Some Weird Questions require your attention

[makkan00]

Hi
Firstly, I have read FAQ section and understood few bits. I am going to ask these questions to re-assure that I am on a right track.
My ILR is due at the end of this year. I have few questions and before I ask, I’d like to introduce my status.
WP obtained on XX/2008
Tier 1 PBS obtained on XX/2010
My Spouse obtained her dependent visa on XX/2009 (when I was on WP).
And Dependent of Tier 1PBS on XX/2010 (with me)

I’ve two more dependents now.

My questions
1- I can apply 28 days before the relevant date of XX/2013. Am I correct? Before work permit, I was in UK on working holiday maker visa.
2- Can my dependent apply ILR with me (as she does not require 5 years tenure in the UK as per Q12 of FAQs on the basis that she applied for my dependent before 09 July 2012)? Am I correct in thinking that she can apply with me?
3- In order to avoid delays, Can I apply for ILR alone by booking PEO appointment? As I will find out the response possibly on the same day, then can I apply ILR application for my dependents on the next day by post? Since Home office would have already made a decision on my application, therefore I expect that the applications of my dependents would be straight forward and I would get the outcome sooner than later. The sole purpose is to save some money as PEO applications for 4 persons will be heavy on my wallet.
4- If answer to Q3 is yes and they can apply after the decision of my application at PEO, which application should I use? Are there any special requirements which I should fulfil by applying ILR for dependents at later stage?
5- Since I was on WP before TIER 1, therefore How can I satisfy the following instruction in section 11L of the SET(O) form "For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."? What documents do I require to fulfil this?
6- According to changes to ‘knowledge of language and life’ requirements’, applicants applying after 28 October 2013 should fulfil English language competency. I have already submitted IELTS document when applied for Tier 1. So reading the details, it appears that I do not have to submit the English language certificate (according to example given on P5 of this document). Now, my wife has also given IELTS in 2009 (after she had my dependent status) and that IELTS was requiring for her to get registered as a health professional but not for immigration purposes. My question is that, would my wife require providing English proficiency certificate? And if yes, can she present IELTS done in 2009 or should she re-appear in English test?
I hope few of you can answer my questions. Thanks.

[ilrapplicant2013]

1- I can apply 28 days before the relevant date of 11/2013. Am I correct? Before work permit, I was in UK on working holiday maker visa.

Yes, you can apply 28 days prior. Working holidays doesnt count.

2- Can my dependent apply ILR with me (as she does not require 5 years tenure in the UK as per Q12 of FAQs on the basis that she applied for my dependent before 09 July 2012)? Am I correct in thinking that she can apply with me?
Yes, she can apply with you. Have the necessary co-hab documents.

3- In order to avoid delays, Can I apply for ILR alone by booking PEO appointment? As I will find out the response possibly on the same day, then can I apply ILR application for my dependents on the next day by post? Since Home office would have already made a decision on my application, therefore I expect that the applications of my dependents would be straight forward and I would get the outcome sooner than later. The sole purpose is to save some money as PEO applications for 4 persons will be heavy on my wallet.


Of course , she can. But then it is an individual application. you will end up spending more. I doubt it will bear much on the decision / processing timelines.
It will take 4-5 months, without passport.

4- If answer to Q3 is yes and they can apply after the decision of my application at PEO, which application should I use? Are there any special requirements which I should fulfil by applying ILR for dependents at later stage?


5- Since I was on WP before TIER 1, therefore How can I satisfy the following instruction in section 11L of the SET(O) form "For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."? What documents do I require to fulfil this?

Your P60s / HMRC Employment history letter + any employment letter should be fine for that.

6- According to changes to ‘knowledge of language and life’ requirements’, applicants applying after 28 October 2013 should fulfil English language competency. I have already submitted IELTS document when applied for Tier 1. So reading the details, it appears that I do not have to submit the English language certificate (according to example given on P5 of this document). Now, my wife has also given IELTS in 2009 (after she had my dependent status) and that IELTS was requiring for her to get registered as a health professional but not for immigration purposes. My question is that, would my wife require providing English proficiency certificate? And if yes, can she present IELTS done in 2009 or should she re-appear in English test?
I hope few of you can answer my questions. Thanks.

AFAIK, if you get LIUK that proves enough competency for English language and no other tests are required and LIUK is pretty much mandatory except for some people and if you are a skilled migrant I can only guess it is mandatory for you.
For your wife, if she is wanting to be exepmt from LIUK , then she needs IELTS etc. but I would imagine she will give LIUK. So that will satisfy english requirements.

[makkan00]

1- I can apply 28 days before the relevant date of 11/2013. Am I correct? Before work permit, I was in UK on working holiday maker visa.

