ILR sorted (PEO, Solihull) *** Maint funds was questioned

[LankanFunkin]

All -

I got my ILR sorted out at the PEO office in Solihull today (from Tier 1 General). I have to say I was very pleasantly surprised by how nice everyone in the office was to me and my missus. Definitely did not expect that given the general demeanor of most other visa folks I have encountered. It was really a positive experience, and it made blowing 2 grand a little bit more acceptable

Key take aways / recommendations to the board:
- If you are preparing a sheet detailing your ins & out of the country, use a grid and clearly mark & separate the totals (Business, Holiday, Total days out). I had a minor crisis moment over that was merely a misinterpretation
- Officer verbally confirmed that they have the ability to consider up to 225 days absence. Anything over that and you should bring specific documentation from your employer stating why and when you needed to travel for business
- Use highlighters and post it notes to help the case worker understand the document they are looking at. And dont be shy about offering help on where to find the relevant information on the documents if you see them having trouble
- If you are using bank statements to cross validate your payslips (and yes, highlight the line item to help them out), be sure to bring the full bank statements, and not just the relevant page. The full statements are also used for verifying economic activity.
- The whole process from entry, document submission, payment and biometric recording took an hour. After that, collect your stuff after 2 hours
- There are no vending machines for food or drinks in the office, just a water fountain

MAINTENANCE FUNDS: The caseworker asked if I wanted to use the bank statements I submitted for my earnings also to show evidence of maintenance funds. This came as quite a shocker, as I dont recall seeing anything on the guidance about this for Tier 1 --> ILR. I verified if this was necessary for ILR, and the caseworker said yes. The caseworker then quickly quipped in saying not to worry, that the statements I presented had adequate evidence of funds. I was a bit blindsided on this, so I chose not to dig deeper. But just thought I'd highlight this in case anyone has any idea what the threshold is, and if so, please share with the group.

[Smam]

Hi

Lots and lots of heartiest congratulations on getting your ILR and also Thanks a lot for sharing your PEO experience.

Good luck for your future.

[timesofindia]

congratulations ..

[linkers]

Congrats on your ILR LankanFunkin. Unlike Tier-1 (Gen), there is no maintenance funds requirement for ILR. I am sure the case worker would have realised this after you questioned him/her about it.

I have seen so many cases where people were in over draft and still succeeded in ILR. It’s always nice to show some savings if one could, but it’s not a mandatory requirement.

[umeruzair]

Under the SET O form there is a tick for the maintainance fund,

on page 9 under section 11 document there is a tick for all the applicants called "Your Finance" where it ask as below,

"Evidence of your finances. If you have to complete section 5, bank statements, building society savings book(s), pay slips or other formal documents as evidence of your ability to maintain and accommodate yourselfand any dependants without recourse to public funds. (See Note 5)"

[Keyrun]

Congrats on your ILR LankanFunkin. Unlike Tier-1 (Gen), there is no maintenance funds requirement for ILR. I am sure the case worker would have realised this after you questioned him/her about it.

I have seen so many cases where people were in over draft and still succeeded in ILR. It’s always nice to show some savings if one could, but it’s not a mandatory requirement.

maintenance funds is a requirement for ILR.
Page 39, Your Finances section of SET(O) form

[linkers]

There is no definite figure of how much money you should have in your account.

But it’s advisable to have sufficient savings at the time of ILR.

[chosenaik]

I consulted a well renowned solicitor firm and they too have advised that UKBA is reviewing funds available to applicants, in order to judge if they will be a burden on social services.

However each case is judged on its own merits and therefore it best to show as many funds available, at the time of application.

[Keyrun]

There is no definite figure of how much money you should have in your account.

But it’s advisable to have sufficient savings at the time of ILR.

Hi linkers,

Going by the rule book.

Applicants applying for ILR thru T1G should meet all the requirements of T1G which includes maintenance funds.

