ILR query about myself, wife and child

[eager2learn]

Hi All,
I came to UK, Mar 2006 on work permit visa, in 2007 changed my employers and converted into tier 2. Jan 2010 I converted into tier 1. after that I was jobless for a few months but now back in job. I will be eligible for ILR feb 2011. My questions are

1) I got P60s for every year except this april as I was without job then but I got the p45s between employers to prove that, is that sufficient? Do I need letters from each of my previous employers as I have changed employers several times?

2) my wife came to UK in Mar 2007 as my spouse but then got into a job and her company required her to get into her own work permit, she is now on tier 2. I think she needs to go back to the home country and come back as spouse before I apply for ILR together with her?

3) our daughter was born 2 months ago in UK. She has to go with my wife to the home country. However she wont have a visa. So I guess she and my wife both have to get visa from the home country which will be "tier 1 dependent" and then they can apply for ILR with me?

[xyz123]

1- you were without job only for few months so still should have P60- which is end of the year certificate. P45 should be ok. get letter from HMRC for ur tax history for last 5 years

2-yes

3- not sure, if one can just leave the country without a valid visa for UK. you may need to get a visa stamped for her seperately in UK before she can leave UK, but not sure. mods can help.

[vinny]

2. Yes.
3. Yes.

[eager2learn]

1- you were without job only for few months so still should have P60- which is end of the year certificate. P45 should be ok. get letter from HMRC for ur tax history for last 5 years

2-yes

3- not sure, if one can just leave the country without a valid visa for UK. you may need to get a visa stamped for her seperately in UK before she can leave UK, but not sure. mods can help.

thank you very much xyz123 and vinny.

1-I think P60 is provided by the employer each April, I was without job april this year and therefore didnt have it. If I get the HMRC letter for past 5 years taxes will that be sufficient or I will still require letters from all my previous employers?

3-From reading the forum, I think the baby can even now get a visa(I still have to do her passport ) with her birth certificate but why should I pay the application fee if the baby can get it from our home country, even though it may be risky to go out of the country without visa.

[musique79]

As regards to #3, AFAIK children under 2y who were born in the UK do not need a visa so long as they do not leave the country. Once they go out of UK, they are subject to same level of immigration control as any other non-citizen.

So in your case since your child will be leaving the UK, they will need a visa to re-enter. You can either apply for that as either in-country dependant before traveling or apply from your home country as out-country applicant, but in any case they will need a visa before entering UK.

If you can hold off the travel until Feb'11 you can include your daughter as a dependant on your ILR application and save paying the T1 dependant fee.

You do not even have to apply for her T1 or ILR, as you can apply for her naturalisation directly (if you wish so) once you get ILR for yourself (moderators pls correct me if I am wrong!).

Hope that helps.