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ILR due in October and few questions

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

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farrukh
Junior Member
Posts: 70
Joined: Mon May 22, 2006 12:12 pm

ILR due in October and few questions

Post by farrukh » Tue Aug 02, 2011 3:09 pm

HI All!!

I am in a process to app application for my ILR application. My application comes under pre Nov, 2006 and my current leave expires in October, 2011. I have read many posts here and couldnt find answers to my question (appologies if these have been answered elsewhere).

1.) I changed my job earlier this year (end of March). The company seems to have a very strict rule on issuing employment letter. The only letter i can get is that I am a full time employee of this company and the date i joined and the salary i receive. Is this letter going to be enough for my application?

2.) Also, as I am on a 6 month probationary period which is going to end on end of September and I am applying for my ILR before that. Is this going to be an issue?? (Although the employment letter doesnot state that I am on a probationary period).

3.) Got married in April this year and my wife joined me just over month ago. I read the forum and I know that my wife is eligible for ILR with my application. What sort of cohibitation prove i have to show for her? I opend her joint bank account with me recently, got her name listed on the water bill and her NHS registration letter. Are these enough?

4.) Also, if someone can point me where on UKBA it states that my dependant is eligible for ILR due to JR pre November 2006. I just want to take the printout with me just in case.

Hope to hear from you guys soon.

Keep up the good work.

Regards,
Farrukh

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: ILR due in October and few questions

Post by mk357 » Tue Aug 02, 2011 3:34 pm

farrukh wrote:HI All!!

I am in a process to app application for my ILR application. My application comes under pre Nov, 2006 and my current leave expires in October, 2011. I have read many posts here and couldnt find answers to my question (appologies if these have been answered elsewhere).

1.) I changed my job earlier this year (end of March). The company seems to have a very strict rule on issuing employment letter. The only letter i can get is that I am a full time employee of this company and the date i joined and the salary i receive. Is this letter going to be enough for my application?

2.) Also, as I am on a 6 month probationary period which is going to end on end of September and I am applying for my ILR before that. Is this going to be an issue?? (Although the employment letter doesnot state that I am on a probationary period).

3.) Got married in April this year and my wife joined me just over month ago. I read the forum and I know that my wife is eligible for ILR with my application. What sort of cohibitation prove i have to show for her? I opend her joint bank account with me recently, got her name listed on the water bill and her NHS registration letter. Are these enough?

4.) Also, if someone can point me where on UKBA it states that my dependant is eligible for ILR due to JR pre November 2006. I just want to take the printout with me just in case.

Hope to hear from you guys soon.

Keep up the good work.

Regards,
Farrukh
If you are covered by the HSMP JR then you need not to worry too much. Anyway here are the ans IMHO:
(1) Yes should be more than enough.
(2) No. Shouldn't be an issue at all.
(3) You have enough docs. However, please keep in mind that some times CW might ask for 2 years cohabitation, which is not possible in your case as you got married recently. In worse case scenario she might be issued an extension rather then an ILR. But if you are lucky you might get ILR for her as well.
(4) I have seen the doc reference somewhere on this site. If you search the forum you would definitely find.

farrukh
Junior Member
Posts: 70
Joined: Mon May 22, 2006 12:12 pm

Post by farrukh » Tue Aug 02, 2011 3:45 pm

thanks MK357 for your quick reply.

Just a thought, if the UKBA website states that the dependent visa status will follow the main applicant visa status if covered by JR. How can a caseworker reject the dependents application? If he rejects the ILR application for the dependant, is it possible to appeal? Or to take the matter to court? Just trying to see what other options i have in case the dependant application is refused.

Also, i cant find the link. So if anyone can point me please, that would be a great help.

Thanks once again.

khalidmirza
Member of Standing
Posts: 289
Joined: Fri Jun 06, 2008 11:10 am

Re: ILR due in October and few questions

Post by khalidmirza » Tue Aug 02, 2011 3:47 pm

farrukh wrote:HI All!!

I am in a process to app application for my ILR application. My application comes under pre Nov, 2006 and my current leave expires in October, 2011. I have read many posts here and couldnt find answers to my question (appologies if these have been answered elsewhere).

