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ILR Application - Help Please

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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glasgow
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Joined: Thu May 02, 2013 8:18 pm

ILR Application - Help Please

Post by glasgow » Sun May 12, 2013 6:43 pm

I will be applying for ILR with a dependent in June 2013 and I will appreciate it if you can clarify some of the questions I have. Here are my details:

1. Got Fresh Talent Scheme in 2007 but switched to Tier 1 General in Jun 5, 2008
2. Been in Tier 1 General from 05-Jun-2008 till date (Current Tier 1 leave valid until Jan 25, 2014
3. I intend to apply for ILR because I will be clocking 5 years in Tier General in 04-Jun-2013
4. 5 years Tier General => 05-Jun-2008 to 04-Jun-2013.

I have gone through the application form but I have some questions please.

(A) Documents
Do I have to provide proof of earnings for the whole 5 years?

(B) What evidence has been provided to support the reasons for all absences from the UK?

Since Jun 5, 2008, I have only been absent from the UK for 1 month. I traveled to home country for holiday and marriage/wedding. This 1 month holiday was unpaid because I was contracting and using umbrella company for handling my payments/taxes. Do I have to provide letter/evidence for this absence? If yes, will it be personal letter or from the umbrella company?

(D) 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.

* Please, what does UKBA mean by this requirement?
* Does it mean I have to provide the documents I used for my Fresh Talent application? Or will Fresh Talent approval letter from home office be enough?
* Or do I have provide documents, including payslips & bank statements, for my first Tier 1 General application or just approval letter from UKBA?

To be honest, it will impossible for me to gather these old documents again!!!!!!!!!

(E) SECTION 5 of the application form - YOUR HOME AND FINANCES
• Should I use Gross salary or net salary?
• I got a salary increase in Apr-2013, should I use the old salary since I can corroborate last 12 salary with bank statements or should I use the new salary that started in Apr-2013?
• I get special payment from my company every January and this started 2 years ago but will end after Jan-2014 payment. Should I include this payment as my income? The reason I am asking is that in the UKBA form, its indicated that applicant should state their income in Weekly/Monthly format. This will not be consistent with this single annual payment. Please advise.
• The same issue with my annual holiday bonus payment. Should I include this too even though is annually? Should I use my previous holiday amount which I can evidenced or just the new increased 2013 amount even though it hasn't been paid yet (will be paid later in the year)?
• Again, I had a 2 weeks paternity leave when my son was born. Please, do I have to indicate these 2 weeks paternity leave for the purpose of “your home and finances session”? I was paid normally i.e my monthly income was the same as before and after the leave.


Lastly, I must apologize for asking too many questions. I just want to make sure I get it right once.
Thank you :)

uksettlement
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Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
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Re: ILR Application - Help Please

Post by uksettlement » Sun May 12, 2013 7:59 pm

glasgow wrote:I will be applying for ILR with a dependent in June 2013 and I will appreciate it if you can clarify some of the questions I have. Here are my details:

1. Got Fresh Talent Scheme in 2007 but switched to Tier 1 General in Jun 5, 2008
2. Been in Tier 1 General from 05-Jun-2008 till date (Current Tier 1 leave valid until Jan 25, 2014
3. I intend to apply for ILR because I will be clocking 5 years in Tier General in 04-Jun-2013
4. 5 years Tier General => 05-Jun-2008 to 04-Jun-2013.

I have gone through the application form but I have some questions please.

(A) Documents
Do I have to provide proof of earnings for the whole 5 years?
No just last 1 year

(B) What evidence has been provided to support the reasons for all absences from the UK?
Just a personal letter explaining the absence from you would suffice.

Since Jun 5, 2008, I have only been absent from the UK for 1 month. I traveled to home country for holiday and marriage/wedding. This 1 month holiday was unpaid because I was contracting and using umbrella company for handling my payments/taxes. Do I have to provide letter/evidence for this absence? If yes, will it be personal letter or from the umbrella company?

(D) 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.

