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Tier 1 to ILR

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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imk049
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Tier 1 to ILR

Post by imk049 » Mon Oct 07, 2013 10:34 am

Hi,

My ILR is due end of this year. I have one bank statement which is on plain paper (got from Barclays customer counter) but stamped and signed. No Logo though.

Is that OK to submit this?
Barclays doesn't print old statements on letterhead. I have tried several branches but no use.

Thanks

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Post by Amber » Mon Oct 07, 2013 10:55 am

Given that online statements will now be accepted for all application I believe since 1st October 2013, you could include an online print out or what you have should suffice. Barclay's should be able to print it on their own letterhead paper, though, not at the cashier desk but rather at one of their 'consultation booths'.
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Post by Amber » Tue Oct 08, 2013 9:07 am

imk049 wrote:Hi,

I am gonna apply for ILR end of this year. My wife joined me on 1st July, 2012. She has not yet finished 2 years in UK.

Can she still apply for ILR with me on dependent application or does she has to complete 2 years first?

Secondly, during my second year in 2010, I went on Holidays outside UK for 165 days (in a single trip and not for job reason) and since then I have never been outside UK for a single holiday until now, so still less than 180 days threshold. My question here is "Do I need to give a proof/reason for 165 days outside UK within my case file" OR Shall I only mention this absence in the cover letter and form OR shall I take the keep the reason docs (medical reason in my case) with me in PEO office and produce only if they ask for it.

**For your info I am planning for same day appointment

Thanks a lot
Lucapooka wrote:Depends on your status. Old WP, yes she can; PBS migrant, no she can't.
imk049 wrote:I am PBS migrant.........Tier 1 General
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Amber
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Post by Amber » Tue Oct 08, 2013 9:07 am

imk049 wrote:Hi,

I am gonna apply for ILR end of this year.

During my second year in 2010, I went on Holidays outside UK for 165 days (in a single trip and not for job reason) and since then I have never been outside UK for a single holiday until now, so still less than 180 days threshold. My question here is "Do I need to give a proof/reason for 165 days outside UK within my case file" OR Shall I only mention this absence in the cover letter and application form OR shall I take the keep the reason/docs (medical reason in my case) with me in PEO office and produce only if they ask for it. Please guide

**For your info I am planning for same day appointment

Thanks
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Amber
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Post by Amber » Tue Oct 08, 2013 9:08 am

So long as your absences are <180 days per 12 month period you should not be asked for evidence.
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imk049
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Post by imk049 » Tue Oct 08, 2013 9:24 am

D4109125 wrote:So long as your absences are <180 days per 12 month period you should not be asked for evidence.
Thanks for your reply. Just couple of more questions. Is that max. 90 days rule in a single absence been abolished?

I thought 180 days absence is not per calendar year but we can stay max. 180 days outside UK within a period of complete 5 years.

Anyone please clarify on these.

Much appreciated

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Post by Amber » Wed Oct 09, 2013 4:23 am

Not 90 days, but, <180 days per 12 month period.
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bunty4ILR
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Post by bunty4ILR » Wed Oct 09, 2013 1:03 pm

D4109125 wrote:Given that online statements will now be accepted for all application I believe since 1st October 2013, you could include an online print out or what you have should suffice. Barclay's should be able to print it on their own letterhead paper, though, not at the cashier desk but rather at one of their 'consultation booths'.
Hi Amber could you please tell me where on UKBA website (or link) is stated that online/internet statements will be accepted from now on. My wife has recently applied for ILR (SET, M) and we were told by the settlement checking service that UKBA wont accept the online statements unless stamped or varified by the bank. We took the statements to our local Natwest Branch who first refused to stamp or varify the statements and told us to pay 10 quid for each account statements to be posted out to us. Thankfully the branch manager intervened and very kindly stamped the statements.

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Post by Amber » Wed Oct 09, 2013 3:04 pm

Statement of changes at 7.17 page 92 wrote:7.17 Changes to requirements to provide bank statements are being made, to allow
electronic bank statements to be submitted for all bank accounts, not just those which are
exclusively online accounts
Effective from 1st October 2013. Though as per:
Annex FM 1.7 wrote:3.3.4. Bank statements must be on official bank stationery. Alternatively electronic bank
statements can also be accepted for all bank accounts (the account itself does not have to
be exclusively online) as long as they are either accompanied by a letter from the bank on
its headed stationery confirming that the documents are authentic or which bear the official
stamp of the issuing bank on every page.
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Sahib
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Post by Sahib » Thu Oct 10, 2013 12:02 am

Thanks for sharing the info

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Post by Amber » Sat Nov 02, 2013 5:30 pm

imk049 wrote:Hi,

Tier 1 (General) visa issue date: 28th January, 2009

Just got couple of questions:

1. I will complete 5 years continuous residence at 28th January 2014. But my current visa expiry date is 31st of March 2014. Can I apply for ILR after completing 5 years of continuous residence say in end of February 2014 since my visa will still be valid and not expired?