1.) I changed my job earlier this year (end of March). The company seems to have a very strict rule on issuing employment letter. The only letter i can get is that I am a full time employee of this company and the date i joined and the salary i receive. Is this letter going to be enough for my application?

2.) Also, as I am on a 6 month probationary period which is going to end on end of September and I am applying for my ILR before that. Is this going to be an issue?? (Although the employment letter doesnot state that I am on a probationary period).

3.) Got married in April this year and my wife joined me just over month ago. I read the forum and I know that my wife is eligible for ILR with my application. What sort of cohibitation prove i have to show for her? I opend her joint bank account with me recently, got her name listed on the water bill and her NHS registration letter. Are these enough?

4.) Also, if someone can point me where on UKBA it states that my dependant is eligible for ILR due to JR pre November 2006. I just want to take the printout with me just in case.

Hope to hear from you guys soon.

Keep up the good work.

Regards,
Farrukh
Q1 Basically employment letter was required for work permit holders. HSMP JR applicants only requirement is to be economically active at the time of application. By the way pre Nov applicants are on settlement route and employer is not supposed to write to UKBA for your ILR applications.
I honestly do not understand the logic of employment letter even for JR cases. By submitting current payslip amply proves that you are economically active
Q2 Probably you are totally mixed up HSMP JR and WORK PERMIT requirements
Q3 That is good enough. But here there is a grey area. Many case workers have insisted 2 years stay in UK for spouse although it is the violation of HSMP ILR JR policy document. Last line http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy
Please read this policy specially item 6, 27 and last line which are applicable in your case
Q4

farrukh
Junior Member
Posts: 70
Joined: Mon May 22, 2006 12:12 pm

Post by farrukh » Tue Aug 02, 2011 4:07 pm

thanks once again for your reply and the link.

The only concern is, in case the application is refused on the basis that i cant prove 2 years of cohabitation. What chances do i have than? Can i appeal or take the matter to court, as you said its a clear violation to JR HSMP!???

khalidmirza
Member of Standing
Posts: 289
Joined: Fri Jun 06, 2008 11:10 am

Post by khalidmirza » Tue Aug 02, 2011 4:53 pm

farrukh wrote:thanks once again for your reply and the link.

The only concern is, in case the application is refused on the basis that i cant prove 2 years of cohabitation. What chances do i have than? Can i appeal or take the matter to court, as you said its a clear violation to JR HSMP!???
FARRUKH It is a very hard question. Really I cannot answer.History is that some people got the spouse visa under JR while there are many who were refused. On this forum I have not seen any member going to court .People have switched spouse visa FLR(M). Let us hope you get the spouse visa and if not and you decide to go to court and win it, you would do a great favour for the community

farrukh
Junior Member
Posts: 70
Joined: Mon May 22, 2006 12:12 pm

Post by farrukh » Sat Aug 06, 2011 2:28 pm

thanks once again for your reply Khalidmirza.

I got one more general question regarding ILR. Do i have to take photocopies of all the documents with me as well? Like pay slips, bank statements etc etc.

Thank you

khalidmirza
Member of Standing
Posts: 289
Joined: Fri Jun 06, 2008 11:10 am

Post by khalidmirza » Sat Aug 06, 2011 4:02 pm

farrukh wrote:thanks once again for your reply Khalidmirza.

I got one more general question regarding ILR. Do i have to take photocopies of all the documents with me as well? Like pay slips, bank statements etc etc.

Thank you
May I ask you a question. Would you like your meal prepared, served in hot plates with all napkins clean and tidy and if possible someone to feed you. If answer is Yes then photocopy all and serve nicely. Otherwise rules do not say anything to submit copies. Best of luck

lamzat
Newly Registered
Posts: 21
Joined: Tue Jun 14, 2011 9:19 pm

Post by lamzat » Mon Aug 08, 2011 2:45 am

Regarding your spouse, ensure you attach a covering letter stating that under the rules your spouse must be considered as you irrespective of the period of cohabitation. Worst case, you seek for a reconsideration but better to save time with a covering letter and a print out of the rules. Dont leave anything to chance. Your economic activity suffices. Include your P60S as well. Seems it is clearly stated on the SET O form that copies of docs be included.

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