ILR PEO Document Still With UKBA for Further Enquiries

[rhule815]

My current situation

I have been on the Tier 1 (general) visa continuously for 5 years (04 Jun 2013) so decided to apply for ILR using Birmingham PEO service on the 08 May 2013 as I thought it was a straight forward application since I had all the needed proof/documentations and got the required points (75 + 20) as I got my first visa is 2008. To apply, I filled the SET(O) form as the main applicant and added my wife (who has been with me since Aug 2011, (i.e. a little over 1 and half years) as a dependant.
When I got to the case worker she said:
1). I should not have included my wife as a dependant in my application but instead should have filled a separate FLR form and applied separately and as a result she fall for refusal (due to wrong form being filled).
2). My documents show that, I am now earning less (i.e. 30 points) than what I was earning (i.e. 35 points) during my renewal in 2011 and therefore I do not qualify for renewal. (Basically what, she was saying is during my renewal, my earnings together with all the points added up to 80 point + 20, but now my earnings and all my points add up to 75 points + 20). I argued that, the most important thing is to meet the criteria of 75 points + 20 so how far over the point does not matter. However, she was insisting that, I have to meet the same point or more as when I renewed in 2011 as well as the criteria.
This was new to me as I had never come across such statement in the home office guidelines and rule online. All I knew was meeting the criteria which I always pass using the UKBA online point calculator.
After a brief consultation with her superior, I was asked to sit down and was later given a later saying that my application is valid however they have to do some further enquiries and will get back to me later (with a note saying late next week).

My Problem.

The problem is, during my renewal in 2011, I used earnings from two jobs hence got 35 points. This time around I have earned £7000 from my second job but did not use it as I got £30,000 (30 points). I told the case worker that I even have the payslips of the second job on me and the Bank statement I already handed for 1st Job has the proof for this 2nd job payment, but she said I cannot change the goal post.

My points for ILR were as below
Earnings: 30,000 = 30 points (in 2011 renewal, 2 jobs 33,000 = 35 p0ints)
Age 35 years 5 points
Work in UK 5 points
Masters Degree 35 points

Total 75 points

Questions and possible Assistance if needed:

a) Has anyone had this letter from PEO stating that their application is valid and that they have to do some further enquiries and get in touch in a weeks’ time before. Do they usually get in touch as stated.

b) With regards to the issue on the points (i.e. 2 above), do I have to meet the same point as I got during my renewal (so fall for refusal) or I have to meet the point required for the criteria I am applying in which I am currently meeting.

c) With regards to my wives applications on the ILR form as a dependant does it fall for refusal as the case worker and should she have applied separately.

Since she is my dependant and our visas expire on the same day (04 Jun 2013), how can she get the renewal since our applications are separate, how can UKBA link my application to hers. In my case the only way I think we can apply separately is when I have my ILR so she can use it for her application.

d) Now, that our documents are with the UKBA and the expiry of the visa is in 04 June 2013, if we get the documents after the expiry date, does my wife have to go back to our home country to re-apply. (i.e. she is pregnant and expecting around the same time (i.e. late May- early June) so it will be difficult for her to go back. Is there a way out of this without going back home?

e) Assuming I have to meet the point as before, with the extra £7000 from my second Job, it will take me to 40 points. In a worse case of the documents coming after the 04 Jun expiry date and my wife and I are both refused, is there a way we can stay in this country and reapply.

I NEED ADVICE URGENTLY: Any advice will do.

[Kevin24]

You need to wait till they complete their enquiries.They will get back to you in the near future. Hopefully they should fininish and grant your ILR. In the mean time why don't you get some advise from an Immigration advisor/Solicitor. Because if they want you to send further documents,you will have to send them before a specified date.

