ILR Dependents (Less than 2 years in UK)

smartyboy · Post by **smartyboy** » Fri Jan 11, 2013 4:54 pm

Hi Sam

Yoru situation is similar to my case.

As your wife is short of 2 years, her application for ILR will probably be rejected regardless of what documents you can show as co habit.

I would advise you to secure yourself first and get your ILR done.

sam2012 · Post by **sam2012** » Sun Jan 13, 2013 6:05 pm

Hello Smartyboy,

Can you please answer below questions

How did the CW come to know your wife has been away for more than 6 months ?
Did the CW check the exit and entry dates on your dependents passport ?
Does UKBA have absesnse information from airports exit and entry systems ?
Did you mention in the application form ? I dont think there is a column for dependents absenses in the old or the new form .
Did you fill seperate applications for ILR ? was that the casue for rejection ?
Did you explicitly mention about your dependents absenses with case worker ?
Finally, when they said they have rejected your wifes visa, did they ask you file a new applciation ? or did they consider the same application by granted visa for another 2 years ?

sam2012 · Post by **sam2012** » Mon Jan 14, 2013 11:39 am

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 28th Jan - Glasgow PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Yet to confirm

maddyinlon · Post by **maddyinlon** » Mon Jan 14, 2013 12:13 pm

Hi Sam2012,
I haven't booked any, but I'm due in September.

sam2012 · Post by **sam2012** » Mon Jan 14, 2013 12:30 pm

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 28th Jan - Glasgow PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Due in September 2013

indran · Post by **indran** » Mon Jan 14, 2013 12:45 pm

sam2012,

What is your opinion about smartboy's wife's ILR being rejected? Do you think we still can get approval being similar case to smartboy?

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 14, 2013 3:49 pm

I was on HSMP and then Tier1 General. We both applied for ILR on same time but her application was rejected and she was issued further 2 years dependent visa instead of ILR because my wife was out of UK for more than 6 months (December 2011 to July 2012) in the last 2 years at the time of application. We provided sufficient co-habitation documents but her absence of 6+ months out of UK was the main reason.

Hello Indran,

Hmmm ...Looks like smartyboy has filled two seperate ILR application forms (1 for Main Applicant and another for his Dependent ) , that could be possible reason for rejection as he might have mentioned all the absenses of his dependent. or the case worker might be completly gone wrong with his application.

Smartyboy, Correct me if I'm wrong!

To be honest, I dont think it will be an issue, as far as we include our dependents with the main applicant and making sure the dependent has been on PBS dependent visa for more than 2 years since their 1st entry into UK and also with sufficient cohabitation documents.

I'm taking this risk(if any) , Also I have booked a second appointment for my dependent for Tier 1 PBS dependent, just in case if the ILR gets rejected.

indran · Post by **indran** » Mon Jan 14, 2013 4:19 pm

Sam2012,

Thank you for the explanation. I think it is worth trying our luck as long they dont reject dependent application after taking the payment.

BTW, how did you manage to get a PEO slot for PBS dependent. I have been trying hard to book one for my dependent but no luck so far. What time did you manage to find the free slot? Is it at midnight or morning?

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 14, 2013 5:54 pm

I booked during midnight when the new slots are released.( usually sunday to thursday).
Try to open mutliple sessions and fill upto the last level and wait till 12:00 Am and use your sessions responsibly as the site crashes frequently, it very hard to fill all the details if you are doing it after 12:00 AM, also check the site is up and running for each and every step you take from there.

ideanokia6500 · Post by **ideanokia6500** » Mon Jan 14, 2013 6:40 pm

one of my friend was having same case
and he got it.

be positive.

indran · Post by **indran** » Mon Jan 14, 2013 10:26 pm

Sam2012,

I wrote to HO querying about my wife's ILR eligibility just to get their response in writing and I've just received a letter from HO saying that she will not be eligible for ILR now since she has not been in my dependent visa for last 2 years. She previously had her own HSMP and Tier 1 (general) visa before switching to my dependent 8 months ago. HO stated the following " After switching into this category any time spent as HSMP visa holder cannot be combined to reach two years. She can submit a PBS (Dependent) application form with you to complete two years in the UK".

So i guess, she may end up extending her dependent visa for now but we will try our luck to see if she can get ILR. I am afraid they will reject my wife's application after collecting the fee. What is your opinion about this?

For your case, your wife should be able to get ILR since she has been your dependent for last 3 years. Not too worry about the absence since it is not stated in the rules that dependent has to be in the UK all the time.

Regards,
Indran

sam2012 · Post by **sam2012** » Tue Jan 15, 2013 11:39 am

ideanokia6500,

Thanks a lot for boosting my confidence!

All the Best to you.

sam2012 · Post by **sam2012** » Tue Jan 15, 2013 11:50 am

Indran,

I dont understand how HO will react to each and every case. you better try your luck with the CW, Make sure you discuss with CW before processing the payment. Otherwise you might hear some bad news later.

Also take below filled in applications, just in case..

1) SET(0) for you and your dependent.
2) SET(0) only for you
3) TIER 1 PBS Dependent

Based on Smartyboys case, your dependent may be offerred a Tier1 PBS dependent Visa on the same day.

