ILR eligibility from PBS Dependent

[ritusharma82]

Hello

I am planning for my ILR and will appreciate your help on below questions please.

History:

• Partner came to UK on Tier 2 ICT Visa
• I was issued Visa in Feb 2014 and came to the UK in Mar 2014
• My first child was born outside the UK and came to UK in Apr 2016
• Partner received ILR (after 6.5 years in the UK)
• Both me and my first child are currently on PBS Dependent Visa and valid till Dec 2021
• Second child born in UK, and has British citizenship because my partner has ILR.

My questions are:

• I believe I can apply for ILR in Feb 2019 as the partner of a Tier 2 visa-holder who has settled in the UK, is this correct?
• I was absent from UK during maternity from Oct 2015 to Apr 2016, will that have any bearing on my ILR application?
• I don't have any income in the UK, will that have any bearing on my ILR application? My partner has created some savings under my name though.
• My first child will be eligible for ILR at the same as me, even though child has not done 5 years in the UK, is this correct?
• I need to do both Life in UK test and Knowledge of English test, is this correct?
• What other documents or financial proof will I need, so that I can start preparing for it now?

Lastly, I looked at this link: https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa and I have some questions related to that:

• If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead. I am not sure if I understand this, because my original Visa was issued when Partner was on Tier-2 ICT but my current Visa (which I think is an extension and not new Visa) was received after partner got ILR. Can you please advise if i have to apply as "partner of a settled person"?
• When you apply for settlement, you and your partner must not be using public funds. However my partner (after ILR) is claiming child benefit (in their name) for the Second child (with UK passport). Will this impact my eligibility?

Apologies for long post (and long list of questions), I will really appreciate your help and support in my planning for ILR application.

[CR001]

I believe I can apply for ILR in Feb 2019 as the partner of a Tier 2 visa-holder who has settled in the UK, is this correct?

Correct, no sooner than within 28 days of your visa issue date.

I was absent from UK during maternity from Oct 2015 to Apr 2016, will that have any bearing on my ILR application?

No issue.

I don't have any income in the UK, will that have any bearing on my ILR application? My partner has created some savings under my name though.

No issue. There is no requirement for a dependent to be employed. There is also no 'maintenance fund' for 90 days requirement.

My first child will be eligible for ILR at the same as me, even though child has not done 5 years in the UK, is this correct?

Correct.

I need to do both Life in UK test and Knowledge of English test, is this correct?

Correct. Make sure you do English B1 at an HO approved test centre.

What other documents or financial proof will I need, so that I can start preparing for it now?

Partner payslips and bank statements to prove you can support yourselves. 2 years evidence of cohabitation.

Lastly, I looked at this link: https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa and I have some questions related to that:

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead. I am not sure if I understand this, because my original Visa was issued when Partner was on Tier-2 ICT but my current Visa (which I think is an extension and not new Visa) was received after partner got ILR. Can you please advise if i have to apply as "partner of a settled person"?

You MUST apply on Set(O) PBS route and NOT partner of settled person route Set(M) as it will be refused.

When you apply for settlement, you and your partner must not be using public funds. However my partner (after ILR) is claiming child benefit (in their name) for the Second child (with UK passport). Will this impact my eligibility?

No issue.

[ritusharma82]

Hello

A few more questions regarding my ILR planning & subsequent application please:

1.
On the online form, there is a section

Other countries you have lived in
Include all countries no matter how long you lived there.

- This does not say details since birth or since arrival to the UK. To be on safe side, should I include details since birth?

2.
On the online form, there is a section

Public funds

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance..

My partner claims child benefit (not as monetary payment but in form of NI tax credits) - is this something that needs to be declared here? Note that my partner has ILR and child benefit is claimed in the name of second child who has UK passport. If I select yes to this option, then the online form asks me to fill an amount greater than 0, but the amount is 0 since my partner doesn't take the payment but just the tax credit. Can you please advise how should I proceed in this situation?

[ritusharma82]

Thanks for the responses to each of my (long list) questions, really helpful and reassuring.

In the documents section, you have mentioned:

Partner payslips and bank statements to prove you can support yourselves

Is there any guidance on how much amount needs to be there in the payslips or bank statements to prove that we can support ourselves?


Full list of documents, we will be using:

• Passport for both me and my child
• Current BRP for both me and my child
• Life in UK Test
• Knowledge of English Language
• Council tax bills for two years, under joint name of me and my partner
• Mortgage statement, under joint name of me and my partner
• Letter from my partner's employer confirming his salary
• Last 6 months' payslips of my partner (although these are downloaded and printed online and are not on official Company letterhead)
• Last 6 months' bank statements for my partner's bank account to show the incoming salary
• My 6 months' savings account bank statement to show financial evidence
• Consent letter for verification checks

Can you please advise if there is anything additional that we need to include with above? I understand I don't have to include photograph with ILR SET(O) application.

