ILR application questions - PEO app next week - Help please

[pavan_fb]

Hi,

I’m applying for ILR on 30th July 2013 and have few queries,

My back-ground is WP+Tier1 (general) +Tier 1 extension,

Initial entry date on WP: 1st June 2007

Tier1 (General) – Initial application granted – 1st Sep 2008

Married in Feb 2011 – Wife entered UK on Tier1 PBS dependent visa on 20th may 2011.

Tier1 (general) extension both for me and my wife – 1st Sep 2011 valid till 1st Sep 2013

She left UK on 25th Sep 2011 and returned on 26th July 2012 for Maternity purposes with baby with Indian passport and my child has Tier1 dependent visa valid till same as ours.

I have stayed in UK for more than 6 years and my wife on continuous PBS dependent visa from may 2011.

My Questions are

1. Can my wife and child apply with me at same time as my ILR application and would they be eligible?


2. Do we need to apply our child with us? or should we wait till we both Me and my wife get our ILR’s then can we register our child directly as British citizen? Is that only for UK born babies? ( My Child is born in India and with Indian passport and a valid visa till Sep 2013)


3. My wife has a 10 month absence from UK due to Maternity reasons, is this worry? I have written a self explanation letter regarding absence and GP letter, will this be enough?


4. I have 133 absences from UK in last 5 years,
a. I have 2 previous employers and one of them did not give the letter stating all absences instead gave a letter saying I’m entitled for 23 days paid annual leaves and all annual leaves I took are paid, Is this enough?

b. Do I need employer letter as my absences seem to be under 180 day’s threshold?


c. I’m married in India – will this be a compassionate/Compelling reason?

d. I have visited when my child was born in India – Do I need to declare this as compelling reason?



5. Lot of questions on Cohabitation evidence, as I was settled at our address from 2009 and she moved in may 2011, I had all the bills on my name only, and we don’t have much of documentation on joint names.
a. She got only couple of letters in 2011 from NHS regarding her Maternity appointments.


b. I have asked council to add her name to our council tax and re-issue the bills – the bills are issued on 4th July 2013 for last 2 years – Will this be valid proof?
i. The council tax bills were issued as her title as Miss, which I have asked to change and they are going to change and re-issue this week. – Are this valid cohabitation proof?

c. We have a joint memberships letters to one of charity’s and got 2 letters dated may 2013 and July 2013 both are having all stated requirements such as logo, address etc.- Will this be valid proof?
d. She has individual membership with another charity and letter from them from May 2013. Will this be valid proof?

e. GP gave a letter on both of our names confirming we are registered at our address from June 2011. - Will this be valid proof?

f. GP letter to UKBA stating she was India for baby delivery and returned and child registered too as soon as she returned. - Will this be valid proof?

g. I have asked Council to give us a letter stating she moved into property from May 2011 and they are in process of doing this- Will this be valid proof?

h. Due to her absence from UK due to maternity and non-economic activity she has no correspondence in 2012 and in 2013 till May 2013 – Is this, such a big concern that I should not apply her ILR with me?

6. I have P60’s missing for 2010-11 and 2011 -12 but got HMRC employment history for last 6 years and full bank statements from past 6 years. – Will this sufficient, some old posts on forum seems to suggest I should be ok on this?


7. I have taken a speed awareness course last year; do I have to declare this? I have been tried in court or anything like that so im assuming this is not required to be declared?

8. I have an employee reference letter from current employer but resigned recently and joining at new company on 5th Aug do I have to declare this? Do I need to have any documents from new employer, I have my offer letter with me and my resignation confirmation from current employer, will this be sufficient?


9. Finally I booked a PEO appointment at Birmingham Solihull, Is my case complicated enough to go to senior CW? Is it best to go to Croydon PEO as there might be senior CW’s present there?

Any replies/ suggestions/ advice / views will be greatly appreciated.

Many Thanks,

[Amber]

You have a load of questions.

Your wife may be eligible for settlement at the same time, absences which are limited and for good reason should be ok. Maternity for cultural and family reasons should suffice. Your child needs to settle too as the Home Office will expect to see this when s(he) eventually registers as British. I wouldn't worry too much regarding absences as you're well below the limit. Wage slips for the times in question should suffice if questions are asked. You can also write a statement regarding the absences. Cohabitation proof should be evenly spread out since your last extension in September 2011. A letter each or one joint for every 4 months should suffice, get digging and see what you can find. The Speed Awareness Course is not relevant. Your other questions can be answered by reading the FAQ.

