ILR - PBS migrant with dependant

hsmphsmp · Post by **hsmphsmp** » Sun Oct 28, 2012 7:47 pm

I plan to apply for ILR by Dec 2012. My wife (& also my child) is also applying with me. Following are the dates of her visa

HSMP dependent visa granted - 9 May 2008.
Entered UK - 31 May 2008
Switched to tier 1 dependent when I applied my HSMP -> Tier 1 extension - 27Dec2009.
Tier 1 dependent visa expires on 27 Dec 2012.

I have following cohabitation documents from Jun2008

Year 2008 - Council tax bill dated June 2008. NHS card dated June 2008.
Year 2009 - Council tax bill dated March 2009. Few NHS letters spread across the year. National Insurance card letter dated June 2009.
Year 2010 - Council tax bill dated March 2010. Electoral registration form with her name on it, not dated, but says should returned (if any changes) by 15 Oct 2010.
Year 2011 - Council tax bill dated March 2011. Joint bank statements from June 2011, Joint utility bill from June 2011.
Year 2012 - Council tax bill dated March 2012. Joint bank statements from & Joint utility bill for whole year till now.

As you can see I am missing documents from Dec 2010 to Feb 2011 (calculating 1Dec2010 to 1Dec2012 as 2 years completion). As I read the requirements, the documents should be spread out through out the 2 years.

Will this be a problem? The council tax bill is a singe statement, though covers for the 1 year (March 2010 to Feb 2011). Am I worried unnecessarily? Lot of money at stake for me, so trying to be as safe as possible. I was bit late to realize about to cohabitation documents, but at least added her name to back statements & utility bills from June2011.

In case my wife ILR is rejected, will they approve mine and my child or if one person is rejected, it means whole application (Set(O)) is rejected?

Also the joint utility bill has only one part of my wife's surname since the name was too long (one fore name and 2 part surname). Will this be ok?

I plan to get a letter from council that my wife's name is enrolled in electoral list from 2008. Also a letter from GP that she is registered from June 2008.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Oct 28, 2012 9:13 pm

Not all Cohab evidence you submit needs to be in joint names. Any bills or official letter addressed to either of you (or mainly to her) would be OK.

I don't see any reason for you to worry about potential outcomes because it is very rare (based on reports on this forum) that rejection was due to lack of Cohab doc for a particular month.

I myself am going with just a couple of joint named letters (no joint bills) but plenty of individually named bills and letters covering the 24 months.

hsmphsmp · Post by **hsmphsmp** » Sun Oct 28, 2012 9:43 pm

Thanks wpilr_nov12.
My worry was not whether I had joint letters/bills. Actually I don't have anything addressed to my wife name (joint or individual) for the months of dec2010, Jan, Feb 2011. If it was for only 1 month I wouldn't have worried so much. Requirement does say the docs have to be spread across the 2 years.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Oct 28, 2012 9:49 pm

I think you are worrying a bit too much, though understandable. Maybe payslips if she was working, some communication from GP ( usually about cervical Ca screening etc?

hsmphsmp · Post by **hsmphsmp** » Mon Oct 29, 2012 12:41 pm

Hi wpilr_nov12
No my wife is not working and no letter from GP on these months. If I get letter from GP that she is registered from June2008 and letter from council on being in electoral list from 2008, will that help. Anyone has used such letters as cohabitation?

I don't know what else I have overlooked for my wife's ILR. For the sake of information (also to have plan B), what happens if my wife can't get ILR, but myself and my child are eligible? will the ILR be approved for me and my child, but I have to apply FLR(M) immediately for my wife?

wpilr_nov12 · Post by **wpilr_nov12** » Mon Oct 29, 2012 12:53 pm

hsmphsmp wrote:Hi wpilr_nov12
I don't know what else I have overlooked for my wife's ILR. For the sake of information (also to have plan B), what happens if my wife can't get ILR, but myself and my child are eligible? will the ILR be approved for me and my child, but I have to apply FLR(M) immediately for my wife?

