal record check?

Please help

Hi,
myself and mrs went in April to Liverpool, were told the same that application is fine but "further checks" required. I am afraid it will take 6 months as been told by HO information centre last week.

Even tho the Liverpool office is quiet, but once they hold the application. it goes to an entire different team which will start the process from scratch.

One user is right about ripping off 1000s pounds as what checks take 6 months while they process most applications in 2 hours on the window.
.................
P.S I applied for ILR SET(O) on 5 year Tier 1 G basis and completed a PBS form for mrs as she was here only for a year. did I need to supply B1 English test for mrs?

Kind Regards

I was told waiting on home office check what ever that is and did hear another lady talk to my lady saying two days one took and my lady said she would send docs so sounded like she was dealing once response came back but she couldn't give decision today and could take up to a week not holding my breath though!

Call centre is rubbish as they know nowt hoping it won't take that long but preparing for the worst don't care how long it takes just want it approved so we can live pur life x

It may be due to his lack of legal status when he was previously in the UK. When you stated in the form that he hadn't overstayed this may have flagged up the need to check the circumstances of his illegal residence here.

Yeah you could be right with that!

I was correct to answer no though as technically never overstayed as he never had a visa but they will see from prev application we declared he came illegally so is that ok???

Anyone advise?

**question around have you ever overstayed visa?
**Answered NO as hubby never had a visa to overstay as came illegally...

came here illegally went home and then applied for uk spouse and came back legally. This was declared on uk spouse visa application but have i answered above correctly?

Hi All,

Got a letter today that my Indefinite Leave has been approved. Its gonna be 4wks tomorrow that i applied in PEO Liverpool and i was told they need to do further checks. I'm so happy.

Glad to hear! Nice when people update! What did u think your aditional checks were?

Did u get the letter recorded delivery?

How long were you told at the appointment as we have still not heard and we have been waiting just two weeks although told 1 week to get docs back! x