[CR001]

In the documents section, you have mentioned:

Partner payslips and bank statements to prove you can support yourselves

Is there any guidance on how much amount needs to be there in the payslips or bank statements to prove that we can support ourselves?

No there is not. There is no 'minimum' amount. You simply need to show earning and that you can support yourselves.

Full list of documents, we will be using:

• Passport for both me and my child
• Current BRP for both me and my child
• Life in UK Test
• Knowledge of English Language
• Council tax bills for two years, under joint name of me and my partner
• Mortgage statement, under joint name of me and my partner
• Letter from my partner's employer confirming his salary
• Last 6 months' payslips of my partner (although these are downloaded and printed online and are not on official Company letterhead)
• Last 6 months' bank statements for my partner's bank account to show the incoming salary
• My 6 months' savings account bank statement to show financial evidence
• Consent letter for verification checks

Can you please advise if there is anything additional that we need to include with above? I understand I don't have to include photograph with ILR SET(O) application.

Employer letter not needed.

[ritusharma82]

Brilliant. Thanks for the guidance.

There was one post just 10 minutes after your first response above, which possibly got hidden as I mistakenly immediately posted another post.

Can you please consider advising me on that as well please. Direct link is:
indefinite-leave-to-remain/ilr-eligibil ... l#p1716427

[CR001]

1.
On the online form, there is a section

Other countries you have lived in
Include all countries no matter how long you lived there.

- This does not say details since birth or since arrival to the UK. To be on safe side, should I include details since birth?

ALL countries you have lived in (not visited) including birth country.

2.
On the online form, there is a section

Public funds

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance..

My partner claims child benefit (not as monetary payment but in form of NI tax credits) - is this something that needs to be declared here? Note that my partner has ILR and child benefit is claimed in the name of second child who has UK passport. If I select yes to this option, then the online form asks me to fill an amount greater than 0, but the amount is 0 since my partner doesn't take the payment but just the tax credit. Can you please advise how should I proceed in this situation?

Child benefit is a monetary payment, usually weekly. He can claim for ALL children as it is NOT children that claim bu the parent. Child tax credits is a completely separate benefit, also a monetary one. Child benefit must be claimed in PARTNER name ONLY. Child Tax Credits MUST be claimed in JOINT names with you.

Note I am not familiar with the online forms.

[CR001]

See success story below (note please keep your questions in your own topic though).

indefinite-leave-to-remain/ilr-tier-2-d ... l#p1716569

[ritusharma82]

Child benefit is a monetary payment, usually weekly. He can claim for ALL children as it is NOT children that claim bu the parent. Child tax credits is a completely separate benefit, also a monetary one. Child benefit must be claimed in PARTNER name ONLY. Child Tax Credits MUST be claimed in JOINT names with you.

My partner opted out of receiving weekly monetary payment and is only getting NI credits instead, because any Child Benefit received as money would then had to be repaid as High Income Child Benefit Charge. The main reasons for getting a Child Benefit number was so that Second child automatically gets NI number at age of 16 and also partner has state pension protected via NI credits for the next 12 years.

I am hopeful that this wouldn't impact my application, because:
- My partner has ILR, plus;
- Benefit was applied AFTER getting ILR, plus;
- Benefit is under HIS name ONLY, plus:
- Second child is a UK citizen.

But I am not sure how to fill the online form for the question:

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance..

[bramhy]

Hello @ritusharma82

What did you answer for the question

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance..

I am in same situation as you.

[ritusharma82]

@bramhy
Apologies for late response.
Next Friday will be 5 years when my first UK (Tier 2 Dependent) Visa was issued.
Unfortunately I haven't found a resolution for the question on public funds though.

[ritusharma82]

I understand that my first child can apply at same time as me for the ILR.

Is it possible that we apply for ILR only for the first child (born outside UK in 2016) and not for me? Or is it the case that first child will only get ILR if we both apply together?

[vinny]

Or is it the case that first child will only get ILR if we both apply together?

Overseas born child cannot get ILR before both parents.

[bramhy]

@ritusharma82
I applied ILR for my wife in Jan and I said 'Yes' to public funds in the online form and then ticked child benefit as I was receiving the benefit for our child (British citizen). I am on ILR.

Our application was normal service. So will only get to know the outcome of the application in few months.