In that extreme scenario, you and your child will be approved, IMHO. I would expect the CW to advise you of that.

selpouv78 · Post by **selpouv78** » Mon Oct 29, 2012 12:58 pm

i think the cohab docs are needed only for 2years

Adojay · Post by **Adojay** » Mon Oct 29, 2012 2:32 pm

In my case, CW said she did not need to see any documentation for co-hab, as my wife and I have been living in the country since we arrived in 2008. This was contrary to the view I had on this forum that co-hab docs are a "must" for ILR application. This makes perfect sense to me. Why would they require co-hab docs for a couple that applied together for initial hsmp+tier-1 general visa extension, and have been living in this country since then and now want to apply for ILR? Evidence of co-habitation is required for unmarried/same sex partners who claim to be living together, and want to apply for ILR. As usual partially trained CW ask for unnecessary documents which are not in anyway relevant for your case.

Kind regards,

Adojay

hsmphsmp · Post by **hsmphsmp** » Mon Oct 29, 2012 4:13 pm

I am not sure Adojay...
The Set O form simply says provide co-hab docs for spouse or civil partner.

----
If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.

rasinrdj · Post by **rasinrdj** » Tue Oct 30, 2012 12:02 pm

hsmphsmp
Adojay applied in Liverpool peo, in this forum the people who posted their success at Liverpool mentioned that CW did not ask for co-hab docs. Whereas in Solihull peo they always ask.
Which peo did you book your appointment and for when?

hsmphsmp · Post by **hsmphsmp** » Tue Oct 30, 2012 2:49 pm

Hi rasinrdj
I plan to apply at Croydon PEO.

Post by **geriatrix** » Tue Oct 30, 2012 3:04 pm

Individual experiences do not override the immigration rules.

rasinrdj · Post by **rasinrdj** » Tue Oct 30, 2012 3:28 pm

hsmphsmp wrote:Hi rasinrdj
I plan to apply at Croydon PEO.

Good luck, take as much evidence as you can. My search so far in this forum did not find anyone rejected because of lack of cohab docs. Wish the same for you.

hsmphsmp · Post by **hsmphsmp** » Tue Oct 30, 2012 4:26 pm

Thanks a lot rasinrdj.

I am hoping they won't ask for those missing months.

Post by **geriatrix** » Tue Oct 30, 2012 11:47 pm

As per immigration rules, one needs to provide evidence of cohabitation for at least 2 years, not necessarily at least 2 years "preceding the application". Your documentary evidences are more than sufficient because they cover more than 4 years. So, stop worrying.

Post by **geriatrix** » Tue Oct 30, 2012 11:53 pm

hsmphsmp wrote:My employer stopped giving P60 hard copies for past 2 years. When requested, they said print it out online. Don't know if it is acceptable for my ILR application.

I read in this forum about getting Employment history from HMRC as replacement for P60. But when I called they they said, they can give only up to tax year ending March 2011. For April 2011 to March 2012 it won't be available till January 2013. Does any one know if this correct?

If I ask my employer to seal and sign my P60 like they do for payslips, will it acceptable to UKBA?

Post by **geriatrix** » Tue Oct 30, 2012 11:57 pm

hsmphsmp wrote:If I ask my employer to seal and sign my P60 like they do for payslips, will it acceptable to UKBA?

Yes. Alternatively, your payslips or banks statements showing salary credit for the year 2010 - 2012 will also be sufficient for the purpose (evidence of economic activity).

Also, as has been suggested, if you call again a different person on HMRC helpline will have a different response for you.

hsmphsmp · Post by **hsmphsmp** » Wed Oct 31, 2012 10:29 am

Thanks a lot sushdmehta (& others as well) for the clarifications. I am more confident with my preparation now. I will try calling HRMC again.

hsmphsmp · Post by **hsmphsmp** » Tue Nov 06, 2012 3:16 pm

I have a question regarding previous earnings. My company awarded 100 shares for all it's employees 3 years ago. Employees were allowed to sell it 3 years later. I sold mine and got X amount credited as part of salary.

My Feb 2012 salary slip shows like this

basic pay - xxxx £
share (OPT GAIN) - xxx£
Total pay(taxable) - basic pay + share (OPT GAIN)

I get my points (40) even without the share amount included on that month. I don't want to complicate things by including this amount. Can I just exclude the amount gained form share from the gross pay of that month. If I can't should I need to ask further letter from employer confirming sale of the shares or if it is mentioned in salary slip, then no need for such letter?

Also recently I got some employer provided tax saving child care vouchers and enrolled for pension. The salary slip says,

basic pay - xxxx£
child care vouchers - -yyyy£ (there is minus sign indicating amount deducted for voucher)
smart pension - -zzzz£

Total pay(taxable) - basic pay minus child care voucher minus smart pension.

