ILR for dependent tier 1 general

[ilr-dep]

I am in the situation please clarify,

My husband applied for ILR under Tier 1 General route (5 years) in July 2016. We are still waiting for the outcome from HO. I am PBS dependent working as a company secretary . As our current visa is going to expire soon, now its time for me and my son to apply for ILR. I know, I have to use Set O application and I have to fill my details in main applicant's place and my son's details in dependent page. Also I have to leave Section 9.
I have few questions regarding maintenance funds.

Section 5 -- Your home and finances
5.3 Are you working in the UK? I have to say 'Yes' and I have to mention my pay. But my pay is less and is not adequate to run the family. I am not receiving any benefits or funds.
This is the question i am confused as we rely on husband's income.
5.6 Complete the following table indicating the sources and levels of income as indicated in 5.1-5.5 that you and your partner are relying on to maintain you and any dependents adequately.
I will include my source of income
Do I have to include my husband's income (dividend and salary) ? (as we rely on his income).

If yes Do I have to give income details for a year?

Your finances on Page 76
Evidence of your finances.:
Do I have to provide my husband's bank statements and my bank statements?
Mine dont have sufficient funds. Also we dont have joint accounts.


If I have to provide my husband's bank statements does he needs to sign the Section 13 Consent form (Name and address of third party) on page 83. Again the question is he is not a third party.

Please help. It should have been much easier if they had separate ILR application forms for dependents like PBS dependents.

[CR001]

You need to complete the forum honesty with the relevant details of income for both of you.

Your ILR will also fail if your husband's ILR is refused.

[ilr-dep]

Thank you for your reply CR001.

My husband applied for ILR on July 2016 by post and still waiting for the outcome.
He is director of limited company. He was asked to submit the questionnaire in May 2017 asking for tax details. He posted immediately saying he didn't do any tax amendments and submitted all SA302.
Since its been more than 16+ months, had some doubt so we were just checking accounts for past 5 years, only then realized he missed out to pay tax for dividend for a month in 2015. It was genuine mistake . He didn't claim any points for that dividend. Earnings claimed to HO matching with HMRC, but he missed out to pay the tax for divided for a month in 2015 and this was after his extension.
Will that be issue now?
If it is how to rectify it , but it is too late. Please advice.
Thanks.

[ilr-dep]

Hi CR001,
I am new to this forum. I posted this question in old thread as the case is quite similar to mine. You have locked that thread since it is not active for long time. I can understand that. If I post this question in a thread where they have similar problems I will get suggestions quickly. I am not able to find recent thread with similar issue. Kindly please help. Where do I post this question to get quick response? I am worried.

Thanks

[CR001]

I can understand that. If I post this question in a thread where they have similar problems I will get suggestions quickly. I am not able to find recent thread with similar issue. Kindly please help. Where do I post this question to get quick response? I am worried.

Keep your questions in your own topic. Tagging onto other members threads is not only rude, but it creates confusion when members respond. Whether you post here or tag on somewhere, ALL members will see you have posted and if anyone is free, willing and able to respond, I am sure they will. We are all volunteers here, also with our own jobs and family commitments, so be a bit patient.

See Multiple Topics/Posts (click)

See also Q12 in this link (click)

[ilr-dep]

Hi all,

Posted the application tier 1 general to ilr in July 2016 and still waiting for the outcome. Running limited company with no tax amendments. Why do they take this long to process the application? Is anyone waited more than 16 months+. Just two months left in current visa. Tried to upgrade to premium but didn't work. Shall I withdraw the application and go for premium appointment? How long does it take for the documents to arrive if I withdraw the application. Please advice.

Thanks

[Kent1234]

Hi,

There are ppl I know, who are on 18 months without any outcome. But most of them are with tax amendments. Your case is different. When was ur last correspondence with HO ( letter or email)?
Withdrawing at this stage won't be ideal, but if you think your application is straight forward then you can book same day appointment. However I m not sure what do you mean by 2 months left in current visa? Please specify? as my understanding is you have applied for ILR after Tier 1 G 5 years completion.

[ilr-dep]

@kent1234 Thank you for your response.
Applied in July 2016
Submitted the questionarrie in May 2017.

There are ppl I know, who are on 18 months without any outcome. But most of them are with tax amendments. Your case is different. When was ur last correspondence with HO ( letter or email)?
After contacting MP, received a letter from HO two weeks back asking for my son's whereabouts. Replied back immediately saying that waiting for the main applicant's outcome.

Withdrawing at this stage won't be ideal, but if you think your application is straight forward then you can book same day appointment.

Please explain how does this works. While the application in progress Is it possible to book PEO?


However I m not sure what do you mean by 2 months left in current visa? Please specify? as my understanding is you have applied for ILR after Tier 1 G 5 years completion.
Yesapplied ILR after completing 5 years. Still 2 more months left in current Tier 1 visa because tier 1 extended 3 times instead of 2.

Too stressed and worried. Please advice

[marcnath]

@kent1234 Thank you for your response.
Applied in July 2016
Submitted the questionarrie in May 2017.

There are ppl I know, who are on 18 months without any outcome. But most of them are with tax amendments. Your case is different. When was ur last correspondence with HO ( letter or email)?
After contacting MP, received a letter from HO two weeks back asking for my son's whereabouts. Replied back immediately saying that waiting for the main applicant's outcome.

Withdrawing at this stage won't be ideal, but if you think your application is straight forward then you can book same day appointment.

Please explain how does this works. While the application in progress Is it possible to book PEO?


However I m not sure what do you mean by 2 months left in current visa? Please specify? as my understanding is you have applied for ILR after Tier 1 G 5 years completion.
Yesapplied ILR after completing 5 years. Still 2 more months left in current Tier 1 visa because tier 1 extended 3 times instead of 2.

Too stressed and worried. Please advice

Unfortunate that it is taking so long.

However, the expiry date of your T1G is irrelevant. You will have the right to stay on the terms of the T1G (Section 3C protection) until your application is decided, however long it takes. So, don't get stressed and worried about the T1G expiry date.

[ilr-dep]

Posted the ILR application under Tier 1 General (main applicant) in July 2016. Still the outcome hasn't been made.
What happens if HO refuses the ILR after 6th April 2018?
Is it possible to make fresh application after 6th April?
So worried and confused. Please advice.

Thanks.

[vinny]

Merged.

[vinny]

If refused, then a fresh application is possible, subject to 39E.

[ilr-dep]

Thank you Vinny for quick response.
The below paragraph outlines the common rule. But is it applicable for Tier 1 General after 6th April?

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

[ilr-dep]

Hi all,

Received ILR and all the documents after 19 months. Thank you for all the support and suggestions.