Maintenance funds required for T1G is £800 for applicants and £533 per dependent which will change after 14th June 2012, pls see - http://www.ukba.homeoffice.gov.uk/sitec ... ce-changes

So in order to show maintenance funds for ILR i think they have to show equal to or more than the amount specified for T1G.

I am not sure if they really look for the exact amount but by rule you have to show that amount and it is good to maintain funds over 90 days period.

Hope that helps.

Regards.

[legalalien]

Hi Keyrun, I dont agree with your analysis, just a recent example is jack-sleth (search his post) who applied yesterday as tier 1 showing statements for March2011 to Feb 2012, he was given ILR despite missing statements for March and April. As another one mentioned, some people managed an iLR with an overdrown account.

So the maintenance they refer to in section 11 is ability to maintain yourself, this would probably include regular income, so you dont have to have savings in the same manner as Tier 1 extension etc and you will be ok as long as you are showing economic activity. If there is a minimum fund then they would have specifically mentioned.

[legalalien]

sorry to deviate from the post, and a warm congrats to Lankan.

[linkers]

I got ILR approved last week (myself and 3 dependants) with no maintenance funds.

[naeed]

I got ILR approved last week (myself and 3 dependants) with no maintenance funds.

congrats linkers for ur ILR.

Was it PEO aapointment?

Did u take advantage of 28 days rule?

Thanks

[linkers]

naeed: yes it was a PEO appointment and I took advantage of 28 days rule. Every applicant I am seeing these days is taking advantage of this rule.

As long as you entered the UK within 90 days of getting Entry Clearance, you are eligible to apply for ILR 28 days before the 5th anniversary of your EC.

[naeed]

naeed: yes it was a PEO appointment and I took advantage of 28 days rule. Every applicant I am seeing these days is taking advantage of this rule.

As long as you entered the UK within 90 days of getting Entry Clearance, you are eligible to apply for ILR 28 days before the 5th anniversary of your EC.

Thanks linkers for your reply.

The reason i asked you is this post below,any advise please.

I emailed my query to SettlementOpsPolicy@homeoffice.gsi.gov.uk and they sent me that I have to complete five years before settlement application -

PLEASE READ FROM BOTTOM TO TOP:

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ
Date: Monday, 30 April, 2012, 14:54

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
****************************
Hi Ann,

I apologise but there is still some confusion.

My HSMP started on 5th June 2007 so I complete 5 years on 5th June 2012.

As per the policy, I can apply for ILR before 28 days of the qualifying five years period, which is on or after 7th May 2012. Is my understanding correct?

************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

Further to my earlier response, if you have not completed 5 years continuous residence by 8th May 2012, but make an ILR application via the PEO, your application will fall for refusal. You have stated that you received your HSMP visa from 5 June 2007, therefore you will not complete the 5 year continuous period until 4 June 2012.

However, if you submit a postal application 28 days prior to 13 May 2012, you will have completed a 5 year period by the time your application is decided.

I hope this answers your question.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
*****************************************
To: Settlement Ops Policy Mailbox
Subject: RE: FAQ

Thank you - Please could you confirm whether I become eligible for ILR on 8th of May 2012?

Got HSMP in the UK from 5th June 2007 valid until 5th June 2009
I went to Croydon, PEO for the same day extension under tier-1 [general] on 14th May 2009 [within 28 days of my HSMP expiry date]
My tier-1 [general] was approved from 14th May 2009 valid till 13th May 2012.

I appreciate your response. thanks again.

************************************

From: Settlement Ops Policy Mailbox <SettlementOpsPolicy@homeoffice.gsi.gov.uk>
Subject: RE: FAQ

The period of leave is granted from date of decision. The caseworker processing an application for an extension of leave cannot assume that the applicant will go on to apply for settlement in the UK, therefore this is not a consideration for them, and no error was made on the part of UKBA in this regard.

