ILR Queries

[tehminamazher]

Hi All,

I have few queries regarding ILR, hopefully some one can clarify.

We have already been given extension and our visa expires on 31-05-15

(Our case falls under HSMP Juducial Review- Need to show economic activity)

1) Whats the earliest we can apply in PEO?
2) Whats the latest we can apply in PEO?
3) My husband and dependents agaed above 18 needs to give LIUK test or we are exempt from LIUK for ILR?
4) Most importantly
My husband was employed and got a P60 for last year. Now he is a director of a company and the company will pay him salary in his bank account.

He will be considered self employed and just need to show the salary slips and his personal bank statements for last 12 months of his personal accounts
OR
He needs to provide also company financial accounts/ bank statements / corporation tax returns/ Annual returns returns.

Hopefully seniors will help me in clarifying the above mentioned points.

Thanks in advance

TM

[tehminamazher]

Can someone please reply to my queries.

[tehminamazher]

Normally Amber Replies to my query.

[Amber]

1. Depends on initial entry clearance and entry date
2. Before your leave expires
3. Unless they have a physical or mental disorder they'd not be exempt
4. Do read the FAQ.

[tehminamazher]

Extremely thankful for reply,

Our case is covered under HSMP Judicial review as initial HSMP application was before November 2006

1) Our initial visa date 03-3-2010 entered UK on 31-05-2010 visa expiry was on 03-3-2013 ,Visa extended and further leave to remain expiring on 31-5-2015
so hopefully now you can tell us the dates
2) I cant find it now but have read some where that applicants covered under HSMP Judicial Review are exempt from LIUK test for ILR and but have to give it for naturalization? Confirmation in this regard will be highly appreciated.
3) My husband is in a perplex as he was better off as employed by a company as being a director in a new company as still he will get salary in his bank account., He is confused as he needs to register him as self employed and submit the self assessment return for himself, whether he need s to show the Corporation tax/Annual return for the company or his salary slips and the bank statement will be enough for the ILR application.

Again I have searched the forum and found some posts where its mentioned that UKBA will treat him as self employed, HMRC will treat him as employed, or vice versa.

Thanks in advance as your advice/ suggestion always give us a sigh of relief.

TM

[Amber]

Sorry I missed that in your previous post, yes, highly skilled migrants applying under the terms of the highly skilled migrant program (HSMP) judicial review, and their dependants are exempt.

You may apply from 28 days before 03-3-2014. I would submit both the self-employed documents and salaried if you have them. Although, the latter should suffice.

[tehminamazher]

Extremely extremely thankful Amber for the reply,

I cant understand that bit

You may apply from 28 days before 03-3-2014

Our 3+2 year visa is expiring on 31-05-2015
We should apply 28 days before 31-05-2015 OR
We should apply 28 days before 03-03-2015

What if on the PEO appointment case worker asks my husband are you employed or self employed what he should say to them?

Thanks in advance once again.

TM

[Amber]

Sorry, yes, 3-3-15.

[tehminamazher]

Extremely thankful Amber once again for your reply.

For my own clarification can u please explain me why you have taken 03-3-2015 instead of 31-05-2015.

Also if we apply in person 28 days before 03-03-15 and UKBA caseworker say that your current visa is expiring on 31-05-2015 then what to do in that case.

Thanks Amber once again as you are really helpful.

TM

[Amber]

It's immaterial when the leave expires, you can apply from 28 days before you qualify.