ILR Questions - Long residence

[haqhash]

Hi All,
I will be applying ILR on the basis of 10 years route. My questions are below

1. I have read the application form and Home office needs following documents for every year of my stay

a. HMRC letters fo each year
b. Council tax or utility bills for each year
c. Tenancy agreement for each year
d. Letter from the doctor for each year

It will not be possible to get all these letters for each year as i have changed about 10 addresses. Is there an alternative?

2. Secondly my wife came in UK in 2012. Which visa she needs to apply ? Can she apply as dependant or any other visa?

3. My daughter born in 2012 in UK , which visa she will need?
4. How to calcualte abcenses ? Is it per year or per 5 years or per 10 years?

I shall be very thankful if someone can reply to my questions

[CR001]

1. Those documents are ONLY required if you do not have all the passports covering the 10 years qualifying period, including the one you entered the UK with. If you have the passports you do not have to send all those documents.

2. What is your current visa status? When did your wife apply and enter the UK? Your spouse will need to switch to FLR(M) if you apply on long residence basis and this switch will reset her clock to zero for ILR and she will have to wait a further 5 years before she qualifies for ILR. The time spent on her current visa, which I will guess is PBS Dep, will be lost. She will also have to pay the new NHS surcharge of £500 for a 2.5 year FLR(M) visa on top of the visa fee and will need to meet the English A1 test and there is a financial requirement of £18,600pa that you have to meet (based on your daughter being approved for citizenship).

3. She does not need a visa. Once you are granted ILR you can register your daughter as British Citizen under section 1(3) of the nationality Act which is an entitlement to register.

5. Absence are counted backwards per 12 month cycle. There are limits if you are applying on the basis of 10 years long residence and the absence allowed in the qualifying period is 540 days. Your residency will be broken if you have an absence of more than 6 months.

[haqhash]

Thanks CR001 for your prompt reply.

1) Thanks for clarifying about the document

2. I am on Tier 1 general visa. My wife came in March 2012 and she applied in January 2012. The financial requirement is for Salary based empyment or self employement?

3) Thanks for your answer about my daughter

4) Sorry i am still confused about 540 days absence. Do you mean total absences in all ten years period can not be more than 540 days?

Or Total absences in last 5 years can not be more than 540 days? Also is there a limit of absences per year as well or in total for 5/10 years?

Many Thanks

[CR001]

Thanks CR001 for your prompt reply.

1) Thanks for clarifying about the document

2. I am on Tier 1 general visa. My wife came in March 2012 and she applied in January 2012. The financial requirement is for Salary based empyment or self employement? You can use both. Make sure that your income declared to UKVI and HMRC is the same and that all tax has been paid. There have been a number of refusal for this under deception recently. If you have spent 5 years on Tier 1 and your spouse came before 9th July 2012, you will both qualify for ILR if you apply as main applicant on the basis of 5 years as your spouse will only need 2 years residence. This would be the easier and cheapest route for you and your spouse. This is not the case if you apply on 10 years long residence though.

3) Thanks for your answer about my daughter

4) Sorry i am still confused about 540 days absence. Do you mean total absences in all ten years period can not be more than 540 days? Yes, 540 days absence in the 10 years. See Caseworker Guidance - Long Residence (Click)

Or Total absences in last 5 years can not be more than 540 days? Also is there a limit of absences per year as well or in total for 5/10 years?You have stated you are applying on the basis of 10 years long residence. The absences for the 10 years has a limit and 5 years is irrelevant. For 5 years the absence limit is 180 days per 12 month cycle.

Many Thanks