ILR Query

[ann001]

Hi Gurus,
I am on Tier 2 General and got it on 26 OCT 2011. My wife got her Tier 2 dependent visa from India on 11 Nov 2011 but she came to UK on 2nd Dec 2011.
I booked ILR PEO appointment for both of us on 30th Sep 2016. Below are the questions I need answers for:

1. Am I correct thinking that my wife is eligible to apply for ILR with me even though she hasnt completed 5 years yet?
2. My current salary is 37,700 out of which every month 150 is deducted under an investment plan with my company. So in 5.3 "If so, what is your pay each month after income tax and other deductions?" shall i put income on basis of 37,700(2225/month) or after deducting 150(2075/month).

Please help.

[CR001]

1. Yes, she can apply with you as she is pre 9th July 2012 rules which requires two years residence.

[Abc499]

2. 2075

[ann001]

Many Thanks for your kind replies. Below is the list of documents I am taking. Can you please do a quick check just in case:

1. Cover letter explaining my wife is applying under Transitional Provisions paragraphs 3.1.1 and 3.1.3 being applicable in her case.
2. Set o Form, passports and photos, along with photocopy of all docs
3. 2 separate employer letters one confirming soc code and other details. Other explaining paid holidays(absences from UK)
4. Marriage Cerificate
5. Child birth certificate
6. Past 3 months payslip, 5 year P60 and joint bank statement(my main bank account) from 26 may 2016 to 06 sep 2016
7. Cohab docs as below
a. Joint Tenancy agreement signed on 15 sep 2014
b. Joint bank statement from 28 aug 2014 to 10 Dec 2014
c. Joint Council Tax bill dated 11 mar 2015
d. my credit card bill and her HMRC letter dated may 15
e. my credit card bill and her NHS letter dated sep 15
f. My HMRC letter and her PO Money letter dated Jan 16
g. Joint council Tax bill dated mar 16
h. Joint bank letter and voting/poll cards dated may 16
i. My credit card letter and her credit card statement dated sep 16
j. Joint Tenancy agreement signed on 15 sep 16

Do I need anything else. Please advice

[ann001]

Hi All,
I just had a word with 3-4 different solicitors and they all saying that my wife can't apply with me as Tier2 Dependent and transitional provisions dont apply in her case. She comes under part 6A not under part 8. Is that true?
Also 1 solicitor said that I cant even apply for my ILR as my current visa is valid until Jan 2017 and I can only apply within 28 days of its expiry.

Please please advice as I cant afford to waste £4750 visa fees

[CR001]

They are talking nonsense.

Your wife applied before the 9th July 2012 rule changes. The April 2014 rule changes the 'solicitors' are likely referring to DO NOT apply to you if you are applying for ILR based on Tier 2 General and 5 years residence.

You can apply no sooner than 28 days before you qualify, regardless if your current visa is still valid for many months. On what date did YOU enter the UK?

[ann001]

Hi CR001,
I switched from psw(was valid until 21 dec11) within UK to tier2 general on 25 oct 2011.
My wife did same switched from her independent psw(valid until 4 dec 2011) to tier 2 dependent from india on 15 nov 2011.
She came back to uk from india on 02 dec 2011 after getting her dependent visa.
Also we got married in feb 2011

[CR001]

Are you apply for ILR based on Tier 2 with 5 years residence or ILR based on long residence? This is very important as this will make a huge difference on what your wife has to do.

[ann001]

On basis of 5 year residence on tier 2 as i got it on 25 oct 2011 so i believe shud be eligible from 27th sep 2016

[CR001]

Yes, and your wife can apply with you as she got dep visa before July 2012.

[ann001]

Many thanks CR001. Got some peace of mind
Can you please go through the documents i mentioned? Also in cover letter is it right to mention that it comes under transitional provisions 3.1.1 and 3.1.3 or is it 4.3.4 and 4.3.5 in my case?
Kindly Please clarify

[ann001]

Can someone please advice

[CR001]

Documents should be fine.

You don't need to point out the rules to HO, they are aware of them if your wife got a visa before July 2012.

[ann001]

Thanks CR001

[ann001]

Thanks For all your advice, Me and my wife successfully granted ILR

Can someone please let me know how long it takes to get BRP if appointment was in Solihull?

[ann001]

I got a new job so need to submit copy of my brp to new emplyer and give notice to old one asap.

[baddy]

Congrats ... Your BRP cards will be with you latest by Friday ... Someone will hit hard at your door to give them to you