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DLR to ILR but seperated briefly from hubby, claimed benefit

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Firewoman
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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Tue Jun 13, 2017 2:39 pm

azharmahmood wrote:i am really sorry and it wasn't my intention to create confusion , i was trying to get answer of the stated question about council tax thats all....my apologies
I think its ok to ask these questions as they are helpful to me and what i would like to ask too. If the water bill or council tax is in arrears will it affect ILR?

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Tue Jun 13, 2017 2:42 pm

Also may i know if i can apply during or after the 28days before expiry date if there is no date to select for premium? or lets say between 27 and 20 days of 6yrs discretionary visa expiry on premium same day application?
I cant apply 6 years exactly anymore because am past it but i can utilise the 28 days before visa expiry hence me asking if it must be 28days before visa expiry or less than 28days, lets say 25 day before expiry would be termed as late?

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by CR001 » Tue Jun 13, 2017 3:03 pm

You can apply at any time but not sooner than 28 days before meeting the 6 year residence from the date your FIRST visa on DLR was issued. It can be after you have reached 6 years residence too, there is no restriction that you MUST apply within a certain time or you will have issues.

Council tax should be paid. The council are very quick to take non payers to court.

P.S. please desist from posting your questions in other members topics (post has been removed), as has already been asked, continue in your own topic instead of multiple duplicate questions in other threads.
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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Tue Jun 13, 2017 6:53 pm

CR001 wrote:You can apply at any time but not sooner than 28 days before meeting the 6 year residence from the date your FIRST visa on DLR was issued. It can be after you have reached 6 years residence too, there is no restriction that you MUST apply within a certain time or you will have issues.

Council tax should be paid. The council are very quick to take non payers to court.

P.S. please desist from posting your questions in other members topics (post has been removed), as has already been asked, continue in your own topic instead of multiple duplicate questions in other threads.
Yes payment plan is in place just some financial depletion causing the delay. I just want to know if one visa application wont be affected due to CT arrears or outstanding.

Is my hubby bank account and payslip necessary to be included pls? I dont want to shoot myself in the foot with too many docs that are not neccessary. Thanks

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Tue Jun 13, 2017 10:10 pm

CR001 wrote:You can apply at any time but not sooner than 28 days before meeting the 6 year residence from the date your FIRST visa on DLR was issued. It can be after you have reached 6 years residence too, there is no restriction that you MUST apply within a certain time or you will have issues.

Council tax should be paid. The council are very quick to take non payers to court.

P.S. please desist from posting your questions in other members topics (post has been removed), as has already been asked, continue in your own topic instead of multiple duplicate questions in other threads.
Thanks CROO1, I have read your respond on timimg but not so clear to me. Do you mean since have exceeded my exact six years in february 2017 but my visa expires July 29, 2017. The exact 28 days will be me apply on june 30th but unfortunately there is no premium slot for that date can i apply a week later like july8th bring me to 20 days before visa expiration (july 20th), Hope you get my explanation?

In summary, can i apply like 20 days before my expiration and not exactly 28th day before expiring? Thanks.

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Casa » Tue Jun 13, 2017 10:27 pm

You can apply anytime from 28 days up until the date your current visa expires.
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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Wed Jun 14, 2017 10:24 am

Casa wrote:You can apply anytime from 28 days up until the date your current visa expires.
Oh great, thanks Casa....now am at peace and no more under pressure to tidy up loose end. Will start filling the form, get my docs all together and let you know if i get confused about any thung along the line....I wish i can pay for this service...you guys are so awesome! Merci!!!

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by azharmahmood » Wed Jun 14, 2017 10:53 am

Please let us know the outcome of your application. thanks

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Wed Jun 14, 2017 2:33 pm

azharmahmood wrote:Please let us know the outcome of your application. thanks
Yes i will, have you applied for yours? what visa typr are you on? I am on 6yrs DL to ILR.

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by leonex4t5 » Wed Jun 14, 2017 3:51 pm

Firewoman wrote:
Yes payment plan is in place just some financial depletion causing the delay. I just want to know if one visa application wont be affected due to CT arrears or outstanding.

Is my hubby bank account and payslip necessary to be included pls? I dont want to shoot myself in the foot with too many docs that are not neccessary. Thanks

Regarding council tax - an applicant may be refused for non-payment of council tax. Also an applicant may be refused for being dishonest in dealing with government (such as the council).