Thanks for your comments on my case.

sam2012 · Post by **sam2012** » Tue Jan 15, 2013 11:51 am

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 28th Jan - Glasgow PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Due in September 2013

indran · Post by **indran** » Wed Jan 16, 2013 1:27 pm

Sam2012

Sadly, UKBA cancelled all my PEO appointments since I had more than one appointment booked. Now, I do not have any appointment booked for me with dependent. I only managed to book for myself. I guess they leave me with no choice to apply separately and for my dependent to apply for PBS extension unless if i can find an appointment for all of us before 5 Feb which proved to be very difficult.

Maybe , I wrote to them regarding the rule which made them to cancel my appointments.

Regards,
Indran

sam2012 · Post by **sam2012** » Wed Jan 16, 2013 3:44 pm

Did Glasgow PEO call you before cancelling the appointments ?
If not then, you can argue with them that it was your mistake, but you wanted to keep the one with your dependents, I think they will definitely add your dependents if they have cancelled the appointments without your consent.

FYI,
I got a call recently from Croydon PEO, and they asked me if I have problem with my bookings, CW told she sees multiple bookings on the same name. I told them it was due to a mistake, then she asked me which one I wanted to keep and cancelled the remaining.

indran · Post by **indran** » Wed Jan 16, 2013 4:43 pm

Sam2012,

They didnt't call or email me, they just cancelled all the appointments. I called them to urgue but they said, they have the right to cancel the appointments. Very disappointing. I will try to call them again to see if they can include my dependent with my appointment. Thank you for your suggestion.

Regards,
Indran

sam2012 · Post by **sam2012** » Fri Jan 18, 2013 5:41 pm

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 28th Jan - Glasgow PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Due in September 2013

indran · Post by **indran** » Mon Jan 21, 2013 12:17 am

Sam2012,

I managed to get appointment in Croydon for 23 Jan coming Wednesday by luck. Hopefully everything will go well with our ILR application. I am also prepared with PBS dependent extension, just in case.

Do you know what are the proof of documents required for PBS dependent extension apart from the fund requirement (bank statements for past 3 months), marriage cert, birth cert for baby and passports? I hope you or someone could guide me. I havent really looked into PBS requirements since I was focusing mainly on ILR.

Thank you.

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 21, 2013 6:00 pm

Thats Great Indran!.

For PBS Dependent:
Maintainance Funds
Marriage Certificate
Birth Certificate
Passport
Main applicant passport and visa copies
Some Address proof.. should be OK.

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Due in September 2013
call2bala - Due in March 2013

veera4u · Post by **veera4u** » Mon Jan 21, 2013 11:20 pm

hi sam

my case is similar to yours except dependent spent outside uk is more than your case

--myself will be completing 5 years (2 year hsmp + 3 years of tier 1 extension) at the end of april 2013.
--wife is on tier1 dependent from jun 2010 (close to total 3 years before it expires on apri 2013), but soon after first 6 months stay in UK she went out of UK for delivery and came back only after 20 months with my child. In my case i dont even have the cohabitaion proof for those 20 months, as i have shifted to friend place once she left.
--child is on tier1 dependent from may 2012 but as a minor, he is eligible same time as me.

i have been told that, normally UKBA dont show interest in dependents absence as long as they have been in the vias for more than 2 years, and have a valid reason for the long absence but its not confirmed either.

So i assume we have to wait until someone with the similar case go thru the process and update the forum.

sam2012 · Post by **sam2012** » Tue Jan 22, 2013 12:07 pm

Thank you for joining the loop.

Try to work out atleast 3 different sources of cohabitation proofs,
NHS Letters, some old and new utility bills, bank statements, electoral registration letters etc...

sam2012 · Post by **sam2012** » Tue Jan 22, 2013 12:10 pm

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 23rd Jan - Croydon PEO

All the Best
Sam2012 - 4th Feb - Croydon PEO
call2bala - Due in March 2013
veera4u - Due in April 2013
maddyindon - Due in September 2013

veera4u · Post by **veera4u** » Tue Jan 22, 2013 4:58 pm

thanks.

I have got only "council bill, nhs letter and tenancy agreement" as cohab proof for the first 6 months and the period after break. I assuem this will be enough.

I am planning to consult an immigration solicitor with regards to the "long break (and also no cohab proof on those period) affecting her ILR eligibility for applying same time as me" and will update after that.

indran · Post by **indran** » Wed Jan 23, 2013 10:14 pm

Hi guys,

Me and my dependants' application for ILR was successful today through PEO application in Croydon. Everything went very well and no questions or were asked about my dependants not having continuous cohabitation for the last 2 years. The case worker was friendly and looks experienced. She took about 3-4 hours to review my case, maybe because it includes her lunch time break. She didnt ask any additional documents and only took a few documents for proof of cohabitation from a stack of documents that i brought with me.

I would like to thank everyone in this forum for guiding me into the right direction to get our ILR approved which saved us a lot of money, effort, time and worries. Without all your advice, I would have applied PBS extension for my dependants.

If you have any questions, please ask me and I will try my best to answer based on my experience.

P/S: Now the ILR is only valid for 10 years for adults and 5 years for child. It used to be unlimited stay, but now it seems that we need to renew when every 5 or 10 years.

Regards,
Indran

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ILR Dependents (Less than 2 years in UK)