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ILR Queries

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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ckothapalli
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Posts: 8
Joined: Tue Jan 22, 2013 3:50 pm
Location: Leeds

ILR Queries

Post by ckothapalli » Wed Feb 13, 2013 1:50 pm

Hi,

I have a few queries with regards to my ILR application.

I am currently on Tier I (General) VISA and my initial visa was HSMP.

HSMP Entry Clearance Date : 27/03/2008
Date of Initial Entry in UK : 25/06/2008
Extension (Tier 1) Issued on : 10/02/2010
Extension (Tier 1) Valid until : 27/03/2013
Gap between EC date and initial entry - 90 Days
ILR Appointment Date : 11/02/2013 @ sheffield for myself and 3 dependants

1) Can someone pls advice if initial gap of 90 days is acceptable by UKBA? have you known any previous cases where people have got ILR with exact 90 days as the initial gap?

I am aware of rule and think my case will be fine technically, but just looking for assurance from guys on this forum.

2) Being a limited company director, i draw salary & dividends from my company. For one of the months, by mistake my salary was credited in 2 transactions. Net salary of 800 GBP, was credited as 500 GBP and 300 GBP in 2 different transactions with the same reference. The payslip still shows the total figure of 800 GBP. Will this be fine with UKBA?

My wife is currently on Tier 1 dependant visa and her details are as below:

Initial Tier 1 (Dependant) VISA valid from : 25/06/2008
Date of Initial Entry in UK : 28/09/2008
Extension (Tier 1 dependant) Issued on : 10/02/2010
Extension (Tier 1 dependant) Valid until : 27/03/2013

Her absences from UK are as below:

Date Left Date Entered Event No of Days
28/09/2008 Initial Entry 0
08/03/2010 13/04/2010 Personal Visit 34
10/07/2010 09/09/2010 Personal Visit 59
12/08/2011 29/01/2012 Personal Visit 167

3) my wife has lived in the UK continously i.e. from 28/09/2008 till 12/08/2011 before the 167 day break (she went back to india for the birth of our child). can you please suggest if she is eligible for ILR considering she has lived for more than 2 years before the big break or do i need to apply using FLR (M)?

4) In case she is eligible for ILR, for cohabitation do i need to show docs before the 167 day break or i can show docs for the last 2 years that include the break?

Thanks in Advance
CK

ckothapalli
Newly Registered
Posts: 8
Joined: Tue Jan 22, 2013 3:50 pm
Location: Leeds

Re: ILR Queries

Post by ckothapalli » Thu Feb 14, 2013 10:38 am

Hi,

Can someone pls advice on the queries that i have posted?

Thanks
CK

ckothapalli
Newly Registered
Posts: 8
Joined: Tue Jan 22, 2013 3:50 pm
Location: Leeds

Re: ILR Queries

Post by ckothapalli » Sat Feb 16, 2013 10:18 pm

Hi,

Would like to know if my case is too complicated considering that I have had no reply so far?

Can someone pls advice if it would be better to approach a solicitor?

Thanks
CK

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: ILR Queries

Post by uksettlement » Sun Feb 17, 2013 12:06 am

ckothapalli wrote:
1) Can someone pls advice if initial gap of 90 days is acceptable by UKBA? have you known any previous cases where people have got ILR with exact 90 days as the initial gap?

I am aware of rule and think my case will be fine technically, but just looking for assurance from guys on this forum.

Guidance specifies not more than 90 days so you will be fine. Just take a print out of the guidance with you.

2) Being a limited company director, i draw salary & dividends from my company. For one of the months, by mistake my salary was credited in 2 transactions. Net salary of 800 GBP, was credited as 500 GBP and 300 GBP in 2 different transactions with the same reference. The payslip still shows the total figure of 800 GBP. Will this be fine with UKBA?

This should be fine too.

My wife is currently on Tier 1 dependant visa and her details are as below:

Initial Tier 1 (Dependant) VISA valid from : 25/06/2008
Date of Initial Entry in UK : 28/09/2008
Extension (Tier 1 dependant) Issued on : 10/02/2010
Extension (Tier 1 dependant) Valid until : 27/03/2013

Her absences from UK are as below:

Date Left Date Entered Event No of Days
28/09/2008 Initial Entry 0
08/03/2010 13/04/2010 Personal Visit 34
10/07/2010 09/09/2010 Personal Visit 59
12/08/2011 29/01/2012 Personal Visit 167

3) my wife has lived in the UK continously i.e. from 28/09/2008 till 12/08/2011 before the 167 day break (she went back to india for the birth of our child). can you please suggest if she is eligible for ILR considering she has lived for more than 2 years before the big break or do i need to apply using FLR (M)?

She can apply for ILR with you.

4) In case she is eligible for ILR, for cohabitation do i need to show docs before the 167 day break or i can show docs for the last 2 years that include the break?

You can show documents for all the years if you want but it might be better to show the docs for the last two years. Also dependant absence dosent matter. In your case I would take 3 yrs cohab docs to be on safe side.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

ckothapalli
Newly Registered
Posts: 8
Joined: Tue Jan 22, 2013 3:50 pm
Location: Leeds

Re: ILR Queries

Post by ckothapalli » Mon Feb 18, 2013 12:14 pm

Hi uksettlement,

Many thanks for your replies.

Regards
CK

go2khurram
Member of Standing
Posts: 335
Joined: Mon Mar 03, 2008 12:01 pm
Location: UK

Post by go2khurram » Mon Feb 18, 2013 12:38 pm

ckothapalli,

How lucky you are....You entered on 90th day and eligible for ILR.

I enter on 92th day and struggling to find a way to save the extension fee.. :(

ckothapalli
Newly Registered
Posts: 8
Joined: Tue Jan 22, 2013 3:50 pm
Location: Leeds

Post by ckothapalli » Tue Feb 19, 2013 4:13 pm

Hi go2khurram,

Hopefully i will be lucky as you have said.

I have seen a post on this forum where a person's ILR was rejected when the initial gap was 91 days. So, suggest you seek some concrete opinion before you apply.

Good luck.

Regards
CK

go2khurram
Member of Standing
Posts: 335
Joined: Mon Mar 03, 2008 12:01 pm
Location: UK

Post by go2khurram » Tue Feb 19, 2013 5:06 pm

ckothapalli wrote:Hi go2khurram,

Hopefully i will be lucky as you have said.

I have seen a post on this forum where a person's ILR was rejected when the initial gap was 91 days. So, suggest you seek some concrete opinion before you apply.

Good luck.

Regards
CK
Can u plz share the link of the post you are referring?

Thanks

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