ILR success @Sheffield 07-01-13

[abdc12]

Hi

Firstly many thanks for forum seniors specially @sushdmehta @vinny and @wpilr_nov12 for all your help and support.

ILR got approved on 7th January 2013 at Sheffield PEO.Submitted the following documents.

1. Set(O) form - for me and included 1 dependant
2. Life in the UK test pass notification letter for me & wife
2. Pictures for both
3. Section 9A: Evidence (prev tier 1 approval letter +
Last 12 months Salary Slips + 12 Bank statements + 5yr P60)
4. Section 5 : 3 months savings statement even though not required
5. Cohabitation proof for last 4 years even though only 2 years required (bank statements, utility bills, HMRC letters, payslips with wifes name on them)
6. Photocopy for all the above except form

Total absence for 5 years was 135 days and did not submit any letter from employer as all were related to annual leave or work.

Total time: 4 hrs

Special Note

My wife had her own WP (1.3 yr) and Tier 1 G till Apr 2012 (3 yrs) and switched as dependent on May 2012. Hence she spent 8 months as dependent when we applied. However, we were cohabiting together since 2007. The recent rule changes on 9th July confuses everyone that the entire 2 year period needs to be as dependent.

This is not the case. The entire cohabitation period need not be as dependent if an applicant was granted leave as dependent before 9th of July 2012.

The FAQ on this site is accurate.

I wrote a supporting letter which i did not submit and kept it incase the caseworker raised the issue that wife needs to spend entire 2 year period as dependent. See letter below which you may edit as per your individual case.

-----
Sub: ILR eligibility for my wife, (Name), under rules before 9th July 2012

Dear Sir/Madam,

My wife, (Name), was granted leave as Work Permit holder in (date), with entry date as (date). Subsequently she applied for Tier 1 (General) which was approved with validity till (date). She switched as Tier 1 dependent before 9th July 2012. This decision was taken after looking at the rules (pre 9 July 2012) for ILR eligibility (319(E)) for Tier 1 General PBS migrants and their dependents. The following 2 eligibility criteria were stated under 319 (E) prior to 9th of July 2012:

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

Source: National web archive snapshot taken on 8th April 2012 (Attached)
URL:http://webarchive.nationalarchives.gov. ... 1migrants/

As per the rules in place before 9th of July 2012, there was no requirement for my wife to be my dependent for the entire 2-year cohabitation period. The requirement was, she must have been last granted leave as my partner (319c) and we must have been living together in the UK in a marriage for a period of at least 2 years (319d). In our case, we meet both these criteria along with all others under 319E. The rules were changed on 9th of July 2012 and any application after 9th of July was to be treated under the new rules. As my wife was granted leave as my partner in May 2012, I believe that the eligibility rules (pre 9th July 2012) mentioned above apply to her as per the transitional arrangements put in place by UKBA (http://ukba.homeoffice.gov.uk/siteconte ... am-mig.pdf; Page 8, 69 among others).

I hope the above information along with documentation will be sufficient to make a favourable decision and allow my wife to apply for ILR along with me. If needed, I will be more than happy to discuss or clarify any particular aspect of the application.

Thanking you in anticipation.

Yours sincerely

--------

I printed out the above links and kept it with me. If asked, I planned to attach them with the letter and submit it.

Hope the above helps.

Thanks and best of luck for others.

[psTier1]

Congrats ... Thanks for sharing your experience and letter template..
Any query they asked or additional document they requested?

[asiantiger]

Hi
Congrats for ur visa. I have a question that have they ask specifically for P60 or your self did submit those ?
Many thanks

[asiantiger]

I meant to say 5 years P60
Many thanks

[abdc12]

@ asiantiger

I submitted them myself. It just shows that you were economically active and in line with immigration rules as per your leave specially if you have some amount of time as WP holder.

[asiantiger]

Thanks for the answer .. Appreciated.

[Shekharaca81]

Hi there

Firstly congratulations on the succefull application of ILR.

Can I ask you a question about my case.

My wife and I have been married for 3 years now and she has been here in the UK since 3 years.

In 2012, however, she spent about 7 months out of UK, while I was in the UK. Both of us lived together in the UK for the whole of 2010 and 2011 though.

I assume I meet the 2 year cohab requirement?

your thoughts are much appreciated.

Also, how many cohab docs did you submit?


thanks
Shekhar

[abdc12]

@Shekharaca81

I do not think there is any rules regarding absence on dependents.

Show all evidence from 2010 and 2011 and recent 2012.

If I were you, I would submit cohab documents from the time she is with you till now. As many as I have.

The requirement is 5-6 documents from 3 different sources, I think. I submitted more than that. Utility bills, some bank statements, HMRC docs, payslips etc. I tried to show documents with 3-4 months interval for each year of cohabitation. In other words no need to submit 24 bank statements, 6-8 (covering entire 2010-2011) would do along with other documents. I would include some latest documents in your case.

Hope it helps.