ILR Spouse Eligibility

[virgotash]

Hi all,

I am keen to know the eligibility for ILR for my wife, Its too early at the moment but curious to know for future case preparation i.e. Life in the UK test and English test. Instead explaining in paragraph i like to let you know chronological order of immigration history to make it simple.

I got PSW visa 10-Feb-2011 to 10-Feb-2013
My wife got visa as dependent 29-Mar-2011
I switch my visa to tier 1 general 11-May-2011 to 11-May-2013
My wife entered in UK on 03-Aug-2012 on the same visa.
Now I got further 3 years extension till 14-Mar-2017 and my wife as well.
But I am eligible to apply for ILR in May-2016. Is my wife eligible as she got visa on 29-Mar-2011 or not because she entered in UK after 9-Jul-2012 where she has to complete 5 years. I am a bit confused can anyone shed light.

Thanks in advance.

[virgotash]

no one like to advise...........

[vinny]

I think that your wife may be included in your SET(O), if you are applying for SET(O) under the 5 year route.

[virgotash]

Hi,

I am here to seek some advise regarding my wife visa application.
I will apply for ILR in May 2016 from Tier 1 General and my wife is also eligible to apply with me. I am going to use premium service but thinking to apply her ILR after I got mine because still we both have leave to remain till March 2017.

Could you advise pros and cons. Will there be any impact on her immigration category i.e. being spouse of settled person. And lastly will this also impact my kids as I am going to apply for them afterward as well.

Thanks in advance for you help and assistance.

Regards,

[CR001]

No impact. Many people do this, main applicant first in person and then spouse and children by post.

[Casa]

I believe the general advise is to leave around 2 hours between appointments.

[virgotash]

Thanks CR001 for prompt reply. For all dependents still use FLR(O) form. Thanks

[CR001]

For your wife and children to apply for ILR it is form SET(O), same as your application.

[virgotash]

Hi all,
I am here to seek advise regarding my absence during my Tier 1 General visa.

Tier 1 General visa granted on 11/05/2011.
Out of UK from 11/07/2011 to 04/10/2011 (86 days) absence was sever illness of dad followed by death on 15/09/2011.

17/01/2013 to 03/02/2013 (18 days) partial holidays paid as I have only few to be paid. This was family visit as well as own business in foreign which earnings I claimed for Visa extension. In this case only require letter from employer for partial holidays paid or I can write a letter being self employed to justify absence.
I am worried about this because there are different answers from UKBA as well on board. If could shed light on any repercussion for any option. Will this break continuity if i say i was overseas but not economical active in UK. I have below post which i most concern about.

From: Settlement Ops Policy Mailbox
UK Border Agency

27 March 2013

Dear Sir,

I am sorry but we do not provide advice or comments on individual cases, but I can tell you that a Tier 1 (General) migrant is not required to be consistently employed in the UK, but must be economically active here. Tier 1 (General) category was introduced to allow highly skilled people to look for work or self-employment opportunities in the UK. Tier 1 (General) migrants can seek employment in the UK without a sponsor, and can take up self-employment and business opportunities here.

If a Tier 1 (General) migrant was outside of the UK for any reason other than to take annual leave, they would need to explain the reason for the absence and how they continued to be economically active (engaged in business and earning an income here) whist outside of the UK.

From 6 April 2013, Tier 1 (General) migrants will be required to submit evidence of all absences from the UK during the continuous period for ILR.

I trust this answers your questions.

Name

Name Surname | Settlement, Family and Nationality Operational Policy Team |Strategy and Assurance Group |UK Border Agency

Thanks in advance.

[CR001]

180 days absence per 12 month cycle is allowed.

P.S. Please don't name HO employees on the forum, they do have the right to privacy and have not consented to their names being put on a public forum.

[virgotash]

Thabks CR001. Sorry about name,

[virgotash]

Hi,

I like to share my experience today at Glasgow PEO.
I was on Tier 1 General and applied for ILR at Glasgow today with UK and self employed earning. My first application was based on foreign earnings (100%), I got my extension with UK salary income + UK self employed and Foreign income. I declared exact income with HMRC, hence no amendments. And today I went to Glasgow with UK salary income and UK self employed at 2 pm and got decision about 4:35 pm ILR approved only been asked to fill the questionnaire for self employment.

Huge relief.

Thanks

[martinstroke]

Hello Virgotash,

Congratulations on your approval. I would like to ask you a few questions if you would not mind sharing with me please.

I noticed that in your post, that your first application was based on 100% foreign earnings and also your first extension included some foreign income. Did you declare your foreign earnings during your 1st application as well as during your 1st extension to the HMRC and did you have to pay any taxes on this in the UK. if also you don't mind, was your very first application made while you were in the UK on another visa or that was your very first entry to the UK?

I am in a similar situation where in all my previous applications have been supported by full time salaried employment in the UK as well as some foreign earnings. I have always paid taxes as to the overseas tax authority.

Please what is your take on this and kindly looking forward to your reply.

Thanks very much.
Martins