Yes, you can apply 28 days prior. Working holidays doesnt count.

Thanks for the reply. Appreciate your input.
As I was on working holiday maker before WP, and I switched from Working holiday maker to WP here in UK, would that not make my stay in the UK for 4 years and 11 months if I apply 28 days before the start of 5th year?

2- Can my dependent apply ILR with me (as she does not require 5 years tenure in the UK as per Q12 of FAQs on the basis that she applied for my dependent before 09 July 2012)? Am I correct in thinking that she can apply with me?
Yes, she can apply with you. Have the necessary co-hab documents.

My ignorance. Cohab documents? Are they the one where my wife has to show that she lives with me. If that is the case, how many and what are best to show?

3- In order to avoid delays, Can I apply for ILR alone by booking PEO appointment? As I will find out the response possibly on the same day, then can I apply ILR application for my dependents on the next day by post? Since Home office would have already made a decision on my application, therefore I expect that the applications of my dependents would be straight forward and I would get the outcome sooner than later. The sole purpose is to save some money as PEO applications for 4 persons will be heavy on my wallet.


Of course , she can. But then it is an individual application. you will end up spending more. I doubt it will bear much on the decision / processing timelines.
It will take 4-5 months, without passport.

Got your point. Thanks.

5- Since I was on WP before TIER 1, therefore How can I satisfy the following instruction in section 11L of the SET(O) form "For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."? What documents do I require to fulfil this?

Your P60s / HMRC Employment history letter + any employment letter should be fine for that.

If I have all the payslips (since dec 2008) and last 4 years P60 (since 2008-9), would that be enough if I go to PEO or is it must to have HMRC employment history letter?

6- According to changes to ‘knowledge of language and life’ requirements’, applicants applying after 28 October 2013 should fulfil English language competency. I have already submitted IELTS document when applied for Tier 1. So reading the details, it appears that I do not have to submit the English language certificate (according to example given on P5 of this document). Now, my wife has also given IELTS in 2009 (after she had my dependent status) and that IELTS was requiring for her to get registered as a health professional but not for immigration purposes. My question is that, would my wife require providing English proficiency certificate? And if yes, can she present IELTS done in 2009 or should she re-appear in English test?
I hope few of you can answer my questions. Thanks.

AFAIK, if you get LIUK that proves enough competency for English language and no other tests are required and LIUK is pretty much mandatory except for some people and if you are a skilled migrant I can only guess it is mandatory for you.
For your wife, if she is wanting to be exepmt from LIUK , then she needs IELTS etc. but I would imagine she will give LIUK. So that will satisfy english requirements.

The rules are changing from the 28 Oct 2013 and you have to have both from that date onward. Please correct me if I am wrong.

[makkan00]

Any other takers?

[Amber]

Guys
some confusion
I had working holiday maker and have been in UK since 2007.

My ILR is coming soon, however I switched from working holiday maker to work permit in 2008 in the UK.

Now referring to question 6.1 which is 'When did you first enter the UK?'

Shall I put the date when I first enter the UK which is 2007?

or
Shall I put the date when I switched it from holiday maker to work permit?


Thanks.

[Amber]

When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

I think it's quite clear, is it not?

[makkan00]

When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

I think it's quite clear, is it not?

It may be clear to you but not to me.

Mine was working holiday maker and hence the confusion.

Shall I put the date when I was granted work permit?

or

Shall I put the date when I entered into this country on holiday working maker (thought that does not qualify me for ILR)?

[Heisgood]

When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

I think it's quite clear, is it not?

It may be clear to you but not to me.

Mine was working holiday maker and hence the confusion.

Shall I put the date when I was granted work permit?

or

Shall I put the date when I entered into this country on holiday working maker (thought that does not qualify me for ILR)?

Forget the working holiday bit, it's a temporary visa. It don't play any part in your ILR application. The work permit has a start date and expiry date in your passport. Use the start date.You can then apply 28days prior to the expiry date of the 5yr work permit(I presume it's the 5yr WP and not the old 4yr one).Hope this is clear.

[Heisgood]

When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

I think it's quite clear, is it not?

It may be clear to you but not to me.

Mine was working holiday maker and hence the confusion.

Shall I put the date when I was granted work permit?

or

Shall I put the date when I entered into this country on holiday working maker (thought that does not qualify me for ILR)?

Forget the working holiday bit, it's a temporary visa. It don't play any part in your ILR application. The work permit has a start date and expiry date in your passport. Use the start date.You can then apply 28days prior to the expiry date of the 5yr work permit(I presume it's the 5yr WP and not the old 4yr one).Hope this is clear.