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ILR success at Solihull on 26-11-2013

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


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bhm123
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ILR success at Solihull on 26-11-2013

Post by bhm123 » Wed Oct 16, 2013 12:38 pm

Hello experts,

I am on Tier 1 Visa (expiring May 2014). I became eligible for ILR in Feb 2013 (because I first entered UK in Feb 2008 on WP and then changed it to Tier 1)
I got married and wife came to UK on her existing Tier 1 visa in Dec 2011. She got tier 1 dependant visa in May 2012 and it is valid till May 2014 (same as mine)

So she will complete 2 years after marriage in December 2013 and during these 2 years she will have 5 months on Tier 1 + 19 Months on Tier 1 dependant.

Query: When will she be eligible to apply for ILR if we both are applying together? I got some conflicting answers
1. She will be eligible after 24 months of cohabitation regardless of which visa she was on. So we both can apply for ILR in Dec 2013
2. She will have to complete 2 years on Tier 1 dependant visa to be eligible for ILR, in which case we can apply in May 2014

Which one above two is correct? Any help of this will be greatly appreciated. Many thanks in advance.
Last edited by bhm123 on Tue Nov 26, 2013 2:03 pm, edited 1 time in total.

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Post by Damanisshallo » Wed Oct 16, 2013 2:05 pm

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Post by Amber » Wed Oct 16, 2013 2:12 pm

The 2 years need not be as pbs dep so long as you were living as spouses or akin 319E(d)(i). So option 1.
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Post by Damanisshallo » Wed Oct 16, 2013 2:20 pm

bhm123 wrote:Hello experts,

I am on Tier 1 Visa (expiring May 2014). I became eligible for ILR in Feb 2013 (because I first entered UK in Feb 2008 on WP and then changed it to Tier 1)
I got married and wife came to UK on her existing Tier 1 visa in Dec 2011. She got tier 1 dependant visa in May 2012 and it is valid till May 2014 (same as mine)

So she will complete 2 years after marriage in December 2013 and during these 2 years she will have 5 months on Tier 1 + 19 Months on Tier 1 dependant.

Query: When will she be eligible to apply for ILR if we both are applying together? I got some conflicting answers
1. She will be eligible after 24 months of cohabitation regardless of which visa she was on. So we both can apply for ILR in Dec 2013
2. She will have to complete 2 years on Tier 1 dependant visa to be eligible for ILR, in which case we can apply in May 2014

Which one above two is correct? Any help of this will be greatly appreciated. Many thanks in advance.
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Post by Amber » Wed Oct 16, 2013 2:37 pm

That's ok, so long as they've been living in the UK as spouses for 2 years and had been granted pbs dep leave before July 2012.
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Post by Damanisshallo » Wed Oct 16, 2013 2:50 pm

I am still failing to understand how would she qualify in Dec 2013, where she's had her first dependant/spouse visa endorsed in May 2012.

What has cohabitation got to do where one hasn't yet got a spouse visa?

Would that not be May 2012 + 2 yrs = May 2014??????????
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Post by Amber » Wed Oct 16, 2013 4:15 pm

319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant
, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
The above rule does not require the time living together as a PBS dep, so long as the PBS dep leave was granted before July 2012, time before such leave can count so long as they were living together as above in the UK.
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Post by Damanisshallo » Wed Oct 16, 2013 6:09 pm

D4109125 wrote:
319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
I understand the OP's spouse came to the UK in Dec 2011 in her own right under Tier1 General and switched to Tier1 dependent in May 2012. Hence, I'd have thought the period between Dec 2011 to May 2012 would not count towards her qualifying period (OP please correct me if I am wrong). However, since she got switched to Tier1 Dependent prior to 9 July 2012, her qualifying period is 2 yrs from May 2012.
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Post by Sep08T1Applicant » Thu Oct 17, 2013 8:12 am

Damanisshallo wrote:
D4109125 wrote:
319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
I understand the OP's spouse came to the UK in Dec 2011 in her own right under Tier1 General and switched to Tier1 dependent in May 2012. Hence, I'd have thought the period between Dec 2011 to May 2012 would not count towards her qualifying period (OP please correct me if I am wrong). However, since she got switched to Tier1 Dependent prior to 9 July 2012, her qualifying period is 2 yrs from May 2012.
Hi Damanisshallo,

Amber is pointing out the rule and rule has an "or" in between (a) and (b) - as per that OP wife's is eligible in December 2013 providing they have cohabiting documents to prove that period. 319Ed( i ) (b) OP's wife had previous PBS leave (non-dependant) and that gives OP's wife an eligibility to apply ILR (it is purely my understanding).

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Post by bhm123 » Thu Oct 17, 2013 8:51 am

Thanks a lot everyone for the valuable replies.

