general ILR questions

[SADIE100]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

[Amber]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

You do not have to include your British child but can add information that you have a British Child in section 3.9.

Bank statements are fine just make sure you use another two sources for the latter half of the period.

You don't need to have savings your wage is more than enough. Is your husband claiming carers allowance?

If you claimed Job Seekers allowance and were paid a couples rate that could prove an issue but a single rate is fine.

You can apply after 28 days before completing the 2 year period under the spouse visa.

[SADIE100]

Thank you Amber

My husband is not claiming any benefits and never has it was clear on his visa that he has no recourse to public funds.

Job seekers allowance was a single rate.

However when I claimed for child tax credits they asked about my husband and by then he had a NI number which I gave and explained he has no recourse to public funds.

When we received the letter from HMR&C it was in both our names and stated that i claimed tax credits jointly, I called to ensure that they knew he had no recourse to public funds and they said they knew this. It is clear on the paper work that the payments are made to me for our child but I wouldn't want to use these if it is misunderstood.


Please could you advise, Many thanks

[Kevin24]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

You do not have to include your British child but can add information that you have a British Child in section 3.9.

Bank statements are fine just make sure you use another two sources for the latter half of the period.

You don't need to have savings your wage is more than enough. Is your husband claiming carers allowance?

If you claimed Job Seekers allowance and were paid a couples rate that could prove an issue but a single rate is fine.

You can apply after 28 days before completing the 2 year period under the spouse visa.

Congratulations D4109125 On your Upgrade to GURU Status. Calls for a Party.

[onabanjo]

Your not using it is not important. You need to disclose all required information when you applied to homeoffice for your settlement. However, do note that whatever information you provide on your form would be confirm independently from other government agencies. That means it is in your interest that you disclose all material information that are correct because the failure of this may cost you fortune aside rejection of the application, which am sure you wont wish to happen.

[Kevin24]

Thank you Amber

My husband is not claiming any benefits and never has it was clear on his visa that he has no recourse to public funds.

Job seekers allowance was a single rate.

However when I claimed for child tax credits they asked about my husband and by then he had a NI number which I gave and explained he has no recourse to public funds.

When we received the letter from HMR&C it was in both our names and stated that i claimed tax credits jointly, I called to ensure that they knew he had no recourse to public funds and they said they knew this. It is clear on the paper work that the payments are made to me for our child but I wouldn't want to use these if it is misunderstood.


Please could you advise, Many thanks

What ever Benefits you have claimed you need to disclose. Now that you have a Full time job,do you still claim any benefits? The CW will have to be satiusfied that You could maintain your husband with out any recourse to public funds.

[SADIE100]

Now I am working full time I do not get any benefits other than child benefit.

Child tax credits stopped April 2013 I was still receiving child tax credits for the previous year, I started full time work in July 2012.

[Kevin24]

Now I am working full time I do not get any benefits other than child benefit.

Child tax credits stopped April 2013 I was still receiving child tax credits for the previous year, I started full time work in July 2012.

O.K. Could you please List the documents you are going to send to UKBA. Are you going to do By post or going for a PEO appointment? There after I will let you know what is the best course of action to take??

[SADIE100]

We plan to do PEO with following documents

1. Life in the Uk test pass cert
2. Passports
3. Joint bank statements for the two years
4. Letter in husbands name from DWP for NI No. in DEC 2011 (arrival NOV 2011)
5. Letter in my name from HMR & C for working and child tax credits DEC 2011
6. Letter in joint names from HMR & C for child tax credits (MAY 2012)
7. Joint Tenancy agreement Aug 2012
8. Gas and Electric, water, council tax bills in joint names from Aug 2012 onwards...

We lived with my mother for the first year so we had no bills only DWP and HMR & C correspondence as above, we have some letters from the doctors only in my husbands name. Do you think I need to ask my mother for a letter or is the above enough ?

Thank you
Sadie

[Kevin24]

We plan to do PEO with following documents

1. Life in the Uk test pass cert
2. Passports
3. Joint bank statements for the two years
4. Letter in husbands name from DWP for NI No. in DEC 2011 (arrival NOV 2011)
5. Letter in my name from HMR & C for working and child tax credits DEC 2011
6. Letter in joint names from HMR & C for child tax credits (MAY 2012)
7. Joint Tenancy agreement Aug 2012
8. Gas and Electric, water, council tax bills in joint names from Aug 2012 onwards...