Should I claim basic pay as gross income or should I claim total pay (taxable after deductions) as gross income for those months. Again should I ask for employer letter regarding the child care voucher and smart pension?

All your responses are much appreciated. Thank you.

Adojay · Post by **Adojay** » Wed Nov 07, 2012 11:43 am

Rather than complicate things, why don't you just claim the 40 points for the gross earnings which is your reference pay for the month. In my case, I normally get child care vouchers during school holidays, but rather than complicate things by highlighting childcare voucher deductions, I just simply excluded that part (since I still qualified without adding those). My advice is to keep it simple!

hsmphsmp · Post by **hsmphsmp** » Thu Nov 22, 2012 2:56 pm

Since I did not have P60 for all 5 years, I asked for HMRC for employment history letter. They have instead sent me National insurance record. In that it says I still need to pay 13.25£ for the tax year 2007-2008 to make that count a qualifying year. I started working in UK only from Feb 2008, so for 2007-2008 I would have got salary just for Feb 2008 and March 2008 months. May be the salary was not enough for that year to make enough NI contribution?

Anyway it says I still have time to pay the amount (15 April 2014). So I am going to send a cheque immediately. My worry is, will it be encashed by HMRC before my Peo appointment for ILR on first week of Dec and their records updated? If they haven't will it affect my ILR application (for the lack of NI contribution for 2007-2008 year)?

[I am just a permanent employee getting monthly salary, not self employed, so all my NI contribution is only from my salary]

Post by **geriatrix** » Thu Nov 22, 2012 3:09 pm

hsmphsmp wrote:Since I did not have P60 for all 5 years, I asked for HMRC for employment history letter. They have instead sent me National insurance record. In that it says I still need to pay 13.25£ for the tax year 2007-2008 to make that count a qualifying year. I started working in UK only from Feb 2008, so for 2007-2008 I would have got salary just for Feb 2008 and March 2008 months. May be the salary was not enough for that year to make enough NI contribution?

Anyway it says I still have time to pay the amount (15 April 2014). So I am going to send a cheque immediately. My worry is, will it be encashed by HMRC before my Peo appointment for ILR on first week of Dec and their records updated? If they haven't will it affect my ILR application (for the lack of NI contribution for 2007-2008 year)?

[I am just a permanent employee getting monthly salary, not self employed, so all my NI contribution is only from my salary]

Keep copy of cheque. Send cheque by recorded / special delivery so that you receive proof of posting. Present both if questioned by caseworker on the matter and hope for the best.

hsmphsmp · Post by **hsmphsmp** » Thu Nov 22, 2012 3:25 pm

Thanks sushdmehta.

The company had deducted 397.26£ for tax year 2007-2008. But since I earned only for Feb2008 and March2008 months the amount was not enough to make that year counted for state pension.

I called HMRC and they confirmed it is up to me to pay that amount or nor. It is not illegal for me not to pay the remaining amount, but just that 2007-2008 year wouldn't be counted as qualifying year for basic state pension.

In any case to be on safe side, I am going to send a cheque and keep a proof of it as you suggested.

Post by **geriatrix** » Thu Nov 22, 2012 3:54 pm

My response was not regarding whether or not you are liable to pay .... but based on the assumption that you wanted to pay.

hsmphsmp · Post by **hsmphsmp** » Thu Nov 22, 2012 4:17 pm

Sorry sushdmehta if I did not make my question clear.

Before I called HMRC, I thought the additional 13.25£ I am liable to pay. But from my conversation with HMRC I understand it is not mandatory, but I can pay that additional amount and make 2007-2008 tax year counted as qualifying year for basic state pension, but it is up to me to decide whether to do or not to do so. Employer has already deducted the liable NI amount (397.26£) for that year, but since I worked for only 2 months the amount deducted was not enough to make that year counted towards the basic state pension.

So since I am not liable to pay the additional amount 13.25£, I do not think it will affect my ILR. But to be on safe side (if caseworker argues I am liable to pay additional 13.25£) I am going to send a cheque and keep the proof of sending.

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ILR - PBS migrant with dependant

ILR - PBS migrant with dependant

info

Previous earnings query - share, childcare voucher & pen

Pending NI contribution - effect on ILR application