* Please, what does UKBA mean by this requirement?
* Does it mean I have to provide the documents I used for my Fresh Talent application? Or will Fresh Talent approval letter from home office be enough?
* Or do I have provide documents, including payslips & bank statements, for my first Tier 1 General application or just approval letter from UKBA?

To be honest, it will impossible for me to gather these old documents again!!!!!!!!!

(E) SECTION 5 of the application form - YOUR HOME AND FINANCES
• Should I use Gross salary or net salary?
Gross
• I got a salary increase in Apr-2013, should I use the old salary since I can corroborate last 12 salary with bank statements or should I use the new salary that started in Apr-2013?
Upto You
• I get special payment from my company every January and this started 2 years ago but will end after Jan-2014 payment. Should I include this payment as my income? The reason I am asking is that in the UKBA form, its indicated that applicant should state their income in Weekly/Monthly format. This will not be consistent with this single annual payment. Please advise.
Again upto you
• The same issue with my annual holiday bonus payment. Should I include this too even though is annually? Should I use my previous holiday amount which I can evidenced or just the new increased 2013 amount even though it hasn't been paid yet (will be paid later in the year)?
You cannot use salary of last year as the salary should be 12 consecutive months of the last 15 months.

• Again, I had a 2 weeks paternity leave when my son was born. Please, do I have to indicate these 2 weeks paternity leave for the purpose of “your home and finances session”? I was paid normally i.e my monthly income was the same as before and after the leave.
You should

Lastly, I must apologize for asking too many questions. I just want to make sure I get it right once.
Thank you :)
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

glasgow
Newly Registered
Posts: 12
Joined: Thu May 02, 2013 8:18 pm

Post by glasgow » Mon May 13, 2013 8:01 pm

Thanks for the feedback but I still have issues with the following. Please, someone help me with what is required of me?

"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."

* Please, what does UKBA mean by this requirement?
* Does it mean I have to provide the documents I used for my Fresh Talent application? Or will Fresh Talent approval letter from home office be enough?
* Or do I have provide documents, including payslips & bank statements, for my first Tier 1 General application or just approval letter from UKBA?

stokbrig
Member
Posts: 245
Joined: Mon Sep 17, 2012 1:04 pm
Location: UK

Post by stokbrig » Mon May 13, 2013 9:56 pm

glasgow wrote:Thanks for the feedback but I still have issues with the following. Please, someone help me with what is required of me?

"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."

* Please, what does UKBA mean by this requirement?
* Does it mean I have to provide the documents I used for my Fresh Talent application? Or will Fresh Talent approval letter from home office be enough?
* Or do I have provide documents, including payslips & bank statements, for my first Tier 1 General application or just approval letter from UKBA?
Fresh Talent scheme has not been mentioned in section 11 Documents however, I think you will be treated as work permit holder. I would suggest you to contact the UKBA to ask about the requirements .
Have you booked an appointment?where?

glasgow
Newly Registered
Posts: 12
Joined: Thu May 02, 2013 8:18 pm

Post by glasgow » Mon May 13, 2013 11:27 pm

stokbrig wrote:
glasgow wrote:Thanks for the feedback but I still have issues with the following. Please, someone help me with what is required of me?

"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."

* Please, what does UKBA mean by this requirement?
* Does it mean I have to provide the documents I used for my Fresh Talent application? Or will Fresh Talent approval letter from home office be enough?
* Or do I have provide documents, including payslips & bank statements, for my first Tier 1 General application or just approval letter from UKBA?
Fresh Talent scheme has not been mentioned in section 11 Documents however, I think you will be treated as work permit holder. I would suggest you to contact the UKBA to ask about the requirements .
Have you booked an appointment?where?
The Fresh Talent is outside my 5 years. That is, I am not counting time spent in Fresh Talent Scheme. I guess UKBA usually don't answer questions on phone. I have called them before without success. I am still searching for appointment date.

Please, experienced guys here, can you help me on this requirements?

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