2. I had a single absence of 165 days outside UK in 2010 (happened in second year of 5 years continuous residence). This absence was not work related but for a personal reason. Will I still be required to furnish an evidence for this absence?

Thanks a lot
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Post by Amber » Sat Nov 02, 2013 5:35 pm

You can apply before your leave expires if you are eligible. I believe the other question has been answered above.
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imk049
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Absence less than 180 days and personal-do we need evidence?

Post by imk049 » Sat Nov 02, 2013 5:50 pm

Just a further clarification regarding question 2. I have read in UKBA website and it clearly says that evidence should be provided for all absences.

On 8th of October I gotta reply from "Moderator" that no evidence should be required. That's why raising this question again. Please guide. Check the link
and read point 3

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Another link for your reference. Search for the word "absences"
https://www.whatdotheyknow.com/request/ ... ermited_ab

I did sort out my bank statement issue with Barclays after some struggle.

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Post by Amber » Sat Nov 02, 2013 6:04 pm

Although the form asks for evidence, I have not hears anyone saying they have been asked for it in practice, when the absences are <180 days per 12 month period.
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imk049
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Post by imk049 » Sat Nov 02, 2013 6:24 pm

D4109125 wrote:Although the form asks for evidence, I have not hears anyone saying they have been asked for it in practice, when the absences are <180 days per 12 month period.
OK I get that....thanks.......I will carry the evidence on the safe side and if they ask I can furnish but I am not gonna make it part of my case file.

Finally, should I mention about this absence including the reason in the cover letter to home office?

imk049
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Switching my dependants from Tier 1 dependent to FLR(M)

Post by imk049 » Wed Dec 04, 2013 7:58 pm

Hello,

"I am on Tier 1 (General) and my wife is Tier 1 dependent at the moment"

Since my wife will not have her 2 years completed after getting my ILR and I have to switch her visa to different category. My questions are:

1. Which form to use for her FLR(M) OR FLR(O)?
2. Will English language test become compulsory for her in order to switch although she is Tier 1 dependent?
3. Does she also require "Life in UK test"?

Please guide.

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Post by vinny » Wed Dec 04, 2013 9:15 pm

If you obtain ILR under Tier 1 (General), then your wife does not have to switch.
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imk049
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Post by imk049 » Wed Dec 04, 2013 9:23 pm

Then how will I apply for her extension of stay in order to complete 2 years for ILR?
Actually her tier 1 dependant visa will expire on 30th of March 2014 and I hope to get my ILR in Feb end 2014. And by 30th March 2014 she would complete 1 year and 9 months. Not enough to apply for her ILR yet.

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Post by vinny » Wed Dec 04, 2013 9:29 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imk049
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Post by imk049 » Wed Dec 04, 2013 9:40 pm

Thanks for your reply.

After getting ILR I won't be under Tier 1 anymore and become settled person. And in that case we normally use FLR(M) or FLR(O) form for dependants extension of stay. The link you've sent referred to point based dependants.

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Post by vinny » Wed Dec 04, 2013 9:47 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imk049
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Post by imk049 » Wed Dec 04, 2013 10:44 pm

This is what I was looking

http://www.immigrationboards.com/viewtopic.php?t=141917

Vinny, just a question based on this link. If I use flr(m) form for my partner's extension after my ILR, will it reset my partner's qualifying period back to 5 years. She came to UK at 1st July, 2012.

vinny
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Post by vinny » Thu Dec 05, 2013 1:14 am

I believe that FLR(M) should not reset her 2 years qualifying period.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imk049
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Post by imk049 » Thu Dec 05, 2013 9:15 am

Thanks a lot Vinny

I am nearly there. Just another question regarding English requirement.

Is English test pass certificate compulsory when switching to FLR(M) from PBS dependent?

imk049
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Post by imk049 » Thu Dec 05, 2013 4:16 pm

imk049 wrote:Thanks a lot Vinny

I am nearly there. Just another question regarding English requirement.

Is English test pass certificate compulsory when switching to FLR(M) from PBS dependent?

Can anyone please reply?

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