[onabanjo]

[quote="rhule815"]My current situation

I have been on the Tier 1 (general) visa continuously for 5 years (04 Jun 2013) so decided to apply for ILR using Birmingham PEO service on the 08 May 2013 as I thought it was a straight forward application since I had all the needed proof/documentations and got the required points (75 + 20) as I got my first visa is 2008. To apply, I filled the SET(O) form as the main applicant and added my wife (who has been with me since Aug 2011, (i.e. a little over 1 and half years) as a dependant.
When I got to the case worker she said:
1). I should not have included my wife as a dependant in my application but instead should have filled a separate FLR form and applied separately and as a result she fall for refusal (due to wrong form being filled).
2). My documents show that, I am now earning less (i.e. 30 points) than what I was earning (i.e. 35 points) during my renewal in 2011 and therefore I do not qualify for renewal. (Basically what, she was saying is during my renewal, my earnings together with all the points added up to 80 point + 20, but now my earnings and all my points add up to 75 points + 20). I argued that, the most important thing is to meet the criteria of 75 points + 20 so how far over the point does not matter. However, she was insisting that, I have to meet the same point or more as when I renewed in 2011 as well as the criteria.
This was new to me as I had never come across such statement in the home office guidelines and rule online. All I knew was meeting the criteria which I always pass using the UKBA online point calculator.
After a brief consultation with her superior, I was asked to sit down and was later given a later saying that my application is valid however they have to do some further enquiries and will get back to me later (with a note saying late next week).

My Problem.

The problem is, during my renewal in 2011, I used earnings from two jobs hence got 35 points. This time around I have earned £7000 from my second job but did not use it as I got £30,000 (30 points). I told the case worker that I even have the payslips of the second job on me and the Bank statement I already handed for 1st Job has the proof for this 2nd job payment, but she said I cannot change the goal post.

My points for ILR were as below
Earnings: 30,000 = 30 points (in 2011 renewal, 2 jobs 33,000 = 35 p0ints)
Age 35 years 5 points
Work in UK 5 points
Masters Degree 35 points

Total 75 points

Questions and possible Assistance if needed:

a) Has anyone had this letter from PEO stating that their application is valid and that they have to do some further enquiries and get in touch in a weeks’ time before. Do they usually get in touch as stated.


b) With regards to the issue on the points (i.e. 2 above), do I have to meet the same point as I got during my renewal (so fall for refusal) or I have to meet the point required for the criteria I am applying in which I am currently meeting.

c) With regards to my wives applications on the ILR form as a dependant does it fall for refusal as the case worker and should she have applied separately.

Since she is my dependant and our visas expire on the same day (04 Jun 2013), how can she get the renewal since our applications are separate, how can UKBA link my application to hers. In my case the only way I think we can apply separately is when I have my ILR so she can use it for her application.

d) Now, that our documents are with the UKBA and the expiry of the visa is in 04 June 2013, if we get the documents after the expiry date, does my wife have to go back to our home country to re-apply. (i.e. she is pregnant and expecting around the same time (i.e. late May- early June) so it will be difficult for her to go back. Is there a way out of this without going back home?

e) Assuming I have to meet the point as before, with the extra £7000 from my second Job, it will take me to 40 points. In a worse case of the documents coming after the 04 Jun expiry date and my wife and I are both refused, is there a way we can stay in this country and reapply.

I NEED ADVICE URGENTLY: Any advice will do.


The further enquiry letter given to you is not really new and you arent the first person. As the name suggests, UKBA wants to do further checks on your application. My advise to you is not to rely on the time you were promised because experiences of other people on this forum is appalling regarding the further enguiry stuff. Some have waited and still waiting for months and few for several weeks before they hear from UKBA. On the issue of earnings you raised during your extension and ILR, I dont think that is an issue anymore since you have succeessfully defended your position, and your defence on the issue is the right thing.The most important thing is to meet the required point for qualification.

Regarding your wife issue, UKBA is right in their decision.Your wife ought to have filled another form FLR(M) for renewal as at the time of your ILR application.She is expected to have lived with you for 2years before she is qualified for ILR with you.
If your application is approved,which i hope it will, she could apply for ILR in Aug 2013 when i believe she would have met the requirement.