We lived with my mother for the first year so we had no bills only DWP and HMR & C correspondence as above, we have some letters from the doctors only in my husbands name. Do you think I need to ask my mother for a letter or is the above enough ?

Thank you
Sadie

There is no harm in asking a letter from Your Mum,closer to your appointment date. An additional document. How about Voting/NHS Cards? Your Employer's letter and Payslips and proof in Bank statements?

[Kevin24]

Also please read others experiences posted in this Forum who have claimed Benefits? It will give you some idea as to how to approach the PEO appointment. If you need further advise feel free post your queries.

[Kevin24]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

Hi! Sadie , You have to get your G.P to confirm about Upali's slip disc diagnosis and also any Hospital Letters to back it up.

[Amber]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

You do not have to include your British child but can add information that you have a British Child in section 3.9.

Bank statements are fine just make sure you use another two sources for the latter half of the period.

You don't need to have savings your wage is more than enough. Is your husband claiming carers allowance?

If you claimed Job Seekers allowance and were paid a couples rate that could prove an issue but a single rate is fine.

You can apply after 28 days before completing the 2 year period under the spouse visa.

Congratulations D4109125 On your Upgrade to GURU Status. Calls for a Party.

Thank you Kevin,

[Amber]

Thank you Amber

My husband is not claiming any benefits and never has it was clear on his visa that he has no recourse to public funds.

Job seekers allowance was a single rate.

However when I claimed for child tax credits they asked about my husband and by then he had a NI number which I gave and explained he has no recourse to public funds.

When we received the letter from HMR&C it was in both our names and stated that i claimed tax credits jointly, I called to ensure that they knew he had no recourse to public funds and they said they knew this. It is clear on the paper work that the payments are made to me for our child but I wouldn't want to use these if it is misunderstood.


Please could you advise, Many thanks

That is fine, by law tax credits has to be a joint claim, in both names. However, as you are not subject to immigration control the tax credits in such circumstances are not classed as public funds and thus can be claimed by you both as prescribed by law.

[Kevin24]

Hi ,

We are going to be applying for settlement at the end of the year, Upali my husband is Sri Lankan and has been here on a spouse visa and we are preparing early so that we are not rushing last minute, we have a few questions:

How much money do we need to have in the savings account?

How much information do we need to have from the first year as we were living at parents with not any utilities bills etc. and so not much mail other than national insurance number letter and a joint bank account statement.
When my husband’s spouse visa was accepted I lost my job here in the UK , when he arrived we were living on my job seekers allowance and tax credits and donations from the family, the hmrc were aware that Upali was here as I notified all relevant parties and the tax credit letters arrived with both our names on, will this be seen as using public funds and go against us ?

Upali has been caring for our son for the last two years whilst I have been in full time work since Jul 2012 earning 37K . Our son is 3.5yrs old and so not yet in full time school, Upali has been diagnosed with slipped disc and so working has not been possible for him yet.

Do we add our son on to the application? He was born in Sri Lanka in 2009 when we were living there and soon after I went to British embassy to get him a British passport which he has, as the SET (M) form asks for child making application and nowhere else to add his details as a none applicant. Do we add his details or not?

The expiry date on my husband’s visa is Feb 2014 but entered country in NOV 2011 do we make the application on exactly 2yrs or do we have up until the expiry date ?

Thank you

Kind Regards
Sadie

You do not have to include your British child but can add information that you have a British Child in section 3.9.

Bank statements are fine just make sure you use another two sources for the latter half of the period.

You don't need to have savings your wage is more than enough. Is your husband claiming carers allowance?

If you claimed Job Seekers allowance and were paid a couples rate that could prove an issue but a single rate is fine.

You can apply after 28 days before completing the 2 year period under the spouse visa.

Congratulations D4109125 On your Upgrade to GURU Status. Calls for a Party.

Thank you Kevin,

You are welcome!! What about the Party D4109125??

[SADIE100]

Hi Folks ,

Hope the party went well...

We had a bit of a bomb shell on Friday that I am so worried is going to 1. have a detrimental affect on our application and 2. mean we are going to really struggle on the payment of the PEO....

After pulling out old paperwork I realized that I hadn't any letters to this address from HMR & C, especially to inform us that they were going to stop the child tax credits in Apr this year. So I went on their web site and notified of change of address, however I had done this way back when we moved here in August 2012 by mail, unfortunately I have no proof of this..but I know I did.