In light of the above, I urge you to ensure that you are keeping up with payments of your council tax and equally important is that you are able to demonstrate that when your husband claimed a single person discount that you were not living there. HO may contact the council to get the information the council holds - so make sure your are all aligned. (personal experience: I claimed single person discount for council tax and during my recent ILR application at the PEO, I was asked if my partner lived with me. Fortunately my partner lives and studies in London and I live in Manchester but we are always together at weekends and HO was interested to make sure I hadn't lied to the council at any point).

Regarding documents: Apart from the mandatory documentations like passport and a proof of address, evidences is case specific and you should only include documentary evidence that shows that the circumstances prevailing at the time of the previous DL grants still exist. (eg I was granted my DLs on the basis of my relationship with my British daughter and all my evidences were focused on showing the relationship still exists, so I put things like investment for my daughter and letter from her school, I wouldn't necessarily need to put evidence regarding my partner and I).

In general, just make sure your dealings with other government departments are genuine and any debts are being responsibly managed.

Good luck!
Hard Work = Sucess!

Firewoman
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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Wed Jun 14, 2017 5:43 pm

leonex4t5 wrote:
Firewoman wrote:
Yes payment plan is in place just some financial depletion causing the delay. I just want to know if one visa application wont be affected due to CT arrears or outstanding.

Is my hubby bank account and payslip necessary to be included pls? I dont want to shoot myself in the foot with too many docs that are not neccessary. Thanks

Regarding council tax - an applicant may be refused for non-payment of council tax. Also an applicant may be refused for being dishonest in dealing with government (such as the council).

In light of the above, I urge you to ensure that you are keeping up with payments of your council tax and equally important is that you are able to demonstrate that when your husband claimed a single person discount that you were not living there. HO may contact the council to get the information the council holds - so make sure your are all aligned. (personal experience: I claimed single person discount for council tax and during my recent ILR application at the PEO, I was asked if my partner lived with me. Fortunately my partner lives and studies in London and I live in Manchester but we are always together at weekends and HO was interested to make sure I hadn't lied to the council at any point).

Regarding documents: Apart from the mandatory documentations like passport and a proof of address, evidences is case specific and you should only include documentary evidence that shows that the circumstances prevailing at the time of the previous DL grants still exist. (eg I was granted my DLs on the basis of my relationship with my British daughter and all my evidences were focused on showing the relationship still exists, so I put things like investment for my daughter and letter from her school, I wouldn't necessarily need to put evidence regarding my partner and I).

In general, just make sure your dealings with other government departments are genuine and any debts are being responsibly managed.

Good luck!
Thanks so much for the detailed answer. I can prove i wasnt living with hubby when he rented the apartment because i was studying for my msc and only come around twice a week but kids were with him always, he keeps them overnght with minders and works at night. I finished studying and living with him after staying apart for four month due to misunderstanding. I am living in same house now for the past four months but havent notified council tax. I wanted to but read somewhere that council may not update the details promptly or may not take it as relevant since i just started living there.

Hubby is paying the council tax arrangement, there is nothing that shows he claimed single person tax but i guess it comes automatically since he mentioned he lives there alone. I think i should tell him to jus place a call and add me on irrespective of anything. I dont want to be refused because of CT...However, i still wont submit the CT docs cause it seems complicated enough.

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by leonex4t5 » Wed Jun 14, 2017 6:30 pm

Council tax isn't necessarily a mandatory document for the ILR. However if you were granted on the basis of relationship with your husband, then council tax with both of your names on would have helped in proving that you both are subsisting and living together (this is not the only document that can prove that). Anyway, I think you should still notify the council so the record is accurate should incase HO check with them.
Hard Work = Sucess!

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Wed Jun 14, 2017 7:19 pm

leonex4t5 wrote:Council tax isn't necessarily a mandatory document for the ILR. However if you were granted on the basis of relationship with your husband, then council tax with both of your names on would have helped in proving that you both are subsisting and living together (this is not the only document that can prove that). Anyway, I think you should still notify the council so the record is accurate should incase HO check with them.
I concur to that but aside existing marriage certificate what other docs can show this minding i have just mobile bill and broadband in my name. What docs did you submit and could you pls share how your PEO application went? Am a bit nervous!!!

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Re: DLR to ILR but seperated briefly from hubby, claimed ben

Post by Firewoman » Wed Jun 14, 2017 9:10 pm

The truth remains when he rented the apartment and did the council tax we were seperated due to misunderstanding and i was studying then, I was even in a refuge home at some point, hence me claiming benefits which i have stopped last month since we are back together. Can i state this without them thinking we are back for visa sake? I was paying the broadband bills from day one though ? Can i also state he forgot to add me on the CT since we just came back together last month? Its all a bit complicated!

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