BEST OF LUCK

[onabanjo]

My current situation

I have been on the Tier 1 (general) visa continuously for 5 years (04 Jun 2013) so decided to apply for ILR using Birmingham PEO service on the 08 May 2013 as I thought it was a straight forward application since I had all the needed proof/documentations and got the required points (75 + 20) as I got my first visa is 2008. To apply, I filled the SET(O) form as the main applicant and added my wife (who has been with me since Aug 2011, (i.e. a little over 1 and half years) as a dependant.
When I got to the case worker she said:
1). I should not have included my wife as a dependant in my application but instead should have filled a separate FLR form and applied separately and as a result she fall for refusal (due to wrong form being filled).
2). My documents show that, I am now earning less (i.e. 30 points) than what I was earning (i.e. 35 points) during my renewal in 2011 and therefore I do not qualify for renewal. (Basically what, she was saying is during my renewal, my earnings together with all the points added up to 80 point + 20, but now my earnings and all my points add up to 75 points + 20). I argued that, the most important thing is to meet the criteria of 75 points + 20 so how far over the point does not matter. However, she was insisting that, I have to meet the same point or more as when I renewed in 2011 as well as the criteria.
This was new to me as I had never come across such statement in the home office guidelines and rule online. All I knew was meeting the criteria which I always pass using the UKBA online point calculator.
After a brief consultation with her superior, I was asked to sit down and was later given a later saying that my application is valid however they have to do some further enquiries and will get back to me later (with a note saying late next week).

My Problem.

The problem is, during my renewal in 2011, I used earnings from two jobs hence got 35 points. This time around I have earned £7000 from my second job but did not use it as I got £30,000 (30 points). I told the case worker that I even have the payslips of the second job on me and the Bank statement I already handed for 1st Job has the proof for this 2nd job payment, but she said I cannot change the goal post.

My points for ILR were as below
Earnings: 30,000 = 30 points (in 2011 renewal, 2 jobs 33,000 = 35 p0ints)
Age 35 years 5 points
Work in UK 5 points
Masters Degree 35 points

Total 75 points

Questions and possible Assistance if needed:

a) Has anyone had this letter from PEO stating that their application is valid and that they have to do some further enquiries and get in touch in a weeks’ time before. Do they usually get in touch as stated.

b) With regards to the issue on the points (i.e. 2 above), do I have to meet the same point as I got during my renewal (so fall for refusal) or I have to meet the point required for the criteria I am applying in which I am currently meeting.

c) With regards to my wives applications on the ILR form as a dependant does it fall for refusal as the case worker and should she have applied separately.

Since she is my dependant and our visas expire on the same day (04 Jun 2013), how can she get the renewal since our applications are separate, how can UKBA link my application to hers. In my case the only way I think we can apply separately is when I have my ILR so she can use it for her application.

d) Now, that our documents are with the UKBA and the expiry of the visa is in 04 June 2013, if we get the documents after the expiry date, does my wife have to go back to our home country to re-apply. (i.e. she is pregnant and expecting around the same time (i.e. late May- early June) so it will be difficult for her to go back. Is there a way out of this without going back home?

e) Assuming I have to meet the point as before, with the extra £7000 from my second Job, it will take me to 40 points. In a worse case of the documents coming after the 04 Jun expiry date and my wife and I are both refused, is there a way we can stay in this country and reapply.

I NEED ADVICE URGENTLY: Any advice will do.

The further enquiry letter given to you is not really new and you arent the first person. As the name suggests, UKBA wants to do further checks on your application. My advise to you is not to rely on the time you were promised because experiences of other people on this forum is appalling regarding the further enguiry stuff. Some have waited and still waiting for months and few for several weeks before they hear from UKBA. On the issue of earnings you raised during your extension and ILR, I dont think that is an issue anymore since you have succeessfully defended your position, and your defence on the issue is the right thing.The most important thing is to meet the required point for qualification.