I had been surprised that we continued to receive child tax credits after I started work in Jul 2012, but I thought that they calculated on the income of the year previous and so as I had lost job in May 2011 and started work in Jul 2012 presumed that I continued to receive because of this.

But I can not work it out how they calculate it I am not that clever at all, anyway the letter we received was a HMR &C debt management letter saying that they had previously written to tell us they had over payed us by 627gbp and that we were to pay it back, this letter was a statement of liabilities which sounds really scary, I know we have to pay it back and on Monday have to arrange to pay a monthly sum over 12 months.

The date is for the period ending 08-11-2011 ( this was the date my husband arrived here) So I guess what they have done is supported us until we got out of a mess and are now claiming it back that we are back on our feet, which is fine. I guess it may be a good thing to show we are now able to support ourselves but with the addresses being all wrong is going to look really messy for the application.

As I never saw the previous letter from them and when I called my mum to ask if she had she said "o yes sorry love I hadn't got round to sorting your mail" aaarrrggg!

I shouldn't be mad with her she has a lot to deal with , my grandmother with Alzheimers and my disabled sister .

So now it is such a mess... but yes we do have letter from my employer and letters from GP and hospital appointments, payslips and voting cards, there is some writing on the hospital appointments will that matter?

Thanks and Regards

Sadie

[Amber]

Hi Folks ,

Hope the party went well...

We had a bit of a bomb shell on Friday that I am so worried is going to 1. have a detrimental affect on our application and 2. mean we are going to really struggle on the payment of the PEO....

After pulling out old paperwork I realized that I hadn't any letters to this address from HMR & C, especially to inform us that they were going to stop the child tax credits in Apr this year. So I went on their web site and notified of change of address, however I had done this way back when we moved here in August 2012 by mail, unfortunately I have no proof of this..but I know I did.

I had been surprised that we continued to receive child tax credits after I started work in Jul 2012, but I thought that they calculated on the income of the year previous and so as I had lost job in May 2011 and started work in Jul 2012 presumed that I continued to receive because of this.

But I can not work it out how they calculate it I am not that clever at all, anyway the letter we received was a HMR &C debt management letter saying that they had previously written to tell us they had over payed us by 627gbp and that we were to pay it back, this letter was a statement of liabilities which sounds really scary, I know we have to pay it back and on Monday have to arrange to pay a monthly sum over 12 months.

The date is for the period ending 08-11-2011 ( this was the date my husband arrived here) So I guess what they have done is supported us until we got out of a mess and are now claiming it back that we are back on our feet, which is fine. I guess it may be a good thing to show we are now able to support ourselves but with the addresses being all wrong is going to look really messy for the application.

As I never saw the previous letter from them and when I called my mum to ask if she had she said "o yes sorry love I hadn't got round to sorting your mail" aaarrrggg!

I shouldn't be mad with her she has a lot to deal with , my grandmother with Alzheimers and my disabled sister .

So now it is such a mess... but yes we do have letter from my employer and letters from GP and hospital appointments, payslips and voting cards, there is some writing on the hospital appointments will that matter?

Thanks and Regards

Sadie

No writing on the letter won't be an issue. However get the HMRC debt sorted, send them a financial statement with how much you can afford. If you're in hardship you can ask them to write it off. Also if you think it's wrong you can dispute it.

Regarding the letters, for every 4 months over the two year period you want to show a joint letter or one each and from at total of at east 3 different sources.

[SADIE100]

Hi Amber thanks,

I spoke to this debt collection section of HMR & C on Friday and they said that I would have to make the payments or they would take legal action against me, however I could appeal which could take 7-9 mths and then if they were in the wrong they would pay it back later.

I will speak to them again on Monday and explain our situation and mention hardship due to finding the money for the ILR fee's
and hope they will except this.

I have looked for other posts for people who may have had similar problems but can't see any, have you come across any ?

Kind Regards
Sadie

[Amber]

Hi Amber thanks,

I spoke to this debt collection section of HMR & C on Friday and they said that I would have to make the payments or they would take legal action against me, however I could appeal which could take 7-9 mths and then if they were in the wrong they would pay it back later.

I will speak to them again on Monday and explain our situation and mention hardship due to finding the money for the ILR fee's
and hope they will except this.

I have looked for other posts for people who may have had similar problems but can't see any, have you come across any ?

Kind Regards
Sadie

Tax credit overpayments? Yes, hundreds of cases not on here when I was at the cab. You can't appeal am overpayment decision but you can dispute it. I.e. you informed them of the change of circumstance and they didn't update the system. I would put all correspondence in writing, I also wouldn't use ilr fees as a hardship issue just say struggling with general living and enclose a financial statement.

