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ILR for 5 Year WP ( Same Employer) but strange situation

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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ShiningHope
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Posts: 15
Joined: Tue Jun 11, 2013 10:28 am

ILR for 5 Year WP ( Same Employer) but strange situation

Post by ShiningHope » Tue Jun 11, 2013 10:47 am

I did raise this matter last year on the same forum and since then gone quite due to many work and social commitments. May be some one remembers me from my story below, anyway long story short, I applied for ILR along with my wife last year but withdrawn my application when I had to travel urgently to my country. I waited for 2 months before withdrawing my application to see the outcome and all I received was a letter from UKBA asking for: Explanation about my wedding, relationship with my wife, date of wedding, my status of wedding and other explanation about the withdrawn COA I applied to marry with another person but pulled out before the decision was made because I completely lost it and filled it wrong and the moment I realised I withdrawn my application. That was even before I applied for wife’s dependant visa from my country. UKBA also asked for my 5 years employment history which I have obtained now from HMRC.
Now, our visa is running out in few months’ time and I went to a solicitor he has advised me to apply alone without my wife and once granted ILR, register my child born recently as British citizen and then in the end apply for my wife's ILR.
I do not understand why he is saying that as I was planning for joint application but he said my COA (Withdrawn application in the past) has many flaws and could be a problem for me again if i applied for joint ILR application. My question is if UKBA has my record from previous application which I am 100% that they have, why would not they ask where my wife is now and why I am not applying for her along with my application. I think this would cast doubt on my application and I really don’t want to do that but solicitor is adamant and said don’t spoil your chances. He also said that he deals in such cases regularly and when you apply as single applicant, they only ask about you and your history.
I have following documents to apply:
SET- O Form
2 photographs
Passports (old and new)
Life in the UK test (Passed in Dec 2011)
Letter from Employer / SOC Code
Home Office WP Approval Letter
Recent Monthly Bank Statement X 1 ( I have last 4 year bank statements anyway)
Recent payslip X 1 ( I have last 12 months payslips)
Last 5 years P60's (2009-2013)
HMRC 5 year’s employment history

Is that ok? Is my approach ok? I am really confused and if someone here please advise?

Thanks

ShiningHope
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Posts: 15
Joined: Tue Jun 11, 2013 10:28 am

Post by ShiningHope » Tue Jun 11, 2013 1:09 pm

Can anyone please reply?

Many thanks!

ShiningHope
BANNED
Posts: 15
Joined: Tue Jun 11, 2013 10:28 am

Post by ShiningHope » Tue Jun 11, 2013 7:42 pm

ShiningHope wrote:Can anyone please reply?

Many thanks!
Would appreciate advice on the matter.

Many thanks..

Lekore
Newly Registered
Posts: 18
Joined: Thu Jul 21, 2011 4:19 pm

Post by Lekore » Tue Jun 11, 2013 8:07 pm

Kinda hard to read your post, but you should be able to apply together provided:

you have a valid wp visa
your wife has a matching dependant visa
you've both been living together in the uk 5yrs+ (with a GOOD amount of documentary proof)
both have life in the uk test passes

If they have doubts already whether your relationship is genuine you need to satisfy them it's legit. Applying for her separately is unnecessary under WP rules as long as the above are met, and will only make it longer and more complex.

onabanjo
Member
Posts: 194
Joined: Wed Oct 24, 2012 4:55 pm
Location: UK

Re: ILR for 5 Year WP ( Same Employer) but strange situation

Post by onabanjo » Tue Jun 11, 2013 8:57 pm

ShiningHope wrote:I did raise this matter last year on the same forum and since then gone quite due to many work and social commitments. May be some one remembers me from my story below, anyway long story short, I applied for ILR along with my wife last year but withdrawn my application when I had to travel urgently to my country. I waited for 2 months before withdrawing my application to see the outcome and all I received was a letter from UKBA asking for: Explanation about my wedding, relationship with my wife, date of wedding, my status of wedding and other explanation about the withdrawn COA I applied to marry with another person but pulled out before the decision was made because I completely lost it and filled it wrong and the moment I realised I withdrawn my application. That was even before I applied for wife’s dependant visa from my country. UKBA also asked for my 5 years employment history which I have obtained now from HMRC.
Now, our visa is running out in few months’ time and I went to a solicitor he has advised me to apply alone without my wife and once granted ILR, register my child born recently as British citizen and then in the end apply for my wife's ILR.
I do not understand why he is saying that as I was planning for joint application but he said my COA (Withdrawn application in the past) has many flaws and could be a problem for me again if i applied for joint ILR application. My question is if UKBA has my record from previous application which I am 100% that they have, why would not they ask where my wife is now and why I am not applying for her along with my application. I think this would cast doubt on my application and I really don’t want to do that but solicitor is adamant and said don’t spoil your chances. He also said that he deals in such cases regularly and when you apply as single applicant, they only ask about you and your history.
I have following documents to apply:
SET- O Form
2 photographs
Passports (old and new)
Life in the UK test (Passed in Dec 2011)
Letter from Employer / SOC Code
Home Office WP Approval Letter
Recent Monthly Bank Statement X 1 ( I have last 4 year bank statements anyway)
Recent payslip X 1 ( I have last 12 months payslips)
Last 5 years P60's (2009-2013)
HMRC 5 year’s employment history

Is that ok? Is my approach ok? I am really confused and if someone here please advise?

Thanks
I appreciate your concerns and worries over this issue but i must be honest with you, though not all so called lawyers are good, many of our members on this forum are much better than them.That said , its only you that know the premium you placed on the lawyer, as to how good he is. Have you poured your mind out to the lawyer? and what was his response. In addition to whatever advice given on this forum , i will suggest and strongly too that you consult widely probably with another set of lawyers before you make up your mind and let them know your concerns if the decision is still that you should apply alone first.

As for the lawyer who had advised that you should apply alone now without your wife , he probably has his reasons based on previous application he had handled. Try and ask a lot of probing questions from him regarding the issue and you may be able to compare with others as well .
Good luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.

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