If you intent to make an application for settlement at a PEO before you have completed the 5 year continuous period, you will not have met this requirement, and your application would be refused, regardless of the margin of the deficit.

Postal applications must be submitted no earlier than 28 days prior to the expiry of leave. Once the application is made, the applicant is covered by Section 3C leave, to ensure that at no point are they in the UK without lawful leave, as the decision process can take up to 6 months. The 28 day policy does not take into account the 5 year period, as when assessing whether the applicant has met this requirement, the caseworker counts backward from the date of decision (because the time spent on 3C leave must be counted towards the 5 year continuous period, due to the applicant not having their passport while the decision process is in progress).

I trust this is helpful.

Regards
Ann
UK Border Agency – Settlement Ops Policy team
********************************************
To: Settlement Ops Policy Mailbox
Subject: FAQ

Require urgent information BY 7th MAY 2012 about ILR and Tier-1(General) error

Dear UKBA,

· I got HSMP in the UK from 5th June 2007 valid until 5th June 2009
· I went to Croydon, PEO for the same day extension under tier-1
(G) on 14th May 2009
· My tier-1 [general] was approved from 14th May 2009 valid till
13th May 2012.

I have heard from the solicitors that UKBA should have given me the tier-1 visa from 5th June 2009 till 5th June 2012 and NOT from 14th May 2009 till 13th May 2012. They say that I become eligible on/after 7th May 2012 but have 23 days short of the FIVE years qualifying period. They stated the visa issuance has an error.

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[nnj10]

Congrats on your ILR LankanFunkin. Unlike Tier-1 (Gen), there is no maintenance funds requirement for ILR. I am sure the case worker would have realised this after you questioned him/her about it.

I have seen so many cases where people were in over draft and still succeeded in ILR. It’s always nice to show some savings if one could, but it’s not a mandatory requirement.

maintenance funds is a requirement for ILR.
Page 39, Your Finances section of SET(O) form

Maintenance funds is NOT a requirement for ILR based on Tier-1 (General).
To prove this go to Point based calculator and and work through to maintenance tab, where it clearly says the maintenance is not a requirement for ILR.

[Keyrun]

Congrats on your ILR LankanFunkin. Unlike Tier-1 (Gen), there is no maintenance funds requirement for ILR. I am sure the case worker would have realised this after you questioned him/her about it.

I have seen so many cases where people were in over draft and still succeeded in ILR. It’s always nice to show some savings if one could, but it’s not a mandatory requirement.

maintenance funds is a requirement for ILR.
Page 39, Your Finances section of SET(O) form

Maintenance funds is NOT a requirement for ILR based on Tier-1 (General).
To prove this go to Point based calculator and and work through to maintenance tab, where it clearly says the maintenance is not a requirement for ILR.

nnj10, thanks for the info.

The initial post was about the CW asking for funds details. Why would CW ask for maintenance funds ?

[nnj10]

I think that is just a miss on the part of CW.
Every case worker deals with a varied category of applicant i.e. Tier-1 extension, ILR etc. everyday; so even though maintenance is not a requirement, most other things (except LiUK) are quite similar for Tier-1 extension (which has maintenance fund requirement) and ILR based on Tier-1.

Just another mistake on part of case worker to ask for maintenance document.

[linkers]

I would completely agree with nnj10.

[rneeta]

agree with keyrun
as you need exactly same points as you did in extension. you would need for ILR also due to change in rule

[zahid.ali.anwar]

agree with keyrun
as you need exactly same points as you did in extension. you would need for ILR also due to change in rule

The points you need for ILR using T1G route ONLY account for the attributes. The English Language requirment and Maintenance funds are not part of attributes. Attributes includes points for Age, Education, Previous Earnings and UK Experiance. The only additional requirment is Life in The UK test result. So asking for maintenance funds by case worker is not right. But I do agree to have some thing in your account rather than an OD account.

Secondly the maintenace funds requirment, even if required by case worker for ILR, should be optional and not mandatory or compulsory.