[Kevin24]

Hi Folks ,

Hope the party went well...

We had a bit of a bomb shell on Friday that I am so worried is going to 1. have a detrimental affect on our application and 2. mean we are going to really struggle on the payment of the PEO....

After pulling out old paperwork I realized that I hadn't any letters to this address from HMR & C, especially to inform us that they were going to stop the child tax credits in Apr this year. So I went on their web site and notified of change of address, however I had done this way back when we moved here in August 2012 by mail, unfortunately I have no proof of this..but I know I did.

I had been surprised that we continued to receive child tax credits after I started work in Jul 2012, but I thought that they calculated on the income of the year previous and so as I had lost job in May 2011 and started work in Jul 2012 presumed that I continued to receive because of this.

But I can not work it out how they calculate it I am not that clever at all, anyway the letter we received was a HMR &C debt management letter saying that they had previously written to tell us they had over payed us by 627gbp and that we were to pay it back, this letter was a statement of liabilities which sounds really scary, I know we have to pay it back and on Monday have to arrange to pay a monthly sum over 12 months.

The date is for the period ending 08-11-2011 ( this was the date my husband arrived here) So I guess what they have done is supported us until we got out of a mess and are now claiming it back that we are back on our feet, which is fine. I guess it may be a good thing to show we are now able to support ourselves but with the addresses being all wrong is going to look really messy for the application.

As I never saw the previous letter from them and when I called my mum to ask if she had she said "o yes sorry love I hadn't got round to sorting your mail" aaarrrggg!

I shouldn't be mad with her she has a lot to deal with , my grandmother with Alzheimers and my disabled sister .

So now it is such a mess... but yes we do have letter from my employer and letters from GP and hospital appointments, payslips and voting cards, there is some writing on the hospital appointments will that matter?

Thanks and Regards

Sadie

G.P's letter if it is dated 1 month before your PEO appointment,will be really good. There are some posts regarding child's credits, I will look for them and give you the links. I did advise some body,who wanted to repay back the child credits to get every thing in writing from HMRC. You could invite us for a Party once every thing is sorted out.i.e:- ILR granted.

[Kevin24]

Also please read others experiences posted in this Forum who have claimed Benefits? It will give you some idea as to how to approach the PEO appointment. If you need further advise feel free post your queries.

Hi! On Top of the-is Page, in Search Type " CHILD CREDITS" and select Indefinite Leave to Remain Forum, You will get loads of Posts. I just dd that. Hope reading them would help you to get some understanding. Let me know how did you get on with it?

[SADIE100]

Hi Kevin,

Thanks I will have a look at those posts and make sure hubby gets to the see GP for the letter, this is a great place so many really helpful people....we hope to be celebrating at the end of this year and if you are anywhere near Basingstoke you will be more that welcome

[Kevin24]

Hi Kevin,

Thanks I will have a look at those posts and make sure hubby gets to the see GP for the letter, this is a great place so many really helpful people....we hope to be celebrating at the end of this year and if you are anywhere near Basingstoke you will be more that welcome

Onceevery thing is sorted out with the ILR,we will celeberate. One more thing I would advise you to go through a Council SCS service. Their Officers are trained on Immigration Matters.. There is less liklehood of your Application being rejected BY UKBA. You could check on the UKBA web site whether there are any Councils near to you,who do SET (M) checking service. The Council near to My home they do provide that service.I will check and let you know as to how much they charge for this service.

[Kevin24]

Hi Kevin,

Thanks I will have a look at those posts and make sure hubby gets to the see GP for the letter, this is a great place so many really helpful people....we hope to be celebrating at the end of this year and if you are anywhere near Basingstoke you will be more that welcome

Onceevery thing is sorted out with the ILR,we will celeberate. One more thing I would advise you to go through a Council SCS service. Their Officers are trained on Immigration Matters.. There is less liklehood of your Application being rejected BY UKBA. You could check on the UKBA web site whether there are any Councils near to you,who do SET (M) checking service. The Council near to My home they do provide that service.I will check and let you know as to how much they charge for this service.

Hi! Log in to www.brent.gov.uk or search for Settlement Checking Service , from Brent Council.

[SADIE100]

Hi Kevin,

Yes we checked nearest to us is Bracknell they do SCS for 77gbp and plan to go there, a week or so before we make appointment at PEO.

Thank you