Regarding your wife issue, UKBA is right in their decision.Your wife ought to have filled another form FLR(M) for renewal as at the time of your ILR application.She is expected to have lived with you for 2years before she is qualified for ILR with you.
If your application is approved,which i hope it will, she could apply for ILR in Aug 2013 when i believe she would have met the requirement.

BEST OF LUCK

[rhule815]

You need to wait till they complete their enquiries.They will get back to you in the near future. Hopefully they should fininish and grant your ILR. In the mean time why don't you get some advise from an Immigration advisor/Solicitor. Because if they want you to send further documents,you will have to send them before a specified date.

Hi Kevin24,

The case worker did not ask me to submit any further documentation. Do you think going for a solicitor will actually result in them asking me to submit extra document. (Cause I think the documents submitted are complete. (i.e. 12 months Bank statement, 12 month Payslips, life in UK results, Proof of funding bank statement, already proved English profeciency and my Masters Qualification in my earlier extension)

[Kevin24]

You need to wait till they complete their enquiries.They will get back to you in the near future. Hopefully they should fininish and grant your ILR. In the mean time why don't you get some advise from an Immigration advisor/Solicitor. Because if they want you to send further documents,you will have to send them before a specified date.

Hi Kevin24,

The case worker did not ask me to submit any further documentation. Do you think going for a solicitor will actually result in them asking me to submit extra document. (Cause I think the documents submitted are complete. (i.e. 12 months Bank statement, 12 month Payslips, life in UK results, Proof of funding bank statement, already proved English profeciency and my Masters Qualification in my earlier extension)

Since the CW did not ask you to submit futher documentation, wait till they get back to you. There after we will see what they want. Hope every thing will get sorted out. Keep us posted. It's a pity that your wife has to go through all this in her condition.

[Kevin24]

Why di d not you include the second salary of £ 7,000 to claim additional points? Is there a valid reason for doing that?

[rhule815]

Why di d not you include the second salary of £ 7,000 to claim additional points? Is there a valid reason for doing that?

I did not include it because I thought since I am getting the required point of 75 it will make no difference plus and that it will be quicker with the proof of income coming from one source. I had the BAC payment showing in my account from the 2nd employer and the P60 on me at the time, but the case worker said I cannot include it as it is changing the goal post.

[Kevin24]

Why di d not you include the second salary of £ 7,000 to claim additional points? Is there a valid reason for doing that?

I did not include it because I thought since I am getting the required point of 75 it will make no difference plus and that it will be quicker with the proof of income coming from one source. I had the BAC payment showing in my account from the 2nd employer and the P60 on me at the time, but the case worker said I cannot include it as it is changing the goal post.

because you did not include in the first instance,that's why CW has said you cannot include. Did they keep your Passport and any other documents with them?

[rhule815]

Why di d not you include the second salary of £ 7,000 to claim additional points? Is there a valid reason for doing that?

I did not include it because I thought since I am getting the required point of 75 it will make no difference plus and that it will be quicker with the proof of income coming from one source. I had the BAC payment showing in my account from the 2nd employer and the P60 on me at the time, but the case worker said I cannot include it as it is changing the goal post.

because you did not include in the first instance,that's why CW has said you cannot include. Did they keep your Passport and any other documents with them?

Yes all my documents including the cohabitation proof documentation for my wives and her passport. Everything is with them. We also took the biometric data as well.

[Kevin24]

Why di d not you include the second salary of £ 7,000 to claim additional points? Is there a valid reason for doing that?

I did not include it because I thought since I am getting the required point of 75 it will make no difference plus and that it will be quicker with the proof of income coming from one source. I had the BAC payment showing in my account from the 2nd employer and the P60 on me at the time, but the case worker said I cannot include it as it is changing the goal post.

because you did not include in the first instance,that's why CW has said you cannot include. Did they keep your Passport and any other documents with them?

Yes all my documents including the cohabitation proof documentation for my wives and her passport. Everything is with them. We also took the biometric data as well.

O.K, Now they will have to make their decision with your documents. Hope they make it very soon. Keep us posted of the happenings.Good Luck.