hi,
an update for my friend's ILR application - he has been successfully granted ILR in his second application in PEO Croydon. I helped him all the way through and here is the full story:
June 2011 - first ILR application under 5 year work permit was refused. Reason: the applicant's salary level is below the requirement. His salary was £16K based on his work permit renewed in 2007. The salary was not adjusted in the past 3 years. His immigration advisor didn't suggest him to change his salary before he applied for ILR in June 2011. He applied in Liverpool using premium service and was refused after 2 weeks.
He applied with his family, and there wasn't many similar cases before so this is a big strike to him. He queried to quite a few solicitors and advisors, nobody really know what to do next. They all quoted him a high charge for re-application. Someone said he could apply immidiately, someone suggested him to wait for another year.
They asked me for help as I dealt with a few other cases for my friends before so I started to look for information for them.
To be honest, not much relavant info on the internet or anywhere as the new rule came out in April 2011 and there hasn't been many refusal cases. However, I found this website the most useful one and people are warm-hearted to provide advices to whatever questions I asked.
As there weren't other cases I can use for reference, I have to gather information and make decision with my friend on his second application.
Firstly, I suggested him to wait for another 3 months for new application as the visa officer normally only requests 3 months payslip and bank statement. His salary was increased from June so from June to September, he has 3 months payslip with increased salary
secondly, I wrote to UKBA regarding adjustment to his salary and the request was approved by UKBA and a technical change instead of significant change. His salary was improved to £18,500 from £16,000.
Thirdly, I helped them to prepare all necessary documents. The most important one is the employer's letter. I got template from this website. (very thankful to people who advised or posted the template)
I booked an appointment for him in September 2011. Tried to book Solihul office because it charges fees after ILR is granted however Solihul is so popular that we cannot get a place.
When everything is ready for his second application, we went to London for the appointment. (My friend was under so big pressure so I even asked him if he wants a real advisor instead of me. However, his wife is more assertive than him that she confirmed she wants nobody else to help but me Very Happy)
We drove to London office for the 9:45 appointment for that day. London traffic is so bad that we barely arrive the office 5 minutes before the latest entry time (9:10)
We prepared 2 sets of docments
the first set includes
1. application form
2. photos
3. 3 months pay slip (all with increased salary)
4. 3 months bank statement
5. employer's letter
6. 1 P60
7. cohibitant docs (council tax bill)
8. LIUK certs
9. Police registrations
10. His daughter's school letter
the second set includes
1. the other 4 P60s
2. refusal letter and appeal letter of his first application
3. contract
3. employer's letter stating accommodation is provided for his family
4. medical card
5. other relavent docs
On the ground floor, the officer asked for following docs
1. application form
2. 3 months payslip
3. 3 months bank statement
4. 1 year's P60
5. LIUK
6. Police registration
he checked info on the computer and immidiately asked about the refusal of first application. He asked why was refused. I said because his salary was not adjusted in time according to the new rule however it has been increased now. Then he asked for employer's letter to check and asked no more questions
He gave us a number and we went to the cashier on the first floor. After paid the fee, we enter the waiting area and wait for the number to be called.
We waited about 40 minutes and were called to the window. (My friend was shaking!) The cases officer asked for the same set of documents except the P60. She briefly went through the docs and didn't ask any question about refusal. Then she said we can go away to wait to be called again. Up to this time, we didn't submit the refusal letter or appeal letter we prepared. However, I gave her the printed email between me and UKBA showing the request of increasing salary and UKBA's approval, saying the salary increase was approved. She didn't pay much interest on it at all.
so we waited for another hours also. we can see clearly how she processed the docs. She went through all the provided docs one by one and check info on her computer, however we are not sure what exactly she checked for. She spent 30 minutes ish to go through all docs and the other 30 minutes seemly to input applicants' info into her system (4 people). Then she photocopied docs in the back office and came back to her desk and put all passports and photos into 4 plastic file pockets. Then she called us to the window and said the ILR are granted and we will be called after another hour or 90 minutes
only until now my friend and his family start to smile after 3 months of horrible life. We went for a coffee and wait and got the passports after 70 minutes!
This is the whole story.
I would say thanks for whoever provided help in this forum. I am happy to provide help based on my experience. Life is not easy for immigrants in the U.K. let's help each other with love.
Good luck to all!!
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