[pavan_fb]

Hi Amber,

Thanks for your reply, I have been digging for letters, all I could find are these

1. On Wife's name, From NHS, GP Registration Card, Dated 03/06/2011
2. On Wife's name, From UKBA biometric letter, Dated: 25/06/2011
3. On Wife's name, From UKBA Application letter, Dated: 22/08/2011
4. On Wife's name, From NHS hospital, appointment Letter, dated: 08/09/2011
5. On Wife's name, From NHS, Green Book, No date
6. On Wife's name, From National Trust, dated: 23/05/2013
7. On Joint names, from English Heritage, Dated: 26/05/2013
8. On Joint names, from English Heritage, Dated: 01/07/2013
9. On Joint names, from Council Tax, Dated: 04/07/2013
10. On Wife's name, From GP letter on registration date and address, dated: 15/07/2013
11. On Joint names, from GP letter on registration date and address, Dated: 15/07/2013
12. On Wife's name, From Council Tax letter on residence that she started living at our address from may 2011, Dated:15/07/2013

I cant find any letters for duration sep 2011 to April 2013.

if I have added letter from council stating she is living at our address since may 2011 will that be valid proof? Also GP stating her start dates will that be valid proof?

[Amber]

Hi Amber,

Thanks for your reply, I have been digging for letters, all I could find are these

1. On Wife's name, From NHS, GP Registration Card, Dated 03/06/2011
2. On Wife's name, From UKBA biometric letter, Dated: 25/06/2011
3. On Wife's name, From UKBA Application letter, Dated: 22/08/2011
4. On Wife's name, From NHS hospital, appointment Letter, dated: 08/09/2011
5. On Wife's name, From NHS, Green Book, No date
6. On Wife's name, From National Trust, dated: 23/05/2013
7. On Joint names, from English Heritage, Dated: 26/05/2013
8. On Joint names, from English Heritage, Dated: 01/07/2013
9. On Joint names, from Council Tax, Dated: 04/07/2013
10. On Wife's name, From GP letter on registration date and address, dated: 15/07/2013
11. On Joint names, from GP letter on registration date and address, Dated: 15/07/2013
12. On Wife's name, From Council Tax letter on residence that she started living at our address from may 2011, Dated:15/07/2013

I cant find any letters for duration sep 2011 to April 2013.

if I have added letter from council stating she is living at our address since may 2011 will that be valid proof? Also GP stating her start dates will that be valid proof?

What about anything from the council? You really need to get some letters for 2012, even junk mail (unsolicited mail) as a last resort.

[pavan_fb]

Hi Amber,

Thanks for your reply.

I have couple of letters from Indian family doctor, following up my wifes post maternity related issues and providing advice. will this be any good will UKBA consider indian doctor's letters?

what about letter from council that she living at our address since may 2011? will they consider this?

Also GP gave a letter too with stating our registration date and a letter to UKBA it self confirming we registered from our address in may 2011 and later registerd our child in july 2012, will they consider this?

I'm getting very tensed about this, does UKBA still give me my ILR though even if the wife cohabitation is not proven, will they give me and my child the ILR or will they refuse whole application?

any advice will be appreciated.

Thanks,
Pav

[pavan_fb]

Hi,

Just an update,

I applied with wife and child as well on same set-o, 1 main + 2 dependents

I got my ILR approved. Wife application got refused and Child got ILR approved as well.

Refusal reason, she did not live in UK for 2 years.

She had 16 months out of 26 months in UK and that is why she is asked to make a PBS dependent extension and then apply with Set-o.

I'm trying to get advice from one of immigration advisors how to extend my wifes visa, Is it PBS dependent? or FLR(M)?

If FLR(M) then does she have to wait for 5 years for her settlement?

Any one has been in this situation.

Regards,
Pavan

[Amber]

You said above that she had 10 months out for maternity. Did you make this point very clear in the application?

See here (click) for the extension form. Did you actually get rejected or did they just advise you not to apply for her?

[Subbarao]

Hi Pavan,

congrats for your ILR and its sad that you need to go through another application form for your wife.

Can I ask you a question regarding section 11 L , what documents that you have submitted and asked by the caseworker to prove that you have met UK immigration rules prior to your Tier1 grant ?

please suggest.

thanks.