ILR, Bank Statement and Spouse Gaps in Visa

[Afco]

I have been on a work permit for the last five years and I am hoping to apply for indefinite leave to remain as soon as I can.

However, my bank statements for the last three months are not in very good shape. I opted not to be paid in the month of December, as I took some time off. As a result, I have stretched my bank overdraft of 1500 to the limit - although I am clearing it bit by bit since I started getting my full salary in January.

If I submit my application now, my 3 months bank statement will show the month of December when I did not get a salary. Would it be wise to wait until the beginning of April to make an application so that I can submit the bank statements of Jan, Feb, and March - all of which will reflect the salary payment as well as a positive balance?

Another wee question - althought I have no visa gaps, my spouse, whose residence permit is dependent on my work permit, has some gaps in her visa from the time she was on a student visa. These gaps were however caused by delays at the Home Office, as she always applied on time.

Are her gaps likely to need explanations despite the fact that she is not the main applicant?

She got a dependent visa under my work permit in Oct 2005. My daughter, born in April 2005, also got her dependent visa under my work permit in October 2005. I intend to make a joint application for myself and them. Will they automatically get ILR if mine is sucessful or is there a minimum period required for one to be on a dependent visa before being considered for ILR?

We have been married since 2002 and we have all the necessary documents to prove this - joint bank statement, joint tenancy agreement, bank statement going to the same address since 2003, marriage certificate etc.

[VictoriaS]

Your wife and child should have their application added to yours, so will get ILR with you. No need to explain gaps.

As for your funds, if you can show that you can still support everyone, and explain why you didn't get paid in December, you should be fine.

Victoria