I have gone through the link http://www.immigrationboards.com/viewtopic.php?t=114832, which says

Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant" and need to be "continuous". *** Probably unchanged? *** These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) any time during the 2 years period to become eligible for settlement.

I always thought as long as dep completes 2 years living together continuously with the main applicant, dep can apply for ILR with main applicant. (I have all the documents council tax, rent agreement, marriage certificate, bank statements, joint account statements etc on both names to prove the cohabitation).

However according to the recent information and this post I am still not very clear which one of it is applicable 2 years overall or 2 years on dependant.

Just to be on safer side and because I am (main applicant) already eligible, lest say I get my ILR done ASAP then what will happen to the dependant?
Will she be able to continue till her tier 1 dependant visa runs out (May 2014)? By this time she will have completed 2 years on Tier 1 dependant so she can apply for ILR dependant.
OR her Tier 1 dependant visa will be invalid because main applicant moved from Tier 1 to ILR?
Please suggest.

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Post by Sep08T1Applicant » Thu Oct 17, 2013 9:04 am

bhm123 wrote: Just to be on safer side and because I am (main applicant) already eligible, lest say I get my ILR done ASAP then what will happen to the dependant?
Will she be able to continue till her tier 1 dependant visa runs out (May 2014)? By this time she will have completed 2 years on Tier 1 dependant so she can apply for ILR dependant.
OR her Tier 1 dependant visa will be invalid because main applicant moved from Tier 1 to ILR?
Please suggest.
there will be no issues to her visa, it will stay as it is and will be valid till it get expires - you can apply later - your decision

Kind regards

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Post by vinny » Thu Oct 17, 2013 11:01 am

I agree with D4109125.
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Post by Damanisshallo » Thu Oct 17, 2013 12:25 pm

@Vinny can you explain how come the OP case is different to My Case apart from my wife being on PSW (Main) previously and now she's holding FLR(M) where as the OP's missus was Tier 1 General (Main) until May 2012 and now holding Tier1 General Dependent?

Shall i imagine to add my wife's 2yrs PSW (Points based system migrant) to her 5 yr qualifying period? [If this can happen then its a life saver...]
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Post by vinny » Thu Oct 17, 2013 1:46 pm

Unfortunately, your wife was not subject to the transitional provisions. E-ILRP.1.3 prevents her earlier leave to be aggregated.
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Post by Damanisshallo » Fri Oct 18, 2013 10:19 am

@Vinny, Thank you very much its getting clear. Had she made an application pre-July she would've benefited from the transitional provision. Any other route to cut short this 5 yrs of limbo.
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Post by vinny » Fri Oct 18, 2013 2:06 pm

Unfortunately, I don't see any other shortcuts, unless she qualifies under Long residence beforehand.
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Post by bhm123 » Fri Oct 18, 2013 2:41 pm

So as my wife got tier 1 dependant before 9th July 2012 she is eligible to apply for ILR in Dec 2013, I’ll take a chance.
Thanks for your help.

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Post by bhm123 » Mon Oct 21, 2013 3:16 pm

hello,

Wife got her first time tier 1 visa in 2009 from India. During dependant application we were told by UKBA that she cannot apply from UK as it is change in the visa category. She had to apply from home country.

So she got the Tier 1 dependant visa from India in May 2012.

Going with the safer option to apply for her ILR dependant in May 2014, does she need to go to home country again for ILR dependant application? Or this time she can apply from UK? Please advise.

Many thanks.

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Post by Damanisshallo » Mon Oct 21, 2013 3:23 pm

She will have to apply from within the UK
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Post by bhm123 » Wed Nov 06, 2013 11:46 am

Hellos,

I have finally decided to apply for my ILR and will apply for wife’s ILR when she completes 2 years on tier 1 dependant visa so Apr 2014.
Booked appointment in Solihull end of this month.

I have few minor queries hoping to get some answers.

1. I have a degree (Bachelor of Engineering ) taught in English. I can see the course and university in Points based calculator.
So I do not have to give the language test. Is that correct?
2. All of my absences are holidays and they are well within 180 days over last five years. Do I still have to produce letters from my employers about my absences?
3. I am contracting currently and I get my salary through the umbrella company. Payslips are just one page document in black and white (looks like printed off the excel or something).
But payslips has umbrella company name, address and all sort of details but no signs or stamps. Is that ok or I need to get it signed and stamped from the umbrella company?
4. I get it from this post that there is absolutely no impact on wife's Tier 1 dependant visa even though main applicant will be granted ILR. (I mean she can travel in out of UK and also work in UK as she is currently). Hope that’s correct…

Many thanks in advance.

Best regards.

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