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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I dont have any absences myself but my wife was living with me in UK between 2005-07 then had to live abroad (for overwhelming reasons) and returned to UK sept 2009 where she is living with me since.smaganti wrote:Hi,
is you case straight forward or do you have any absences more than 180 days or 90 days in a stretch..
Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decisionCasa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
Thanks Casa,Casa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
are you sure that your other requirements like p 60, employer letter, salary slip, bank statement and absence were all in order. would like list of your documents submitted and absences to make a guess what it could be. which peo you went to. did you go with solicitor.stillhopeful wrote:Thanks Casa,Casa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
Yes, I have included my wife in my ILR application.My solicitor is not sure but thinks it might be my wife's situation ( she has been living with me for about 20 months now since her return in 2009), prior to that 2007-2009 was abraod and prior to that 2005-2077 was with me here.
The UKBA just said immediately after we submitted the application'' your application is valid but due to need for further enquiries it has been referred to a team''. We have tried to chase them last week but they said ''you will be cntacted in due time''.
I was expecting that at least they will expedite the app if they could not process it on the same day having paid premium and via a solicitor?
is this unreasonable expectation?
is it a problem that my wife has been living with me for just under 2 years now?
I would be grateful for your comments.
stillhopeful wrote:Thanks Casa,Casa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
Yes, I have included my wife in my ILR application.My solicitor is not sure but thinks it might be my wife's situation ( she has been living with me for about 20 months now since her return in 2009), prior to that 2007-2009 was abraod and prior to that 2005-2077 was with me here.
The UKBA just said immediately after we submitted the application'' your application is valid but due to need for further enquiries it has been referred to a team''. We have tried to chase them last week but they said ''you will be cntacted in due time''.
I was expecting that at least they will expedite the app if they could not process it on the same day having paid premium and via a solicitor?
is this unreasonable expectation?
is it a problem that my wife has been living with me for just under 2 years now?
I would be grateful for your comments.
I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.khalidmirza wrote:Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decisionCasa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
Q1 I really d not want to disappoint you but experiences of other forum members does not show a good picture. How UKBA treat these applications forwarded by PEO is not known. We can hope for the best. My opinion is that despite your wife not completing two years there is a v.good chance for ILR for her but by a senior officer who can waive this condition. Do you think it might be a blessing instead of a refusal.stillhopeful wrote:I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.khalidmirza wrote:Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decisionCasa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
My main questions are:
1- do I have reasonable expectation that my premium application should be treated more urgently compared to a postal application even if the peo could not process it on the same day?
2- is there a solid requirement for HSMP JR dependents to complete 24 months of co-habitation to qualify for ILR , similar to spouse of BC?
I would really appreciate any feedback on these specific points.
Cheers
khalidmirza wrote:Q1 I really d not want to disappoint you but experiences of other forum members does not show a good picture. How UKBA treat these applications forwarded by PEO is not known. We can hope for the best. My opinion is that despite your wife not completing two years there is a v.good chance for ILR for her but by a senior officer who can waive this condition. Do you think it might be a blessing instead of a refusal.stillhopeful wrote:I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.khalidmirza wrote:Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decisionCasa wrote:Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?
My main questions are:
1- do I have reasonable expectation that my premium application should be treated more urgently compared to a postal application even if the peo could not process it on the same day?
2- is there a solid requirement for HSMP JR dependents to complete 24 months of co-habitation to qualify for ILR , similar to spouse of BC?
I would really appreciate any feedback on these specific points.
Cheers
Q2 As I mentioned in other posts this two years scenario had some successes and some refusals. I definitely support the understanding that dependents will follow the main applicants under JR but case workers many times did not interpret it like we do. Now I feel that comparing two years requirement under set (M) for spouse of settled person, JR or any other law cannot be superior than the law for settled persons. Theoretically speaking if an applicant under JR get married few weeks earlier and expect ILR for wife is little too much of expectation which is not available even to local British Citizens.
Solicitor must have considered this angle and informed you. I suggest people to be more careful on dependent clause as there could be different meaning to it by case workers
Hi,kumar1979 wrote:Hi Stillhopeful ,
Did they defer your application immediately after accepting it ?
I'm keen to know if they already had some notes about you and your spouse
(or)
did they start looking at all documents i.e passport etc and then found out your spouse's absence etc ?
I'm planning to apply for ILR in 2 weeks and get a feeling that using a solicitor is causing applications to be deferred to a later date ... hence , unable to decide if i should use a solicitor or not .
if they accepted your application and looked at the details and then decided to defer it , my doubt is invalid . If they defered it immediately apfter applying without even looking at the documents - either they had notes about your spouse's departures and arrivals or could be soemthing to do with going through soliticors .
Can you please answer my question ?
kumar1979 wrote:Son of Soil -
Some people mentioned that having a solicitor is unnecessary hasssle & Going personally is better where we can answer any quesries directly and on the spot ...
I'm also thinking between going through a solicit or or self ...
(1) ILR could depend on the caseworker could go either way. However, have heard on this forum that rules / guidance might change in your favaour.RK1980 wrote:Hi All,
I'm new this forum and not very sure if this is the correct thread to ducss about FLR Tier 1(HSMP) or ILR.
My Visa Case,
Got My HSMP in July 2006 (for 2 years), EC in September 2006 and entered UK in October 2006.
In Aug 2008, got an extension for 3 more years under HSMP Judicial rules (High Court Judgement of 8th April 2008). (given as Tier-1 General)
I've spent total 191 days outside since i entered UK. I've been paid for all these days and My P60s & payslips shows that. out of this 191 days, I've stayed out once for a period of 98 days, where I was working remotely from my base country in UK timings. my epmployer has given a letter to confirm that I was working remotely and under the UK payroll since joining the company.
Now after seeing experiences of lot of people in PEO services, I'm thinking about the next step ILR / FLR Tier 1 (HSMP)
Can I ask the experts on this group to share you thoughts / experiences with my following queries.
1. How Successful it can to apply for ILR at the end of Aug / 1st week of spetmber 2011 with PEO Service?
2. to ber in safer side, is it good to go for another extension before going for ILR?
3. If I have permission to go for another extension, Do I need to use FLR Tier 1(HSMP) Application?
4. for How long they will issue extension this time?
your ideas / experiences matters a lot. please share your thoughts..
Best Regards,
RK1980