ILR eligibility and few queries

[boxing_boy]

Hello,

first of all, I would like to thank Moderators, members for running this very usual forum. Turn around is high and get reply quickly as well.

I am preparing for applying ILR in month of July 2011, as I am completing my 5 years in August 2011. I am having following queries related to eligibility for myself and dependents, income criteria & cohabitation.


1. Eligibility :


A. Eligibility for myself as Main applicant

I got my visa stamped on 09/08/2006 and entered in UK on 13/08/2006 on WP. Below is the visa status summary there after.

a. WP issued on 09/08/2006 for 12 months.
b. WP extension in August 2007 for 12 months.
c. WP extension in August 2008 for 12 months.
d. Switched into T2 (ICT) in 2009 for 12 months, as WP was closed.
e. Switched into T1G in June 2010 and leave to remain till 16th June 2012.


Note : Absence from UK from 25th October 2008 to 25th Nov 2008 on paid leave.

Please can you let me know, am I eligible to apply for ILR on or after (13/08/2011 - 28 days) 16th July 2011 ?

B. Eligibility for Dependents (Spouse)

Spouse :

a. Spouse entered in UK along with me. i.e. 13/08/2006.
b. She maintains visa status in dependent category in a same way, which I have described above for me.

Note : Absence from UK

1. From 26th Sept 2006 to 1st Nov. 2006
2. From 25th Oct. 2008 to 15th Dec. 2008


Daughter :

a. She is born in UK on 21st April 2008.
b. She maintains the same visa status in dependent category in a same way, which I have described 2008 onwards.

Note : Absence from UK

1. From 25th Oct. 2008 to 15th Dec. 2008

Please can you let me know, whether both of them are eligible to apply for ILR at the same, when I apply in July 2011 ?


2. Income criteria :

I had claimed 35 points by showing income just above 56K (£55,000-£64,999.99), when switched to T1G in June 2010.

a. Does that mean, whether I have to show 56K or more to claim 35 points OR anything just above 55K & less than 56K would do to claim 35 points in ILR ?
b. As I am planning to apply in July 2011 (let us say in between 17th & 31st July),what will be my valid 15 months period from 31st July 2011 ?


3. Cohabitation :

As per the new rule in place, you need to prove cohabitation for your spouse. Since my wife is home maker and we do not have any joint account together.

a. What are the proofs, which I can use to prove, we are staying together in UK ?
b. For how long (in terms of years) we need to prove ?


4. Access to public fund :

During her UK tenure, my wife had to go for surgery twice. Would it be consider as access to public fund ?

5. Letter from employer from WP days :

I am working with same employer since Aug 2006 till date, even though I have switched into T1G. Since I have worked from Aug 2006 to June 2010 on WP, before switching into T1G, do I need a letter from my current employer showing I have worked with them during WP period ?


Please moderators or experience members can reply on this post ? That would be great help.


Regards
boxing_boy

[boxing_boy]

May I request members or moderator reply this post, please... ? It will be helpful to me in preparation.

Your help & support highly appreciated..

Thank you
boxing_boy

[boxing_boy]

Please can anyone from forum reply to my queries ? Let me know suggestions or references / pointers, which I need to go through.

Thanks
Boxing_boy

[boxing_boy]

Hi ,

Please anyone can reply to my post or atleast point me out, what is wrong or not correct with post, so no one is replying..?

So I can correct and post it again. I am desperately in need of information on these queries.

Help appreciated.

Thanks

[bani]

Looks like a very straightforward case. You and your spouse can apply for ILR. Not sure about cohabitation documents, but her NHS letters must have been addressed to your house.

And NHS access is fine, it is not considered public funds, no problem there.

Just get a current letter from your employer stating your entire dates of employment there and that you are still employed. No need to mention the visa changes here (you can but it's not important).

Get the new Set(O) form and read the guidance from the ukba website
http://www.ukba.homeoffice.gov.uk/settlement/

Good luck.

[boxing_boy]

Thanks a lot Bani for reply in detail.

1. I can get a letter from current employer.
2. I do have letters from NHS as well.

At last and final, please can let me know your view / opinion on income criteria, which I have mentioned under point #2 ?

2. Income criteria :
I had claimed 35 points by showing income just above 56K (£55,000-£64,999.99), when switched to T1G in June 2010.

a. Does that mean, whether I have to show 56K or more to claim 35 points OR anything just above 55K & less than 56K would do to claim 35 points in ILR ?
b. As I am planning to apply in July 2011 (let us say in between 17th & 31st July), what will be my valid 15 months period from 31st July 2011 ?

In addition to my previous quote, would from 1st May 2010 to 31st July 2011 period be consider as 15 months period ?

I am getting different views from people on 15 months calculation, even though it is pretty staright forward.

Thank you
boxing_boy

[boxing_boy]

Please can anyone reply to my previous post ?

In addition to previous post, please can you let me know, do I need to show my salary from WP + ICT days from employer in reference letter ?

Your reply will be much appreciated.. I am getting different view from different people.

Thanks in advance
boxing_boy

[vinny]

You should show that you satisfied all the conditions of your leave throughout your qualifying period.

Regarding daughter, see also child born in UK.

[boxing_boy]

Thanks Vinny for quick reply. I guess, my multiple posts have created confusion here.

I have received answers for almost my all queuries (thank you, Bani & entire forum), except couple of them, which I am posting below separately.

1. Income criteria :
I had claimed 35 points by showing income just above 56K (£55,000-£64,999.99), when switched to T1G in June 2010.

a. Does that mean,I have to show minimum earning same as previously shown during switch (in my case above 56K) to claim 35 points while applying for ILR
OR
Anything just above 55K & less than 56K would do to claim 35 points in ILR, because this time I am sort of few hundred pounds.

b. As I am planning to apply in July 2011 (let us say in between 17th & 31st July), would 1st May 2010 be included towards my 15 months period ?

c. if answer to (b) is YES, I would like to show May-2010 to April-2011 as 12 months period, which spans over 2 financial years (2010-2011 & 2011-2012). In this case, How does the 12 month income calculation happen ?

Eventhough, it looks pretty staright forward or silly question, I am getting different views from different people.

2. Employee reference letter:
As I have mentioned earlier in my post, I was on WP + ICT from August 2006 to June 2010 with the same employer and working with same employer after switching into T1G (June 2010).

Kindly let me know, do I need to show my salary break for each year, from WP + ICT days from employer in reference letter ?

Again, your reply will be much appreciated. I really would like to thank this forum for providing guidance & detail, which help us in resolving our queries.

Thanks in advance
boxing_boy

[boxing_boy]

Hi,

Please can anyone reply to my post or refer me to a link, where I can get answer ?

Help really appreciated..

Regards
boxing_boy

[boxing_boy]

Please can anyone from forum reply to my queries which I had posted on 1st May ? Let me know suggestions or references / pointers, which I need to go through.

Help really really appreciated.

Thanks
Boxing_boy

[boxing_boy]

Hi forum members,

Please anyone can reply to my queries ? I have been waiting since 1st May ?

Please can anyone let me know, what is wrong with / missing in post, so I am not getting replies ?


Regards
boxing_boy

[geriatrix]

1. Reading the Tier 1 settlement guidance will help.
2. "Employment reference" letter is not needed for immigration application(s).

[boxing_boy]

Many many thanks, Sushdmehta for your reply & pointers. Very helpful.

[geriatrix]

Instead of an "employment reference" letter, you may wish to arrange for a letter from employer stating you are currently employed.